Water Contractors
Water Contractors
Water Contractors
OAC 3745-1
Ohio Surface Water Quality Standards
for
Ohio Administrative Code
Appendix C
Public Notice
Public Hearing Scheduled For
Proposed Rulemaking Governing
Water Quality Standards Program
Notice is hereby given that a public hearing regarding proposed amendments to the Water Quality
Standards Program rules in Ohio Administrative Code (OAC) Chapter 3745-1 has been scheduled for
December 4, 2019. This rulemaking includes the following rules:
OAC Chapter 3745-1 contains Ohio’s standards for water quality. This rulemaking includes the
review and update of three rules containing numeric water quality criteria to reflect the latest
scientific information available from U.S. EPA and the Ohio River Valley Sanitation Commission
(ORSANCO).
The Agency invites all interested parties to comment on this rule. The public comment period will
run until December 4, 2019. A public hearing on this proposed rulemaking will be held to consider
public comments in accordance with Section 119.03 of the Ohio Revised Code. This hearing will be
held at Conference Room A at the Ohio EPA Central Office, 50 West Town Street, Suite 700,
Columbus, Ohio at 10:30 a.m. on December 4, 2019. All visitors to Ohio EPA must register at the
Security desk in the lobby upon arrival. Please bring photo identification (such as a valid driver's
license). For security reasons, visitors are required to wear their badge at all times while in the
building. Please arrive early to complete these procedures.
To facilitate the scheduling of oral presentations, persons intending to give testimony at the
hearing should notify the Ohio EPA Public Interest Center, P.O. Box 1049, Columbus, Ohio 43216-
1049, (614) 644-2160. Prior registration will ensure that registrants are heard ahead of those
individuals who register at the hearing. Oral testimony may be limited to five minutes, depending
on the number of persons testifying. All interested persons are entitled to attend or be
represented and to present oral and/or written comments concerning the proposed rulemaking.
Written testimony should be sent to the attention of Emily DeLay at the Division of Surface Water,
P.O. Box 1049, Columbus Ohio 43216-1049. Written comments may also be submitted to the
Hearing Officer at the public hearing. Written testimony will receive the same consideration as oral
testimony. All testimony received at the hearing or by close of business on December 4, 2019, will
be considered by Ohio EPA prior to final action on this rulemaking proposal. Written comments
submitted after this date may be considered as time and circumstances permit.
Pre-notice of this rulemaking is being given to provide a minimum of 45 days’ notice of the public
hearing. The preliminary proposed rule and a fact sheet explaining the rule revisions are posted on
the Ohio EPA website at www.epa.ohio.gov/dsw/dswrules.aspx. Another notice will be provided
when this rule is officially filed with the Joint Committee on Agency Rule Review and the rule will
be posted on the Ohio EPA website at the above link. Questions regarding this rule package should
be directed to Audrey Rush, at the Division of Surface Water, at (614) 644-2035.
DSW Rules
Public Notice
Proposed Rulemaking Governing
Water Quality Standards Program
Notice is hereby given that the Director of Environmental Protection, under the authority of
Sections 6111.041 of the Ohio Revised Code and in accordance with Chapter 119, proposes to
amend the following rules of the Ohio Administrative Code (OAC):
The rulemaking includes the five-year review of three rules in OAC Chapter 3745-1, which contains
Ohio’s standards for water quality. This rulemaking includes the review and update of three rules
containing numeric water quality criteria to reflect the latest scientific information available from
U.S. EPA and the Ohio River Valley Sanitation Commission (ORSANCO). Major updates in this
rulemaking include the adoption of U.S. EPA’s updated 94 water quality chemical criteria for the
protection of human health, as well as updated from ORSANCO’s 2015 Pollution Control Standards,
and the statewide incorporation of maximum contaminant levels (MCLs) which apply within 500
yards of a drinking water intake. These MCLs only previously applied in the Ohio River Basin.
The Agency invites all interested parties to comment on this rule. The public comment period will
run until December 4, 2019. A public hearing on this proposed rulemaking will be held to consider
public comments in accordance with Section 119.03 of the Ohio Revised Code. This hearing will be
held at Conference Room A at the Ohio EPA Central Office, 50 West Town Street, Suite 700,
Columbus, Ohio at 10:30 a.m. on December 4, 2019. All visitors to Ohio EPA must register at the
Security desk in the lobby upon arrival. Please bring photo identification (such as a valid driver's
license). For security reasons, visitors are required to wear their badge at all times while in the
building. Please arrive early to complete these procedures.
To facilitate the scheduling of oral presentations, persons intending to give testimony at the
hearing should notify the Ohio EPA Public Interest Center, P.O. Box 1049, Columbus, Ohio 43216-
1049, (614) 644-2160. Prior registration will ensure that registrants are heard ahead of those
individuals who register at the hearing. Oral testimony may be limited to five minutes, depending
on the number of persons testifying. All interested persons are entitled to attend or be
represented and to present oral and/or written comments concerning the proposed rulemaking.
Written testimony should be sent to the attention of Emily DeLay at the Division of Surface Water,
P.O. Box 1049, Columbus Ohio 43216-1049. Written comments may also be submitted to the
Hearing Officer at the public hearing. Written testimony will receive the same consideration as oral
testimony. All testimony received at the hearing or by close of business on December 4, 2019, will
be considered by Ohio EPA prior to final action on this rulemaking proposal. Written comments
submitted after this date may be considered as time and circumstances permit.
The proposed rule and a fact sheet explaining the rule revisions are posted on the Ohio EPA
website at www.epa.ohio.gov/dsw/dswrules.aspx. The proposed rule is also available on the
Register of Ohio website at www.registerofohio.state.oh.us. Questions regarding this rule package
should be directed to Audrey Rush at the Division of Surface Water, at (614) 644-2035.
ACTION: Original DATE: 10/30/2019 9:09 AM
(A) The Ohio river is designated warmwater habitat, public water supply, agricultural
water supply, industrial water supply and bathing waters, and will meet the most
stringent criteria set forth in, or derived in accordance with, this rule, rules 3745-1-01
to 3745-1-07 and 3745-1-33 to 3745-1-40 of the Administrative Code.
Radionuclides T -- ce ce
1
T = total.
2
mg/l = milligrams per liter (parts per million); µg/l = micrograms per liter (parts per
billion); °F = degrees Fahrenheit; cfu/100 mL = colony forming units per one hundred
milliliters.
3
IMZM = inside mixing zone maximum; OMZM = outside mixing zone maximum; OMZA
= outside mixing zone average.
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3745-1-32 2
4
For dissolved oxygen, OMZM means outside mixing zone minimum at any time and
OMZA means outside mixing zone minimum daily average.
a
For the months of May to October, the maximum allowable level of fecal coliform bacteria
shall not exceed two hundred per one hundred ml as a monthly geometric mean based on
not less than five samples per month; nor exceed four hundred per one hundred ml in more
than ten per cent of all samples taken during the month. For the months of May to October,
measurements of Escherichia coli bacteria may be substituted for fecal coliform. Content
shall not exceed one hundred thirty per one hundred ml as a monthly geometric mean, based
on not less than five samples per month, nor exceed two hundred forty per one hundred ml
in any sample. For the months of November to April, the maximum allowable level of fecal
coliform bacteria shall not exceed two thousand per one hundred ml as a geometric mean
based on not less than five samples per month.Criterion applies for contact recreation during
the months of May through October and is expressed as a ninety-day geometric mean.
b
Criterion applies for contact recreation during the months of May through October and is
not to be exceeded in more than ten per cent of samples taken during any ninety-day period.
c
Criterion applies at all times and is expressed as a monthly geometric mean based on not
less than five samples per month. For the months of May through October, measurements
of E. coli bacteria may be substituted for fecal coliform.
bd
A minimum of 5.0 mg/l at any time shall be maintained during the April fifteen to June
fifteen spawning season.
ce
Gross total alpha particle activity (including radium-226, but excluding radon and
uranium) shall not exceed fifteen picocuries per liter (pci/l) and combined radium-226 and
radium-228 shall not exceed four pci/l. The concentration of total gross beta particle activity
shall not exceed fifty pci/l. The concentration of total strontium-90 shall not exceed eight
pci/l.
Table 32-2. Ohio river water quality criteria for the protection of human health.
OMZA3
Chloroform5 T µg/l 57 57
Copper TR µg/l -- --
2,4-Dinitrophenol T µg/l 10 10
Silver T µg/l 50 50
1
S = soluble; T = total; TR = total recoverable.
2
mg/l = milligrams per liter (parts per million); µg/l = micrograms per liter (parts per
billion); ng/l = nanograms per liter (parts per trillion); pg/l = picograms per liter (parts
per quadrillion); Mf/l = million fibers per liter.
3
OMZA = outside mixing zone average. Criteria in the "Intakes" column apply within
five hundred yards of drinking water intakes. Criteria in the "Elsewhere" column apply
at all other locations.
4
The criteria for this chemical apply to the sum of all dinitrophenols.
5
Criteria for this chemical are based on a carcinogenic endpoint.
6The criterion for this chemical applies to the sum of aldicarb, aldicarb sulfone and
aldicarb sulfoxide.
76
The criterion for this chemical applies to the sum of chloroacetic acid, dichloroacetic
acid and trichloroacetic acid.
87
The criteria for this chemical apply to the sum of alpha-endosulfan, beta-endosulfan
and endolsufan sulfate.
98
The criteria for this chemical apply to the sum of endrin and endrin aldehyde.
a
This criterion is the maximum contaminant level (MCL) developed under the "Safe
Drinking Water Act".
b
Equivalent 25°C specific conductance values are 1200 micromhos/cm as a maximum
and 800 micromhos/cm as a thirty-day average.
March 16 - 31 54 59
April 16 - 30 64 69
May 16 -31 75 80
October 16 - 31 72 77
Effective:
Certification
Date
Email: [email protected]
I. Rule Summary
1. Is this a five year rule review? Yes
This rule is being reviewed in order to comply with Ohio Revised Code secon 106.03
and the five year rule review.
7. Summarize the rule’s content, and if this is an amended rule, also summarize the
rule’s changes.
Rule 3745-1-32 contains the numerical water quality criteria for the protecon of
human health in the Ohio River Mainstem, meaning Naonal Pollutant Discharge
Eliminaon System (NPDES) dischargers that discharge directly to the Ohio River or
a direct tributary to the Ohio River. This rule contains the numerical values for the
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This rule has two values for each chemical, tled "intake" and "elsewhere." The intake
values apply within 500 yards of a public water supply intake and is the more stringent
value of: U.S. EPA's naonal recommended criteria updated in 2015, Ohio River Valley
Sanitaon Commission's (ORSANCO's) 2015 polluon control standards, and U.S. EPA's
maximum contaminant level (MCL). The elsewhere values apply everywhere except
for where the intake value applies, and is the more stringent of U.S. EPA's naonal
recommended criteria and ORSANCO's polluon control standards. Four chemicals
were deleted from this rule and three new chemicals were added to this rule. The
Ohio River temperature criteria were also updated to ORSANCO's 2015 temperature
criteria.
9. If the rule incorporates material by reference and the agency claims the material is
exempt pursuant to R.C. 121.71 to 121.76, please explain the basis for the exempon
and how an individual can find the referenced material.
This rule contains references to rules in the Ohio Administrave Code and federal acts,
both of which are exempt under ORC 121.71 to 121.74.
The Ohio Revised Code exempts IBR requirements that are found in ORC 121.71
through 121.74, if the IBR comes from one of the following Ohio government
references:
ORC, an uncodified Ohio statute, an act of the state in the Laws of Ohio, a rule in the
OAC, a rule in the Monthly Record, a rule in the Register of Ohio.
The following federal government references are also exempt from ORC 121.71
through 121.74, but must specify a date of the text being incorporated: the United
States Code, an uncodified federal statute, a regulaon from the Federal Register,
internal agency management rules, a rule that maintains authorizaon of a federally
delegated program, a rule required to receive federal funds under a federally funded
program, digital applicaons which do not establish policies, references that describe
federal administrave of legislave data, references that describe generally accepted
building codes, and references that are copyrighted materials where permission has
been obtained to use.
10. If revising or re-filing the rule, please indicate the changes made in the revised or re-
filed version of the rule.
No changes have been made to the originally filed rule as the result of the re-filing.
Page 3 Rule Number: 3745-1-32
$0
This rule would neither increase nor decrease expenditures for the Agency or the
State.
12. What are the esmated costs of compliance for all persons and/or organizaons
directly affected by the rule?
Ohio EPA has idenfied two potenal sources of addional cost to regulated enes –
costs due to treatment upgrades, and costs for more advanced chemical tesng. The
Agency does not believe that any significant treatment upgrades will be needed to
meet limits based on the new criteria. Therefore, no new cost.
Ensuring compliance with these lower numbers will require some dischargers to do
addional, low-level tesng for a few parameters. Ohio EPA projects that these new
costs will run from $0 - $400 per year per facility; the specific cost will depend on the
sampling frequency required by the permit, the number of discharge points tested
at the facility, and whether or not the facility is already using one or more of these
advanced analycal techniques.
13. Does the rule increase local government costs? (If yes, you must complete an RSFA
Part B). Yes
14. Does the rule regulate environmental protecon? (If yes, you must complete an RSFA
Part C). Yes
A. Does this rule require a license, permit, or any other prior authorizaon to
engage in or operate a line of business? No
Page 4 Rule Number: 3745-1-32
B. Does this rule impose a criminal penalty, a civil penalty, or another sancon,
or create a cause of acon, for failure to comply with its terms? No
2. Please esmate the total cost, in dollars, of compliance with the rule for the
affected local government(s). If you cannot give a dollar cost, explain how the local
government is financially impacted.
Ohio EPA has idenfied two potenal sources of addional cost to regulated enes –
costs due to treatment upgrades, and costs for more advanced chemical tesng. The
Agency does not believe that any significant treatment upgrades will be needed to
meet limits based on the new criteria. Therefore, no new cost.
Ensuring compliance with these lower numbers will require some dischargers to do
addional, low-level tesng for a few parameters. Ohio EPA projects that these new
costs will run from $0 - $400 per year per facility; the specific cost will depend on the
sampling frequency required by the permit, the number of discharge points tested
at the facility, and whether or not the facility is already using one or more of these
advanced analycal techniques.
A. If yes, does this rule do more than the federal government requires? No
B. If yes, what are the costs, in dollars, to the local government for the
regulaon that exceeds the federal government requirement?
Not Applicable
4. Please provide an esmated cost of compliance for the proposed rule if it has an
impact on the following:
A. Personnel Costs
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C. Operang Costs
E. Other Costs
5. Please explain how the local government(s) will be able to pay for the increased
costs associated with the rule.
The Agency does not ancipate that any facilies affected by these rule amendments
will need to change how they operate, maintain, and treat water in their facilies.
The only cost that has the potenal to be incurred by these enes is site specific
and depends on what pollutants the influent water contains. That being said, a cost of
$0 - $400 per facility per year is a relavely insignificant cost that a facility should be
able to absorb into their budget. The facilies should not have to raise rates or incur
a superfluous cost increase.
6. What will be the impact on economic development, if any, as the result of this rule?
(1) Consult with organizaons that represent polical subdivisions, environmental interests, business
interests, and other persons affected by the proposed rule or amendment.
(2) Consider documentaon relevant to the need for, the environmental benefits or consequences of,
other benefits of, and the technological feasibility of the proposed rule or rule amendment.
(3) Specifically idenfy whether the proposed rule or rule amendment is being adopted or amended to
enable the state to obtain or maintain approval to administer and enforce a federal environmental
law or to parcipate in a federal environmental program, whether the proposed rule or rule
amendment is more stringent than its federal counterpart, and, if the proposed rule or rule
amendment is more stringent, the raonale for not incorporang its federal counterpart.
(4) Include with the proposed rule or rule amendment and rule summary and fiscal analysis required to
be filed with the Joint Commiee on Agency Rule Review informaon relevant to the previously
listed requirements.
Ohio EPA invited interested pares to comment on the rule amendments during the
period of April 2, 2019 to May 2, 2019. Noce of the comment period was emailed to
approximately 4,000 interested pares. Ohio EPA also mailed leers to 153 dischargers
that may be impacted by this rule. Both lists of interested pares is available upon
request.
(B) Was documentaon that is relevant to the need for, the environmental benefits or
consequences of, other benefits of, and the technological feasibility of the proposed
rule or amendment considered? Yes
Please list the informaon provided and aach a copy of each piece of documentaon
to this form. (A SUMMARY OR INDEX MAY BE ATTACHED IN LIEU OF THE ACTUAL
DOCUMENTATION.)
Ohio River Valley Water Sanitaon Commission, Polluon Control Standards for
Discharges to the Ohio River, 2015 Revision.
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(C) Is the proposed rule or rule amendment being adopted or amended to enable the state
to obtain or maintain approval to administer and enforce a federal environmental law
or to parcipate in a federal environmental program? Yes
Is the proposed rule or rule amendment more stringent than its federal counterpart?
No Not Applicable
(D) If this is a rule amendment that is being adopted under a state statute that establishes
standards with which the amendment is to comply, is the proposed rule amendment
more stringent than the rule that it is proposing to amend? No
ACTION: Refiled DATE: 08/04/2020 9:05 AM
Regulation/Package Title: Water Quality Criteria for the Protection of Human Health
Rule Type:
New X 5-Year Review
X Amended Rescinded
The Common Sense Initiative was established by Executive Order 2011-01K and placed
within the Office of the Lieutenant Governor. Under the CSI Initiative, agencies should
balance the critical objectives of all regulations with the costs of compliance by the
regulated parties. Agencies should promote transparency, consistency, predictability, and
flexibility in regulatory activities. Agencies should prioritize compliance over punishment,
and to that end, should utilize plain language in the development of regulations.
Regulatory Intent
1. Please briefly describe the draft regulation in plain language.
Please include the key provisions of the regulation as well as any proposed amendments.
This rulemaking concerns the numeric water quality criteria for the protection of human
health in the Ohio River Mainstem, Ohio River Basin, and Lake Erie Basin.
The NPDES program prohibits discharges of pollutants from any point source (a discrete
conveyance such as a pipe or ditch) into the nation’s waters unless authorized under an
NPDES permit. The program gives U.S. EPA the authority to regulate discharges into the
nation’s waters by setting limits on the effluent that can be discharged to a body of water.
The NPDES program is closely intertwined with this rulemaking and is how we will quantify
the effect of these new numerical criteria in this analysis.
These rules are being updated to reflect the most recent human health numbers from U.S.
EPA’s 2015 updated chemical criteria, ORSANCO’s 2015 Pollution Control Standards
(PCS), and maximum contaminant levels (MCLs) promulgated under the Safe Drinking
Water Act.
2. Please list the Ohio statute authorizing the Agency to adopt this regulation.
Ohio Revised Code 6111.041.
-2-
4. If the regulation includes provisions not specifically required by the federal
government, please explain the rationale for exceeding the federal requirement.
Rule 3745-1-34 will be amended to apply maximum contaminant levels (MCLs) statewide.
MCLs are National Primary Drinking Water Regulations (NPDWRs) established by U.S.
EPA under the Safe Drinking Water Act (SDWA). NPDWRs are legally enforceable primary
standards and treatment techniques that apply to public water systems. Primary standards and
treatment techniques protect public health by limiting the levels of contaminants in drinking
water.
Ohio EPA’s Division of Drinking and Ground Water has also promulgated these MCLs into
regulations to cover drinking water and ground water. Ohio EPA Division of Surface Water
currently applies these MCLs only to the Ohio River basin and with this rulemaking
extending this protection statewide (to the Lake Erie basin). The Division of Surface Water is
promulgating these standards as a way to protect the treatment technology at the intakes of
the drinking water plants in the Lake Erie basin as well. This is an extension of the
applicability of the MCL to surface water within five hundred yards of an intake in the Lake
Erie basin, as Ohio’s drinking water supply is a very important resource. The extension of
these MCLs is a common sense regulatory change.
5. What is the public purpose for this regulation (i.e., why does the Agency feel that there
needs to be any regulation in this area at all)?
The CWA section 303(c)(2)(A) requires that water quality standards protect “public health or
welfare, enhance the quality of the water and serve the purposes of [the Act].” The CWA
section 101(a)(2) establishes as a national goal “water quality which provides for protection
and propagation of fish, shellfish, and wildlife, and recreation in and on the water, wherever
attainable.” 40 C.F.R. Part 131.11 specifies that states must adopt those water quality criteria
that protect the designated use. Such criteria must be based on sound scientific rationale and
must contain sufficient parameters or constituents to protect the designated use.
-3-
6. How will the Agency measure the success of this regulation in terms of outputs and/or
outcomes?
Success can be measured in two ways: 1) tracking various administrative milestones in the
programs that implement the water quality standards; and 2) monitoring the conditions of
streams, rivers and lakes over time. The NPDES permit program routinely provides data and
annual reports that describe the compliance performance of the regulated community. The
Agency sets targets for achieving compliance with permit terms and conditions.
As described in the response to question # 11 the water quality standards regulations are
performance based expectations regarding the quality of Ohio’s surface water. Ohio EPA
measures the success of the State’s overall pollution control efforts through biological and
chemical monitoring that determines whether or not a water body is attaining its designated
uses. The status or health of Ohio’s streams, rivers and lakes is reported every two years in
the Integrated Water Quality Monitoring and Assessment Report, which is available on Ohio
EPA’s website at: http://epa.ohio.gov/dsw/tmdl/OhioIntegratedReport.aspx.
8. What input was provided by the stakeholders, and how did that input affect the draft
regulation being proposed by the Agency?
The only feedback provided on these rules stated that Ohio EPA should adopt US EPA’s,
and/or ORSANCO’s updated criteria into rule.
-4-
9. What scientific data was used to develop the rule or the measurable outcomes of the
rule? How does this data support the regulation being proposed?
These numerical criteria were taken directly from U.S. EPA’s 2015 Updated Human Health
Criteria, U.S. EPA’s list of Maximum Contaminant Levels (also referred to as National
Primary Drinking Water Regulations), and ORSANCO’s 2015 Pollution Control Standards
update. Links to these documents are provided below.
https://www.epa.gov/wqc/national-recommended-water-quality-criteria-human-health-
criteria-table
https://www.epa.gov/ground-water-and-drinking-water/national-primary-drinking-water-
regulations
http://www.orsanco.org/programs/pollution-control-standards/
10. What alternative regulations (or specific provisions within the regulation) did the
Agency consider, and why did it determine that these alternatives were not
appropriate? If none, why didn’t the Agency consider regulatory alternatives?
The Agency reviewed revisions to the recommended federal water quality criteria and
ORSANCO’s pollution control standards (PCS) since the last review and determined that
revisions were necessary to bring consistency between state regulations, ORSANCO PCS,
and federal water quality criteria.
11. Did the Agency specifically consider a performance-based regulation? Please explain.
Performance-based regulations define the required outcome, but don’t dictate the process
the regulated stakeholders must use to achieve compliance.
Water quality standards function as a performance-based regulation because for each
beneficial use defined in the rules there are measurable water quality criteria for determining
if a water body meets its designated beneficial uses. Ohio’s water quality standards include
numeric criteria for many chemical substances to protect human health and aquatic life,
bacteria indicators to protect water based recreation and biological criteria used to gauge
attainment of certain aquatic life use designations.
The business community is affected by these standards when they are used to establish
conditions in permits that regulate how much pollution can be safely discharged into a
receiving stream. Any business that discharges pollutants to waters of the State must comply
with permits designed to ensure the standards are met. The Agency does not specify the
technology that must be used to comply with permits.
-5-
12. What measures did the Agency take to ensure that this regulation does not duplicate an
existing Ohio regulation?
Ohio EPA is the delegated state agency for the water quality standards program. Only a
review of existing Ohio EPA rules was necessary, and no duplication was found.
13. Please describe the Agency’s plan for implementation of the regulation, including any
measures to ensure that the regulation is applied consistently and predictably for the
regulated community.
The Agency will put the effective date of the adopted rules three months out from the date of
adoption, which provides for U.S. EPA’s review and approval and gives the Agency time to
update web pages.
-6-
a multitude of factors and may not always be directly correlated to this specific type
water quality criterion, therefore the impact on stakeholders is somewhat varied and
difficult to estimate.
a. The impacted business community primarily includes those regulated through the
NPDES program.
Existing NPDES permit dischargers with current effluent limits for the draft criteria
that could have the potential to be negatively affected by the adoption of these rules
were notified by mail that these rules are available for comment.
b. There is no cost directly associated with these amended rules. However, the cost
associated with implementing these water quality criteria through the NPDES
program will vary widely based on factors such as volume of wastewater treated,
complexity of treatment system, stringency of the effluent limitations, effluent
monitoring requirements, and treatment technology installed at the point source. Most
facilities should not be impacted by these updated water quality criteria, but if a
discharger receives a more stringent permit limit or a permit limit for a new chemical,
or additional monitoring requirements, the nature of the adverse impact may include
the treatment of the wastewater, any cost to maintain or operate the equipment,
sampling, and time for paperwork completion.
c. As previously stated, there is no cost directly associated with these rule updates,
however there may be cost associated with the implementation of these water quality
criteria. The cost of compliance with these rules for a facility is site specific and will
vary greatly based on the type of treatment, the amount of sludge generated, amount
of water discharged, the types of samples and the amount of sampling required, and
the amount of treatment that would be required to satisfy the limitations. Most
facilities should not be impacted by these updated water quality criteria, but if a
discharger receives a more stringent permit limit or a permit limit for a new criterion,
the nature of the adverse impact may include the treatment of the wastewater, any
cost to maintain or operate the equipment, sampling, and time for paperwork
completion.
If a revision to a permittee’s effluent limitations due to these water quality criteria is
necessary upon permit renewal, the Agency will include a schedule of compliance in
the permit to allow the permittee the time to plan and construct or modify any
necessary treatment to comply with the NPDES permit.
15. Why did the Agency determine that the regulatory intent justifies the adverse impact to
the regulated business community?
-7-
The water quality standards program and these draft rule revisions are the primary means of
ensuring that the quality of water in Ohio’s streams, rivers and lakes is improved, maintained
and remains suitable for swimming, drinking and fishing. The basic goal of meeting all
numeric and narrative criteria established under the CWA is the normal requirement
mandated by federal regulations. Deviation from that expectation is allowed in only a
handful of extraordinary circumstances, one of which is imposition of widespread social and
economic impact. Thus, it is incumbent upon states to establish the proper balance between
the water quality goals and the costs to society of attaining those goals. The Agency believes
the draft rules are supported by the need to protect public health, safety, and the environment.
Regulatory Flexibility
16. Does the regulation provide any exemptions or alternative means of compliance for
small businesses? Please explain.
With regard to the implementation programs impacted by this rulemaking, the regulations do
not provide exemptions for small businesses. Corresponding federal regulations and the Ohio
Revised Code do not provide for exemptions or alternative means of compliance for any
permittees. The regulations are applied evenly regardless of the size of the treatment works.
Smaller facilities are typically required to sample less frequently, which will cost them less
money.
17. How will the agency apply Ohio Revised Code section 119.14 (waiver of fines and
penalties for paperwork violations and first-time offenders) into implementation of the
regulation?
The first time paperwork violation waiver is not applicable to this rule package. The rules in
OAC Chapter 3745-1 contain standards for CWA permitting programs to enforce. No
paperwork or permits are required by the standards themselves.
18. What resources are available to assist small businesses with compliance of the
regulation?
• Ohio EPA Division of Environmental and Financial Assistance’s Office of Compliance
Assistance and Pollution Prevention (OCAPP) is a non-regulatory program that provides
information and resources to help small businesses comply with environmental regulations.
OCAPP also helps customers identify and implement pollution prevention measures that can
save money, increase business performance and benefit the environment. Services of the
office include a toll-free hotline, on-site compliance and pollution prevention assessments,
workshops/training, plain-English publications library and assistance in completing permit
-8-
application forms. Additional information is available at:
http://epa.ohio.gov/ocapp/ComplianceAssistanceandPollutionPrevention.aspx
• Ohio EPA also has a Customer Support Center web page
(https://ohioepa.custhelp.com/app/home/session/L3RpbWUvMTQ0NTg2NTYzNi9zaWQvX
1hTRkZWem0%3D) that contains links to several items to help businesses navigate the
permit process, including the Permit Wizard, Frequently Asked Questions (FAQ), training
and subscription to various program listservs.
• Ohio EPA maintains the Compliance Assistance Hotline 800-329-7518, weekdays from
8:00 a.m. to 5:00 p.m.
• Ohio EPA, Division of Environmental and Financial Assistance’s Compliance Assistance
Unit provides technical support to small (less than 0.5 million gallons per day) wastewater
treatment plants. Additional information is available at:
http://epa.ohio.gov/dsw/compl_assist/compasst.aspx
• U.S. EPA Small Business Gateway also has information on environmental regulations for
small businesses available at: http://www.epa.gov/smallbusiness/ and a Small Business
Ombudsman Hotline 800-368-5888.
• U.S. EPA’s Water Quality Standards Handbook, Second Edition available at:
http://water.epa.gov/scitech/swguidance/standards/handbook/index.cfm.
• U.S. EPA’s Policy and Guidance: Reference Library contains an index of EPA documents
related to water quality standards, including those referenced in the WQS Handbook. You
can sort the index alphabetically, by publication date, or by topic. Available at:
http://water.epa.gov/scitech/swguidance/standards/library/index.cfm.
• The Division of Surface Water’s Water Quality Standards program web page contains
background information and direct links to sections of the regulations. Additional
information is available at: http://epa.ohio.gov/dsw/wqs/index.aspx.
-9-
ACTION: Original DATE: 10/30/2019 9:09 AM
(1) The chemical specific criteria listed in table 33-1 of this rule, or site-specific
modifications thereof, apply as "Outside Mixing Zone Averages" and shall
apply to all water bodies located within five hundred yards of drinking water
intakes. For the purpose of setting water quality based effluent limits, these
criteria shall be met after the effluent and the receiving water are reasonably
well mixed as provided in rules 3745-1-06 and 3745-2-05 of the Administrative
Code.
(2) Water bodies located within the Ohio river drainage basin. Any methodologies and
procedures acceptable under 40 C.F.R. 131 may be used when developing or
revising human health water quality criteria or implementing narrative criteria
contained in rule 3745-1-04 of the Administrative Code. For any pollutant for
which it is demonstrated that a methodology or procedure cited in this rule is
not scientifically defensible, the director may apply an alternative methodology
or procedure acceptable under 40 C.F.R. 131 when developing water quality
criteria.
(3) Water bodies located within the lake Erie drainage basin. The methodologies
contained in rules 3745-1-41 and 3745-1-42 of the Administrative Code shall
be used when adopting or revising numeric human health criteria and when
implementing the narrative water quality criteria contained in rule 3745-1-04
of the Administrative Code. For pollutants listed in table 33-2 of this rule,
any methodologies and procedures acceptable under 40 C.F.R. 131 may be
used when developing water quality criteria or implementing narrative criteria.
For any pollutant other than those in table 33-2 of this rule, for which it
is demonstrated that a methodology or procedure cited in this rule is not
scientifically defensible, the director may apply an alternative methodology
or procedure acceptable under 40 C.F.R. 131 when developing water quality
criteria.
Table 33-1. Water quality criteria for the protection of human health [public water supply].
OMZA3
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3745-1-33 2
Chloroform5 T µg/l 57
2,3,7,8-Tetrachlorodibenzo-p-dioxin5 T pg/ -8
0.135.0*100.00865.0*10 -8
lµg/l
1
S = soluble; T = total; TR = total recoverable.
2
mg/l = milligrams per liter (parts per million); µg/l = micrograms per
liter (parts per billion); ng/l = nanograms per liter (parts per trillion); pg/l =
picograms per liter (parts per quadrillion); Mf/l = million fibers per liter.
3
OMZA = outside mixing zone average.
4
The criteria for this chemical apply to the sum of all dinitrophenols.
5
Criteria for this chemical are based on a carcinogenic endpoint.
6
The criterion for this chemical applies to the sum of aldicarb, aldicarb sulfone
and aldicarb sulfoxide.
76
The criterion for this chemical applies to the sum of chloroacetic acid,
dichloroacetic acid and trichloroacetic acid.
87
The criteria for this chemical apply to the sum of alpha-endosulfan, beta-
endosulfan and endosulfan sulfate.
98
The criteria for this chemical apply to the sum of endrin and endrin aldehyde.
a
This criterion is the maximum contaminant level (MCL) developed under the
"Safe Drinking Water Act".
b
Equivalent 25ºC specific conductance values are 1200 micromhos/cm as a
maximum and 800 micromhos/cm as a thirty day average.
Table 33-2. Pollutants subject to any methodologies and procedures acceptable under 40
C.F.R. 131 for water bodies located in the lake Erie drainage basin.
Alkalinity
Ammonia
Bacteria
Chlorine
Color
3745-1-33 10
Dissolved oxygen
Dissolved solids
pH
Phosphorus
Salinity
Temperature
Turbidity
(1) The chemical-specific criteria listed in table 33-3 of this rule apply as "Outside
Mixing Zone Averages." For the purpose of setting water quality based effluent
limits, the criteria shall be met after the effluent and the receiving water are
reasonably well mixed as provided in rules 3745-1-06 and 3745-2-05 of the
Administrative Code.
(2) The water quality criteria for the protection of agricultural uses, or site-specific
modifications thereof, adopted in, or developed pursuant to, this rule shall apply
outside the mixing zone to all water bodies assigned the agricultural water
supply use designation.
(3) For any pollutant in table 33-3 of this rule for which it is demonstrated that a
methodology or procedure cited in this chapter is not scientifically defensible,
the director may apply an alternative methodology or procedure acceptable
under 40 C.F.R. 131 when developing water quality criteria.
Table 33-3. Statewide water quality criteria for the protection of agricultural uses.
Cadmium TR µg/l 50
3745-1-33 11
Mercury TR µg/l 10
Selenium TR µg/l 50
1
T = total; TR = total recoverable.
2
mg/l = milligrams per liter (parts per million); µg/l = micrograms per liter
(parts per billion).
3
OMZA = outside mixing zone average.
3745-1-33 12
Effective:
Certification
Date
Rule Title/Tagline: Water quality criteria for water supply use designaons.
Email: [email protected]
I. Rule Summary
1. Is this a five year rule review? Yes
To comply with ORC 106.03 and the Five Year Rule Review.
7. Summarize the rule’s content, and if this is an amended rule, also summarize the
rule’s changes.
This rule contains the numerical water quality criteria for the protecon of human
health within 500 yards of a public water supply intake in both the Ohio River basin and
the Lake Erie basin, meaning NPDES dischargers that discharge in the Ohio River basin
or the Lake Erie basin, not directly to the Ohio River. This rule contains the numerical
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Page 2 Rule Number: 3745-1-33
values for the maximum concentraon of a pollutant in given body of water, and is
fundamentally different than a permit limit through the NPDES program.
This rule has two values for each chemical, tled "Ohio River" and "Lake Erie." Again,
all of the numerical values in this rule are public water supply (drinking water) values,
which apply within 500 yards of a public water supply intake. The value in the Ohio
River basin column is the more stringent value of: U.S. EPA's naonal recommended
criteria updated in 2015, Ohio River Valley Sanitaon Commission's (ORSANCO's) 2015
polluon control standards, and U.S. EPA's maximum contaminant level (MCL) which
are protecve of the treatment system at the intake. The few values in the Lake Erie
column is the more stringent of U.S. EPA's MCL, and U.S. EPA's naonal recommended
criteria value, but only if that value is more stringent than the number that Ohio EPA
was specifically required to adopt by with Great Lake Iniave (40 C.F.R. Part 132).
Three chemicals were deleted from this rule and two new chemicals were added to
this rule.
9. If the rule incorporates material by reference and the agency claims the material is
exempt pursuant to R.C. 121.71 to 121.76, please explain the basis for the exempon
and how an individual can find the referenced material.
This rule contains references to rules in the Ohio Administrave Code, the Code of
Federal Regulaons, and federal acts, all of which are exempt under ORC 121.71 to
121.74.
The Ohio Revised Code exempts IBR requirements that are found in ORC 121.71
through 121.74, if the IBR comes from one of the following Ohio government
references:
ORC, an uncodified Ohio statute, an act of the state in the Laws of Ohio, a rule in the
OAC, a rule in the Monthly Record, a rule in the Register of Ohio.
The following federal government references are also exempt from ORC 121.71
through 121.74, but must specify a date of the text being incorporated: the United
States Code, an uncodified federal statute, a regulaon from the Federal Register,
internal agency management rules, a rule that maintains authorizaon of a federally
delegated program, a rule required to receive federal funds under a federally funded
program, digital applicaons which do not establish policies, references that describe
federal administrave of legislave data, references that describe generally accepted
building codes, and references that are copyrighted materials where permission has
been obtained to use.
Page 3 Rule Number: 3745-1-33
10. If revising or re-filing the rule, please indicate the changes made in the revised or re-
filed version of the rule.
No changes have been made to the originally filed rule as the result of the re-filing.
11/19/2019 Changed the units for the pentachlorophenol criteria from "mg/l" to "ug/
l" and changes the Lake Erie criteria from 0.001 to 1.0.
$0
This rule would neither increase nor decrease expenditures for the Agency or the
State.
12. What are the esmated costs of compliance for all persons and/or organizaons
directly affected by the rule?
Ohio EPA has idenfied two potenal sources of addional cost to regulated enes –
costs due to treatment upgrades, and costs for more advanced chemical tesng. The
Agency does not believe that any significant treatment upgrades will be needed to
meet limits based on the new criteria. Therefore, no new cost.
Ensuring compliance with these lower numbers will require some dischargers to do
addional, low-level tesng for a few parameters. Ohio EPA projects that these new
costs will run from $0 - $400 per year per facility; the specific cost will depend on the
sampling frequency required by the permit, the number of discharge points tested
at the facility, and whether or not the facility is already using one or more of these
advanced analycal techniques.
13. Does the rule increase local government costs? (If yes, you must complete an RSFA
Part B). Yes
14. Does the rule regulate environmental protecon? (If yes, you must complete an RSFA
Part C). Yes
Page 4 Rule Number: 3745-1-33
A. Does this rule require a license, permit, or any other prior authorizaon to
engage in or operate a line of business? No
B. Does this rule impose a criminal penalty, a civil penalty, or another sancon,
or create a cause of acon, for failure to comply with its terms? No
2. Please esmate the total cost, in dollars, of compliance with the rule for the
affected local government(s). If you cannot give a dollar cost, explain how the local
government is financially impacted.
Ohio EPA has idenfied two potenal sources of addional cost to regulated enes –
costs due to treatment upgrades, and costs for more advanced chemical tesng. The
Agency does not believe that any significant treatment upgrades will be needed to
meet limits based on the new criteria. Therefore, no new cost.
Ensuring compliance with these lower numbers will require some dischargers to do
addional, low-level tesng for a few parameters. Ohio EPA projects that these new
costs will run from $0 - $400 per year per facility; the specific cost will depend on the
sampling frequency required by the permit, the number of discharge points tested
at the facility, and whether or not the facility is already using one or more of these
advanced analycal techniques.
A. If yes, does this rule do more than the federal government requires? No
B. If yes, what are the costs, in dollars, to the local government for the
regulaon that exceeds the federal government requirement?
Not Applicable
4. Please provide an esmated cost of compliance for the proposed rule if it has an
impact on the following:
A. Personnel Costs
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Page B-2 Rule Number: 3745-1-33
C. Operang Costs
E. Other Costs
5. Please explain how the local government(s) will be able to pay for the increased
costs associated with the rule.
The Agency does not ancipate that any facilies affected by these rule amendments
will need to change how they operate, maintain, and treat water in their facilies.
The only cost that has the potenal to be incurred by these enes is site specific
and depends on what pollutants the influent water contains. That being said, a cost of
$0 - $400 per facility per year is a relavely insignificant cost that a facility should be
able to absorb into their budget. The facilies should not have to raise rates or incur
a superfluous cost increase.
6. What will be the impact on economic development, if any, as the result of this rule?
(1) Consult with organizaons that represent polical subdivisions, environmental interests, business
interests, and other persons affected by the proposed rule or amendment.
(2) Consider documentaon relevant to the need for, the environmental benefits or consequences of,
other benefits of, and the technological feasibility of the proposed rule or rule amendment.
(3) Specifically idenfy whether the proposed rule or rule amendment is being adopted or amended to
enable the state to obtain or maintain approval to administer and enforce a federal environmental
law or to parcipate in a federal environmental program, whether the proposed rule or rule
amendment is more stringent than its federal counterpart, and, if the proposed rule or rule
amendment is more stringent, the raonale for not incorporang its federal counterpart.
(4) Include with the proposed rule or rule amendment and rule summary and fiscal analysis required to
be filed with the Joint Commiee on Agency Rule Review informaon relevant to the previously
listed requirements.
Ohio EPA invited interested pares to comment on the rule amendments during the
period of April 2, 2019 to May 2, 2019. Noce of the comment period was emailed to
approximately 4,000 interested pares. Ohio EPA also mailed leers to 153 dischargers
that may be impacted by this rule. Both lists of interested pares is available upon
request.
(B) Was documentaon that is relevant to the need for, the environmental benefits or
consequences of, other benefits of, and the technological feasibility of the proposed
rule or amendment considered? Yes
Please list the informaon provided and aach a copy of each piece of documentaon
to this form. (A SUMMARY OR INDEX MAY BE ATTACHED IN LIEU OF THE ACTUAL
DOCUMENTATION.)
Ohio River Valley Water Sanitaon Commission, Polluon Control Standards for
Discharges to the Ohio River, 2015 Revision.
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Page C-2 Rule Number: 3745-1-33
40 CFR 132 Water Quality Guidance for the Great Lakes System
(C) Is the proposed rule or rule amendment being adopted or amended to enable the state
to obtain or maintain approval to administer and enforce a federal environmental law
or to parcipate in a federal environmental program? Yes
Is the proposed rule or rule amendment more stringent than its federal counterpart?
No Not Applicable
(D) If this is a rule amendment that is being adopted under a state statute that establishes
standards with which the amendment is to comply, is the proposed rule amendment
more stringent than the rule that it is proposing to amend? No
ACTION: Refiled DATE: 08/04/2020 9:05 AM
Regulation/Package Title: Water Quality Criteria for the Protection of Human Health
Rule Type:
New X 5-Year Review
X Amended Rescinded
The Common Sense Initiative was established by Executive Order 2011-01K and placed
within the Office of the Lieutenant Governor. Under the CSI Initiative, agencies should
balance the critical objectives of all regulations with the costs of compliance by the
regulated parties. Agencies should promote transparency, consistency, predictability, and
flexibility in regulatory activities. Agencies should prioritize compliance over punishment,
and to that end, should utilize plain language in the development of regulations.
Regulatory Intent
1. Please briefly describe the draft regulation in plain language.
Please include the key provisions of the regulation as well as any proposed amendments.
This rulemaking concerns the numeric water quality criteria for the protection of human
health in the Ohio River Mainstem, Ohio River Basin, and Lake Erie Basin.
The NPDES program prohibits discharges of pollutants from any point source (a discrete
conveyance such as a pipe or ditch) into the nation’s waters unless authorized under an
NPDES permit. The program gives U.S. EPA the authority to regulate discharges into the
nation’s waters by setting limits on the effluent that can be discharged to a body of water.
The NPDES program is closely intertwined with this rulemaking and is how we will quantify
the effect of these new numerical criteria in this analysis.
These rules are being updated to reflect the most recent human health numbers from U.S.
EPA’s 2015 updated chemical criteria, ORSANCO’s 2015 Pollution Control Standards
(PCS), and maximum contaminant levels (MCLs) promulgated under the Safe Drinking
Water Act.
2. Please list the Ohio statute authorizing the Agency to adopt this regulation.
Ohio Revised Code 6111.041.
-2-
4. If the regulation includes provisions not specifically required by the federal
government, please explain the rationale for exceeding the federal requirement.
Rule 3745-1-34 will be amended to apply maximum contaminant levels (MCLs) statewide.
MCLs are National Primary Drinking Water Regulations (NPDWRs) established by U.S.
EPA under the Safe Drinking Water Act (SDWA). NPDWRs are legally enforceable primary
standards and treatment techniques that apply to public water systems. Primary standards and
treatment techniques protect public health by limiting the levels of contaminants in drinking
water.
Ohio EPA’s Division of Drinking and Ground Water has also promulgated these MCLs into
regulations to cover drinking water and ground water. Ohio EPA Division of Surface Water
currently applies these MCLs only to the Ohio River basin and with this rulemaking
extending this protection statewide (to the Lake Erie basin). The Division of Surface Water is
promulgating these standards as a way to protect the treatment technology at the intakes of
the drinking water plants in the Lake Erie basin as well. This is an extension of the
applicability of the MCL to surface water within five hundred yards of an intake in the Lake
Erie basin, as Ohio’s drinking water supply is a very important resource. The extension of
these MCLs is a common sense regulatory change.
5. What is the public purpose for this regulation (i.e., why does the Agency feel that there
needs to be any regulation in this area at all)?
The CWA section 303(c)(2)(A) requires that water quality standards protect “public health or
welfare, enhance the quality of the water and serve the purposes of [the Act].” The CWA
section 101(a)(2) establishes as a national goal “water quality which provides for protection
and propagation of fish, shellfish, and wildlife, and recreation in and on the water, wherever
attainable.” 40 C.F.R. Part 131.11 specifies that states must adopt those water quality criteria
that protect the designated use. Such criteria must be based on sound scientific rationale and
must contain sufficient parameters or constituents to protect the designated use.
-3-
6. How will the Agency measure the success of this regulation in terms of outputs and/or
outcomes?
Success can be measured in two ways: 1) tracking various administrative milestones in the
programs that implement the water quality standards; and 2) monitoring the conditions of
streams, rivers and lakes over time. The NPDES permit program routinely provides data and
annual reports that describe the compliance performance of the regulated community. The
Agency sets targets for achieving compliance with permit terms and conditions.
As described in the response to question # 11 the water quality standards regulations are
performance based expectations regarding the quality of Ohio’s surface water. Ohio EPA
measures the success of the State’s overall pollution control efforts through biological and
chemical monitoring that determines whether or not a water body is attaining its designated
uses. The status or health of Ohio’s streams, rivers and lakes is reported every two years in
the Integrated Water Quality Monitoring and Assessment Report, which is available on Ohio
EPA’s website at: http://epa.ohio.gov/dsw/tmdl/OhioIntegratedReport.aspx.
8. What input was provided by the stakeholders, and how did that input affect the draft
regulation being proposed by the Agency?
The only feedback provided on these rules stated that Ohio EPA should adopt US EPA’s,
and/or ORSANCO’s updated criteria into rule.
-4-
9. What scientific data was used to develop the rule or the measurable outcomes of the
rule? How does this data support the regulation being proposed?
These numerical criteria were taken directly from U.S. EPA’s 2015 Updated Human Health
Criteria, U.S. EPA’s list of Maximum Contaminant Levels (also referred to as National
Primary Drinking Water Regulations), and ORSANCO’s 2015 Pollution Control Standards
update. Links to these documents are provided below.
https://www.epa.gov/wqc/national-recommended-water-quality-criteria-human-health-
criteria-table
https://www.epa.gov/ground-water-and-drinking-water/national-primary-drinking-water-
regulations
http://www.orsanco.org/programs/pollution-control-standards/
10. What alternative regulations (or specific provisions within the regulation) did the
Agency consider, and why did it determine that these alternatives were not
appropriate? If none, why didn’t the Agency consider regulatory alternatives?
The Agency reviewed revisions to the recommended federal water quality criteria and
ORSANCO’s pollution control standards (PCS) since the last review and determined that
revisions were necessary to bring consistency between state regulations, ORSANCO PCS,
and federal water quality criteria.
11. Did the Agency specifically consider a performance-based regulation? Please explain.
Performance-based regulations define the required outcome, but don’t dictate the process
the regulated stakeholders must use to achieve compliance.
Water quality standards function as a performance-based regulation because for each
beneficial use defined in the rules there are measurable water quality criteria for determining
if a water body meets its designated beneficial uses. Ohio’s water quality standards include
numeric criteria for many chemical substances to protect human health and aquatic life,
bacteria indicators to protect water based recreation and biological criteria used to gauge
attainment of certain aquatic life use designations.
The business community is affected by these standards when they are used to establish
conditions in permits that regulate how much pollution can be safely discharged into a
receiving stream. Any business that discharges pollutants to waters of the State must comply
with permits designed to ensure the standards are met. The Agency does not specify the
technology that must be used to comply with permits.
-5-
12. What measures did the Agency take to ensure that this regulation does not duplicate an
existing Ohio regulation?
Ohio EPA is the delegated state agency for the water quality standards program. Only a
review of existing Ohio EPA rules was necessary, and no duplication was found.
13. Please describe the Agency’s plan for implementation of the regulation, including any
measures to ensure that the regulation is applied consistently and predictably for the
regulated community.
The Agency will put the effective date of the adopted rules three months out from the date of
adoption, which provides for U.S. EPA’s review and approval and gives the Agency time to
update web pages.
-6-
a multitude of factors and may not always be directly correlated to this specific type
water quality criterion, therefore the impact on stakeholders is somewhat varied and
difficult to estimate.
a. The impacted business community primarily includes those regulated through the
NPDES program.
Existing NPDES permit dischargers with current effluent limits for the draft criteria
that could have the potential to be negatively affected by the adoption of these rules
were notified by mail that these rules are available for comment.
b. There is no cost directly associated with these amended rules. However, the cost
associated with implementing these water quality criteria through the NPDES
program will vary widely based on factors such as volume of wastewater treated,
complexity of treatment system, stringency of the effluent limitations, effluent
monitoring requirements, and treatment technology installed at the point source. Most
facilities should not be impacted by these updated water quality criteria, but if a
discharger receives a more stringent permit limit or a permit limit for a new chemical,
or additional monitoring requirements, the nature of the adverse impact may include
the treatment of the wastewater, any cost to maintain or operate the equipment,
sampling, and time for paperwork completion.
c. As previously stated, there is no cost directly associated with these rule updates,
however there may be cost associated with the implementation of these water quality
criteria. The cost of compliance with these rules for a facility is site specific and will
vary greatly based on the type of treatment, the amount of sludge generated, amount
of water discharged, the types of samples and the amount of sampling required, and
the amount of treatment that would be required to satisfy the limitations. Most
facilities should not be impacted by these updated water quality criteria, but if a
discharger receives a more stringent permit limit or a permit limit for a new criterion,
the nature of the adverse impact may include the treatment of the wastewater, any
cost to maintain or operate the equipment, sampling, and time for paperwork
completion.
If a revision to a permittee’s effluent limitations due to these water quality criteria is
necessary upon permit renewal, the Agency will include a schedule of compliance in
the permit to allow the permittee the time to plan and construct or modify any
necessary treatment to comply with the NPDES permit.
15. Why did the Agency determine that the regulatory intent justifies the adverse impact to
the regulated business community?
-7-
The water quality standards program and these draft rule revisions are the primary means of
ensuring that the quality of water in Ohio’s streams, rivers and lakes is improved, maintained
and remains suitable for swimming, drinking and fishing. The basic goal of meeting all
numeric and narrative criteria established under the CWA is the normal requirement
mandated by federal regulations. Deviation from that expectation is allowed in only a
handful of extraordinary circumstances, one of which is imposition of widespread social and
economic impact. Thus, it is incumbent upon states to establish the proper balance between
the water quality goals and the costs to society of attaining those goals. The Agency believes
the draft rules are supported by the need to protect public health, safety, and the environment.
Regulatory Flexibility
16. Does the regulation provide any exemptions or alternative means of compliance for
small businesses? Please explain.
With regard to the implementation programs impacted by this rulemaking, the regulations do
not provide exemptions for small businesses. Corresponding federal regulations and the Ohio
Revised Code do not provide for exemptions or alternative means of compliance for any
permittees. The regulations are applied evenly regardless of the size of the treatment works.
Smaller facilities are typically required to sample less frequently, which will cost them less
money.
17. How will the agency apply Ohio Revised Code section 119.14 (waiver of fines and
penalties for paperwork violations and first-time offenders) into implementation of the
regulation?
The first time paperwork violation waiver is not applicable to this rule package. The rules in
OAC Chapter 3745-1 contain standards for CWA permitting programs to enforce. No
paperwork or permits are required by the standards themselves.
18. What resources are available to assist small businesses with compliance of the
regulation?
• Ohio EPA Division of Environmental and Financial Assistance’s Office of Compliance
Assistance and Pollution Prevention (OCAPP) is a non-regulatory program that provides
information and resources to help small businesses comply with environmental regulations.
OCAPP also helps customers identify and implement pollution prevention measures that can
save money, increase business performance and benefit the environment. Services of the
office include a toll-free hotline, on-site compliance and pollution prevention assessments,
workshops/training, plain-English publications library and assistance in completing permit
-8-
application forms. Additional information is available at:
http://epa.ohio.gov/ocapp/ComplianceAssistanceandPollutionPrevention.aspx
• Ohio EPA also has a Customer Support Center web page
(https://ohioepa.custhelp.com/app/home/session/L3RpbWUvMTQ0NTg2NTYzNi9zaWQvX
1hTRkZWem0%3D) that contains links to several items to help businesses navigate the
permit process, including the Permit Wizard, Frequently Asked Questions (FAQ), training
and subscription to various program listservs.
• Ohio EPA maintains the Compliance Assistance Hotline 800-329-7518, weekdays from
8:00 a.m. to 5:00 p.m.
• Ohio EPA, Division of Environmental and Financial Assistance’s Compliance Assistance
Unit provides technical support to small (less than 0.5 million gallons per day) wastewater
treatment plants. Additional information is available at:
http://epa.ohio.gov/dsw/compl_assist/compasst.aspx
• U.S. EPA Small Business Gateway also has information on environmental regulations for
small businesses available at: http://www.epa.gov/smallbusiness/ and a Small Business
Ombudsman Hotline 800-368-5888.
• U.S. EPA’s Water Quality Standards Handbook, Second Edition available at:
http://water.epa.gov/scitech/swguidance/standards/handbook/index.cfm.
• U.S. EPA’s Policy and Guidance: Reference Library contains an index of EPA documents
related to water quality standards, including those referenced in the WQS Handbook. You
can sort the index alphabetically, by publication date, or by topic. Available at:
http://water.epa.gov/scitech/swguidance/standards/library/index.cfm.
• The Division of Surface Water’s Water Quality Standards program web page contains
background information and direct links to sections of the regulations. Additional
information is available at: http://epa.ohio.gov/dsw/wqs/index.aspx.
-9-
ACTION: Original DATE: 10/30/2019 9:09 AM
3745-1-34 Water quality criteria for the protection of human health [fish
consumption].
(A) The chemical specific criteria listed in table 34-1 of this rule, or site-specific
modifications thereof, apply as "Outside Mixing Zone Averages" and shall apply to
all water bodies. For the purpose of setting water quality based effluent limits, these
criteria shall be met after the effluent and the receiving water are reasonably well
mixed as provided in rules 3745-1-06 and 3745-2-05 of the Administrative Code.
(B) Water bodies located within the Ohio river drainage basin. Any methodologies
and procedures acceptable under 40 C.F.R. 131 may be used when developing
or revising human health water quality criteria or implementing narrative criteria
contained in rule 3745-1-04 of the Administrative Code. For any pollutant for
which it is demonstrated that a methodology or procedure cited in this rule is
not scientifically defensible, the director may apply an alternative methodology or
procedure acceptable under 40 C.F.R. 131 when developing water quality criteria.
(C) Water bodies located within the lake Erie drainage basin. The methodologies contained
in rules 3745-1-41 and 3745-1-42 of the Administrative Code shall be used when
adopting or revising numeric human health criteria and when implementing the
narrative water quality criteria contained in rule 3745-1-04 of the Administrative
Code. For pollutants listed in table 34-2 of this rule, any methodologies and
procedures acceptable under 40 C.F.R. 131 may be used when developing water
quality criteria or implementing narrative criteria. For any pollutant other than those
in table 33-2 of this rule, for which it is demonstrated that a methodology or procedure
cited in this rule is not scientifically defensible, the director may apply an alternative
methodology or procedure acceptable under 40 C.F.R. 131 when developing water
quality criteria.
Table 34-1. Water quality criteria for the protection of human health [fish consumption].
OMZA3
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3745-1-34 2
1
S = soluble; T = total; TR = total recoverable.
3745-1-34 7
2
mg/l = milligrams per liter (parts per million); µg/l = micrograms per liter (parts per
billion); pg/l = picograms per liter (parts per quadrillion).
3
OMZA = outside mixing zone average.
4
The criteria for this chemical apply to the sum of all dinitrophenols.
5
Criteria for this chemical are based on a carcinogenic endpoint.
6
The criteria for this chemical apply to the sum of alpha-endosulfan, beta-endosulfan
and endosulfan sulfate.
7
The criteria for this chemical apply to the sum of endrin and endrin aldehyde.
Table 34-2. Pollutants subject to any methodologies and procedures acceptable under 40
C.F.R. 131 for water bodies located in the lake Erie drainage basin.
Alkalinity
Ammonia
Bacteria
Chlorine
Color
Dissolved oxygen
Dissolved solids
pH
Phosphorus
Salinity
Temperature
Turbidity
3745-1-34 8
Effective:
Certification
Date
Rule Title/Tagline: Water quality criteria for the protecon of human health [fish
consumpon].
Email: [email protected]
I. Rule Summary
1. Is this a five year rule review? Yes
This rule is being reviewed in order to comply with Ohio Revised Code secon 106.03
and the five year rule review.
7. Summarize the rule’s content, and if this is an amended rule, also summarize the
rule’s changes.
This rule contains the one route exposure (fish consumpon only) numerical water
quality criteria for the protecon of human health in the Ohio River basin and the Lake
Erie basin.
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Page 2 Rule Number: 3745-1-34
This rule contains the numerical values for the maximum concentraon of a pollutant
in given body of water, and is fundamentally different than a permit limit through the
NPDES program.
This rule has two values for each chemical, tled "Ohio River" and "Lake Erie." All of the
numerical values in this rule are fish consumpon only values (one route exposure),
meaning that the amount of water humans drink is not factored into these values at
all, and is solely based on the consumpon of fish. The values in the Ohio River basin
column are directly from U.S. EPA's 2015 Human Health update. The few values in the
Lake Erie column are numbers that Ohio EPA was specifically required to adopt by the
Great Lakes Iniave (40 CFR Part 132), however if a value has been struck through and
replaced in this column, it is again from U.S. EPA's 2015 update. These GLI values were
only replaced if they were less stringent than U.S. EPA's new human health criteria.
9. If the rule incorporates material by reference and the agency claims the material is
exempt pursuant to R.C. 121.71 to 121.76, please explain the basis for the exempon
and how an individual can find the referenced material.
This rule contains references to rules in the Ohio Administrave Code, and the Code
of Federal Regulaons, all of which are exempt under ORC 121.71 to 121.74.
The Ohio Revised Code exempts IBR requirements that are found in ORC 121.71
through 121.74, if the IBR comes from one of the following Ohio government
references: ORC, an uncodified Ohio statute, an act of the state in the Laws of Ohio, a
rule in the OAC, a rule in the Monthly Record, a rule in the Register of Ohio.
The following federal government references are also exempt from ORC 121.71
through 121.74, but must specify a date of the text being incorporated: the United
States Code, an uncodified federal statute, a regulaon from the Federal Register,
internal agency management rules, a rule that maintains authorizaon of a federally
delegated program, a rule required to receive federal funds under a federally funded
program, digital applicaons which do not establish policies, references that describe
federal administrave of legislave data, references that describe generally accepted
building codes, and references that are copyrighted materials where permission has
been obtained to use.
10. If revising or re-filing the rule, please indicate the changes made in the revised or re-
filed version of the rule.
No changes have been made to the originally filed rule as the result of the re-filing.
Page 3 Rule Number: 3745-1-34
11/19/2019 Deleted copper criteria and changed pentachlorophenol units from "mg/
l" to "ug/l".
$0
This rule would neither increase nor decrease expenditures for the Agency or the
State.
12. What are the esmated costs of compliance for all persons and/or organizaons
directly affected by the rule?
Ohio EPA has idenfied two potenal sources of addional cost to regulated enes –
costs due to treatment upgrades, and costs for more advanced chemical tesng. The
Agency does not believe that any significant treatment upgrades will be needed to
meet limits based on the new criteria. Therefore, no new cost.
Ensuring compliance with these lower numbers will require some dischargers to do
addional, low-level tesng for a few parameters. Ohio EPA projects that these new
costs will run from $0 - $400 per year per facility; the specific cost will depend on the
sampling frequency required by the permit, the number of discharge points tested
at the facility, and whether or not the facility is already using one or more of these
advanced analycal techniques.
13. Does the rule increase local government costs? (If yes, you must complete an RSFA
Part B). Yes
14. Does the rule regulate environmental protecon? (If yes, you must complete an RSFA
Part C). Yes
A. Does this rule require a license, permit, or any other prior authorizaon to
engage in or operate a line of business? No
B. Does this rule impose a criminal penalty, a civil penalty, or another sancon,
or create a cause of acon, for failure to comply with its terms? No
2. Please esmate the total cost, in dollars, of compliance with the rule for the
affected local government(s). If you cannot give a dollar cost, explain how the local
government is financially impacted.
Ohio EPA has idenfied two potenal sources of addional cost to regulated enes –
costs due to treatment upgrades, and costs for more advanced chemical tesng. The
Agency does not believe that any significant treatment upgrades will be needed to
meet limits based on the new criteria. Therefore, no new cost.
Ensuring compliance with these lower numbers will require some dischargers to do
addional, low-level tesng for a few parameters. Ohio EPA projects that these new
costs will run from $0 - $400 per year per facility; the specific cost will depend on the
sampling frequency required by the permit, the number of discharge points tested
at the facility, and whether or not the facility is already using one or more of these
advanced analycal techniques.
A. If yes, does this rule do more than the federal government requires? No
B. If yes, what are the costs, in dollars, to the local government for the
regulaon that exceeds the federal government requirement?
Not Applicable
4. Please provide an esmated cost of compliance for the proposed rule if it has an
impact on the following:
A. Personnel Costs
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Page B-2 Rule Number: 3745-1-34
C. Operang Costs
E. Other Costs
5. Please explain how the local government(s) will be able to pay for the increased
costs associated with the rule.
The Agency does not ancipate that any facilies affected by these rule amendments
will need to change how they operate, maintain, and treat water in their facilies.
The only cost that has the potenal to be incurred by these enes is site specific
and depends on what pollutants the influent water contains. That being said, a cost of
$0 - $400 per facility per year is a relavely insignificant cost that a facility should be
able to absorb into their budget. The facilies should not have to raise rates or incur
a superfluous cost increase.
6. What will be the impact on economic development, if any, as the result of this rule?
(1) Consult with organizaons that represent polical subdivisions, environmental interests, business
interests, and other persons affected by the proposed rule or amendment.
(2) Consider documentaon relevant to the need for, the environmental benefits or consequences of,
other benefits of, and the technological feasibility of the proposed rule or rule amendment.
(3) Specifically idenfy whether the proposed rule or rule amendment is being adopted or amended to
enable the state to obtain or maintain approval to administer and enforce a federal environmental
law or to parcipate in a federal environmental program, whether the proposed rule or rule
amendment is more stringent than its federal counterpart, and, if the proposed rule or rule
amendment is more stringent, the raonale for not incorporang its federal counterpart.
(4) Include with the proposed rule or rule amendment and rule summary and fiscal analysis required to
be filed with the Joint Commiee on Agency Rule Review informaon relevant to the previously
listed requirements.
Ohio EPA invited interested pares to comment on the rule amendments during the
period of April 2, 2019 to May 2, 2019. Noce of the comment period was emailed to
approximately 4,000 interested pares. Ohio EPA also mailed leers to 153 dischargers
that may be impacted by this rule. Both lists of interested pares is available upon
request.
(B) Was documentaon that is relevant to the need for, the environmental benefits or
consequences of, other benefits of, and the technological feasibility of the proposed
rule or amendment considered? Yes
Please list the informaon provided and aach a copy of each piece of documentaon
to this form. (A SUMMARY OR INDEX MAY BE ATTACHED IN LIEU OF THE ACTUAL
DOCUMENTATION.)
40 CFR 132 Water Quality Guidance for the Great Lakes System
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Page C-2 Rule Number: 3745-1-34
(C) Is the proposed rule or rule amendment being adopted or amended to enable the state
to obtain or maintain approval to administer and enforce a federal environmental law
or to parcipate in a federal environmental program? Yes
Is the proposed rule or rule amendment more stringent than its federal counterpart?
No Not Applicable
(D) If this is a rule amendment that is being adopted under a state statute that establishes
standards with which the amendment is to comply, is the proposed rule amendment
more stringent than the rule that it is proposing to amend? No
ACTION: Refiled DATE: 08/04/2020 9:05 AM
Regulation/Package Title: Water Quality Criteria for the Protection of Human Health
Rule Type:
New X 5-Year Review
X Amended Rescinded
The Common Sense Initiative was established by Executive Order 2011-01K and placed
within the Office of the Lieutenant Governor. Under the CSI Initiative, agencies should
balance the critical objectives of all regulations with the costs of compliance by the
regulated parties. Agencies should promote transparency, consistency, predictability, and
flexibility in regulatory activities. Agencies should prioritize compliance over punishment,
and to that end, should utilize plain language in the development of regulations.
Regulatory Intent
1. Please briefly describe the draft regulation in plain language.
Please include the key provisions of the regulation as well as any proposed amendments.
This rulemaking concerns the numeric water quality criteria for the protection of human
health in the Ohio River Mainstem, Ohio River Basin, and Lake Erie Basin.
The NPDES program prohibits discharges of pollutants from any point source (a discrete
conveyance such as a pipe or ditch) into the nation’s waters unless authorized under an
NPDES permit. The program gives U.S. EPA the authority to regulate discharges into the
nation’s waters by setting limits on the effluent that can be discharged to a body of water.
The NPDES program is closely intertwined with this rulemaking and is how we will quantify
the effect of these new numerical criteria in this analysis.
These rules are being updated to reflect the most recent human health numbers from U.S.
EPA’s 2015 updated chemical criteria, ORSANCO’s 2015 Pollution Control Standards
(PCS), and maximum contaminant levels (MCLs) promulgated under the Safe Drinking
Water Act.
2. Please list the Ohio statute authorizing the Agency to adopt this regulation.
Ohio Revised Code 6111.041.
-2-
4. If the regulation includes provisions not specifically required by the federal
government, please explain the rationale for exceeding the federal requirement.
Rule 3745-1-34 will be amended to apply maximum contaminant levels (MCLs) statewide.
MCLs are National Primary Drinking Water Regulations (NPDWRs) established by U.S.
EPA under the Safe Drinking Water Act (SDWA). NPDWRs are legally enforceable primary
standards and treatment techniques that apply to public water systems. Primary standards and
treatment techniques protect public health by limiting the levels of contaminants in drinking
water.
Ohio EPA’s Division of Drinking and Ground Water has also promulgated these MCLs into
regulations to cover drinking water and ground water. Ohio EPA Division of Surface Water
currently applies these MCLs only to the Ohio River basin and with this rulemaking
extending this protection statewide (to the Lake Erie basin). The Division of Surface Water is
promulgating these standards as a way to protect the treatment technology at the intakes of
the drinking water plants in the Lake Erie basin as well. This is an extension of the
applicability of the MCL to surface water within five hundred yards of an intake in the Lake
Erie basin, as Ohio’s drinking water supply is a very important resource. The extension of
these MCLs is a common sense regulatory change.
5. What is the public purpose for this regulation (i.e., why does the Agency feel that there
needs to be any regulation in this area at all)?
The CWA section 303(c)(2)(A) requires that water quality standards protect “public health or
welfare, enhance the quality of the water and serve the purposes of [the Act].” The CWA
section 101(a)(2) establishes as a national goal “water quality which provides for protection
and propagation of fish, shellfish, and wildlife, and recreation in and on the water, wherever
attainable.” 40 C.F.R. Part 131.11 specifies that states must adopt those water quality criteria
that protect the designated use. Such criteria must be based on sound scientific rationale and
must contain sufficient parameters or constituents to protect the designated use.
-3-
6. How will the Agency measure the success of this regulation in terms of outputs and/or
outcomes?
Success can be measured in two ways: 1) tracking various administrative milestones in the
programs that implement the water quality standards; and 2) monitoring the conditions of
streams, rivers and lakes over time. The NPDES permit program routinely provides data and
annual reports that describe the compliance performance of the regulated community. The
Agency sets targets for achieving compliance with permit terms and conditions.
As described in the response to question # 11 the water quality standards regulations are
performance based expectations regarding the quality of Ohio’s surface water. Ohio EPA
measures the success of the State’s overall pollution control efforts through biological and
chemical monitoring that determines whether or not a water body is attaining its designated
uses. The status or health of Ohio’s streams, rivers and lakes is reported every two years in
the Integrated Water Quality Monitoring and Assessment Report, which is available on Ohio
EPA’s website at: http://epa.ohio.gov/dsw/tmdl/OhioIntegratedReport.aspx.
8. What input was provided by the stakeholders, and how did that input affect the draft
regulation being proposed by the Agency?
The only feedback provided on these rules stated that Ohio EPA should adopt US EPA’s,
and/or ORSANCO’s updated criteria into rule.
-4-
9. What scientific data was used to develop the rule or the measurable outcomes of the
rule? How does this data support the regulation being proposed?
These numerical criteria were taken directly from U.S. EPA’s 2015 Updated Human Health
Criteria, U.S. EPA’s list of Maximum Contaminant Levels (also referred to as National
Primary Drinking Water Regulations), and ORSANCO’s 2015 Pollution Control Standards
update. Links to these documents are provided below.
https://www.epa.gov/wqc/national-recommended-water-quality-criteria-human-health-
criteria-table
https://www.epa.gov/ground-water-and-drinking-water/national-primary-drinking-water-
regulations
http://www.orsanco.org/programs/pollution-control-standards/
10. What alternative regulations (or specific provisions within the regulation) did the
Agency consider, and why did it determine that these alternatives were not
appropriate? If none, why didn’t the Agency consider regulatory alternatives?
The Agency reviewed revisions to the recommended federal water quality criteria and
ORSANCO’s pollution control standards (PCS) since the last review and determined that
revisions were necessary to bring consistency between state regulations, ORSANCO PCS,
and federal water quality criteria.
11. Did the Agency specifically consider a performance-based regulation? Please explain.
Performance-based regulations define the required outcome, but don’t dictate the process
the regulated stakeholders must use to achieve compliance.
Water quality standards function as a performance-based regulation because for each
beneficial use defined in the rules there are measurable water quality criteria for determining
if a water body meets its designated beneficial uses. Ohio’s water quality standards include
numeric criteria for many chemical substances to protect human health and aquatic life,
bacteria indicators to protect water based recreation and biological criteria used to gauge
attainment of certain aquatic life use designations.
The business community is affected by these standards when they are used to establish
conditions in permits that regulate how much pollution can be safely discharged into a
receiving stream. Any business that discharges pollutants to waters of the State must comply
with permits designed to ensure the standards are met. The Agency does not specify the
technology that must be used to comply with permits.
-5-
12. What measures did the Agency take to ensure that this regulation does not duplicate an
existing Ohio regulation?
Ohio EPA is the delegated state agency for the water quality standards program. Only a
review of existing Ohio EPA rules was necessary, and no duplication was found.
13. Please describe the Agency’s plan for implementation of the regulation, including any
measures to ensure that the regulation is applied consistently and predictably for the
regulated community.
The Agency will put the effective date of the adopted rules three months out from the date of
adoption, which provides for U.S. EPA’s review and approval and gives the Agency time to
update web pages.
-6-
a multitude of factors and may not always be directly correlated to this specific type
water quality criterion, therefore the impact on stakeholders is somewhat varied and
difficult to estimate.
a. The impacted business community primarily includes those regulated through the
NPDES program.
Existing NPDES permit dischargers with current effluent limits for the draft criteria
that could have the potential to be negatively affected by the adoption of these rules
were notified by mail that these rules are available for comment.
b. There is no cost directly associated with these amended rules. However, the cost
associated with implementing these water quality criteria through the NPDES
program will vary widely based on factors such as volume of wastewater treated,
complexity of treatment system, stringency of the effluent limitations, effluent
monitoring requirements, and treatment technology installed at the point source. Most
facilities should not be impacted by these updated water quality criteria, but if a
discharger receives a more stringent permit limit or a permit limit for a new chemical,
or additional monitoring requirements, the nature of the adverse impact may include
the treatment of the wastewater, any cost to maintain or operate the equipment,
sampling, and time for paperwork completion.
c. As previously stated, there is no cost directly associated with these rule updates,
however there may be cost associated with the implementation of these water quality
criteria. The cost of compliance with these rules for a facility is site specific and will
vary greatly based on the type of treatment, the amount of sludge generated, amount
of water discharged, the types of samples and the amount of sampling required, and
the amount of treatment that would be required to satisfy the limitations. Most
facilities should not be impacted by these updated water quality criteria, but if a
discharger receives a more stringent permit limit or a permit limit for a new criterion,
the nature of the adverse impact may include the treatment of the wastewater, any
cost to maintain or operate the equipment, sampling, and time for paperwork
completion.
If a revision to a permittee’s effluent limitations due to these water quality criteria is
necessary upon permit renewal, the Agency will include a schedule of compliance in
the permit to allow the permittee the time to plan and construct or modify any
necessary treatment to comply with the NPDES permit.
15. Why did the Agency determine that the regulatory intent justifies the adverse impact to
the regulated business community?
-7-
The water quality standards program and these draft rule revisions are the primary means of
ensuring that the quality of water in Ohio’s streams, rivers and lakes is improved, maintained
and remains suitable for swimming, drinking and fishing. The basic goal of meeting all
numeric and narrative criteria established under the CWA is the normal requirement
mandated by federal regulations. Deviation from that expectation is allowed in only a
handful of extraordinary circumstances, one of which is imposition of widespread social and
economic impact. Thus, it is incumbent upon states to establish the proper balance between
the water quality goals and the costs to society of attaining those goals. The Agency believes
the draft rules are supported by the need to protect public health, safety, and the environment.
Regulatory Flexibility
16. Does the regulation provide any exemptions or alternative means of compliance for
small businesses? Please explain.
With regard to the implementation programs impacted by this rulemaking, the regulations do
not provide exemptions for small businesses. Corresponding federal regulations and the Ohio
Revised Code do not provide for exemptions or alternative means of compliance for any
permittees. The regulations are applied evenly regardless of the size of the treatment works.
Smaller facilities are typically required to sample less frequently, which will cost them less
money.
17. How will the agency apply Ohio Revised Code section 119.14 (waiver of fines and
penalties for paperwork violations and first-time offenders) into implementation of the
regulation?
The first time paperwork violation waiver is not applicable to this rule package. The rules in
OAC Chapter 3745-1 contain standards for CWA permitting programs to enforce. No
paperwork or permits are required by the standards themselves.
18. What resources are available to assist small businesses with compliance of the
regulation?
• Ohio EPA Division of Environmental and Financial Assistance’s Office of Compliance
Assistance and Pollution Prevention (OCAPP) is a non-regulatory program that provides
information and resources to help small businesses comply with environmental regulations.
OCAPP also helps customers identify and implement pollution prevention measures that can
save money, increase business performance and benefit the environment. Services of the
office include a toll-free hotline, on-site compliance and pollution prevention assessments,
workshops/training, plain-English publications library and assistance in completing permit
-8-
application forms. Additional information is available at:
http://epa.ohio.gov/ocapp/ComplianceAssistanceandPollutionPrevention.aspx
• Ohio EPA also has a Customer Support Center web page
(https://ohioepa.custhelp.com/app/home/session/L3RpbWUvMTQ0NTg2NTYzNi9zaWQvX
1hTRkZWem0%3D) that contains links to several items to help businesses navigate the
permit process, including the Permit Wizard, Frequently Asked Questions (FAQ), training
and subscription to various program listservs.
• Ohio EPA maintains the Compliance Assistance Hotline 800-329-7518, weekdays from
8:00 a.m. to 5:00 p.m.
• Ohio EPA, Division of Environmental and Financial Assistance’s Compliance Assistance
Unit provides technical support to small (less than 0.5 million gallons per day) wastewater
treatment plants. Additional information is available at:
http://epa.ohio.gov/dsw/compl_assist/compasst.aspx
• U.S. EPA Small Business Gateway also has information on environmental regulations for
small businesses available at: http://www.epa.gov/smallbusiness/ and a Small Business
Ombudsman Hotline 800-368-5888.
• U.S. EPA’s Water Quality Standards Handbook, Second Edition available at:
http://water.epa.gov/scitech/swguidance/standards/handbook/index.cfm.
• U.S. EPA’s Policy and Guidance: Reference Library contains an index of EPA documents
related to water quality standards, including those referenced in the WQS Handbook. You
can sort the index alphabetically, by publication date, or by topic. Available at:
http://water.epa.gov/scitech/swguidance/standards/library/index.cfm.
• The Division of Surface Water’s Water Quality Standards program web page contains
background information and direct links to sections of the regulations. Additional
information is available at: http://epa.ohio.gov/dsw/wqs/index.aspx.
-9-
ACTION: Refiled DATE: 08/04/2020 9:05 AM
Notice of Requirements
You are hereby notified that, having consid- Under the terms and provisions of the Ohio
ered all the evidence presented at public River Valley Water Sanitation Compact, all
hearings, the Ohio River Valley Water sewage from municipalities or other political
Sanitation Commission, at its regularly held subdivisions, public or private institutions,
meeting on October 8, 2015, acting in corporations or watercraft and all industrial
accordance with and pursuant to the wastes discharged or permitted to flow into
authority contained in Article VI of the Ohio the Ohio River will be required to be
River Valley Water Sanitation Compact, modified or treated to the extent specified in
adopted and promulgated, subject to revision the standards established as above set forth.
as changing conditions require, Pollution
Control Standards 2015 Revision for the To the extent that Pollution Control
modification or treatment of all sewage from Standards 2013 Revision, which were
municipalities or other political subdivi- established by Commission action October
sions, public or private institutions, 10, 2013, have been amended or restated by
corporations or watercraft, and for the modi- virtue of Pollution Control Standards 2015,
fication or treatment of all industrial wastes the Pollution Control Standards 2013
discharged or permitted to flow into the Revision, including any definitions and
Ohio River from the point of confluence of application procedures appended to or
the Allegheny and Monongahela Rivers at incorporated therein, are rescinded.
Pittsburgh, Pennsylvania, designated as Ohio
River mile point 0.0 to Cairo Point, Illinois,
located at the confluence of the Ohio and
Mississippi Rivers, and being 981.0 miles
downstream from Pittsburgh, Pennsylvania. Richard Harrison, P.E.
Executive Director and Chief Engineer
5.1 GENERAL................................................................................................................19
5.2 CRITICAL FLOW ....................................................................................................20
5.3 WASTEWATER DISCHARGES FOR CHEMICAL CONSTITUENTS ...............20
5.4 SEWAGE..................................................................................................................20
5.5 INDUSTRIAL WASTES, INCLUDING TOXIC WASTES....................................24
5.6 RESIDUES FROM POTABLE WATER TREATMENT PLANTS........................25
5.7 COOLING WATER .................................................................................................25
5.8 OTHER WASTES ....................................................................................................25
5.9 ANALYTICAL METHODS.....................................................................................25
i
APPENDICES
TABLE A1: Temperature and pH-Dependent Values of the Acute Criteria for
Total Ammonia-Nitrogen; Unionid Mussels Present ....................................27
TABLE A2: Temperature and pH-Dependent Values of the Acute Criteria for
Total Ammonia-Nitrogen; Unionid Mussels Absent ....................................28
ii
Ohio River Valley Water Sanitation Commission
The Ohio River Valley Water Sanitation Compact (the Compact) was signed in 1948 by
the Governors of the States of Illinois, Indiana, Kentucky, New York, Ohio,
Pennsylvania, Virginia, and West Virginia, following the consent of the United States
Congress and enactment of the Compact into law by the legislatures of the eight states.
The Compact created the Ohio River Valley Water Sanitation Commission (the
Commission) as a body corporate with powers and duties set forth in it for the purpose of
abating water pollution within the Compact District. Article I of the Compact mandates
that all waters in the District be placed and maintained in a satisfactory, sanitary
condition, available for certain beneficial uses. It is the mission of the Commission to
ensure protection of these uses and to preserve the waters for other legitimate purposes.
The Compact grants the Commission authority to carry out its mission. Article VI states
that “the guiding principle of this Compact shall be that pollution by sewage or industrial
wastes originating within a signatory State shall not injuriously affect the various uses of
the interstate waters.” Minimum requirements for the treatment of sewage and industrial
waste then are established in Article VI, as well as the authority of the Commission to
require higher degrees of treatment where they are determined to be necessary after
investigation, due notice, and hearing. Article VI concludes by authorizing the
Commission to “adopt, prescribe, and promulgate rules, regulations and standards for
administering and enforcing the provisions of this article.”
Article IX of the Compact grants the Commission authority to issue orders, after
investigation and hearing, for the purpose of achieving compliance with its standards.
Any court of general jurisdiction or any United States District Court in the signatory
states may be used by the Commission in order to enforce such orders.
It is the policy of the Commission to rely on the member states for the primary
enforcement of its standards. Each of the member states is authorized to do so under the
legislation that enabled its membership in the Compact. Each of the member states is
authorized to administer the federal/state National Pollutant Discharge Elimination
System (NPDES) as established in Section 402 of the Federal Clean Water Act. Sections
301(b)(1)(C) and 510 of the Federal Act require that permits issued under that system
incorporate applicable standards promulgated by an interstate agency wherever they are
1
more stringent than comparable state or federal standards. The NPDES permits are
therefore the primary means by which the Commission’s Standards are implemented and
enforced.
These standards set forth the uses to be protected in the Ohio River (Chapter 2) as
established in the Compact, establish water quality criteria to assure that those uses will
be achieved (Chapter 3), and set wastewater discharge requirements (Chapter 5) needed
to attain the water quality criteria. The standards also recognize the rights of individual
states to adopt and apply more stringent regulations.
Specific wastewater discharge requirements are established in these regulations and must
be incorporated into discharge permits issued under the authority of the NPDES or state
discharge permitting programs when they are more stringent than:
In the absence of promulgated Federal effluent guidelines pursuant to Sections 301, 304,
306, and 307 of the Clean Water Act, the Compact signatory states have the responsibility
to establish effluent limitations to be included in any discharge permit, consistent with the
standards contained herein using best professional judgment on a case-by-case basis.
1.2 DEFINITIONS
2
E. “Compact,” as used in these regulations, means the Ohio River Valley Water
Sanitation Compact and is an agreement entered into by and between the states of
Indiana, West Virginia, Ohio, New York, Illinois, Kentucky, Pennsylvania, and
Virginia, which pledges each to the other of the signatory states faithful
cooperation in the control of existing and future pollution of the waters in the
Ohio River Basin. This Compact created the Ohio River Valley Water Sanitation
Commission.
F. “Cooling Water” means water used as a heat transfer medium for once-through
cooling or cooling tower blow down to which no industrial wastes, toxic wastes,
residues from potable water treatment plants, untreated sewage, or other wastes,
exclusive of antifouling agents approved by the appropriate regulatory agencies,
are added prior to discharge.
G. “Contact Recreation” means recreational activities where the human body may
come in direct contact with water of the Ohio River.
H. “Dry Weather Flow Conditions” means flow conditions within a combined sewer
system resulting from one or more of the following: flows of domestic sewage,
ground water infiltration, commercial and industrial wastewater, and any non-
precipitation event related flows. Other non-precipitation event related flows that
are included in dry weather flow conditions will be decided by the permitting
agency based on site specific conditions.
I. “Early Life Stages” of fish means the pre-hatch embryonic period, the post-hatch
free embryo or yolk-sac fry, and the larval period, during which the organism
feeds. Juvenile fish, which are anatomically rather similar to adults, are not
considered an early life stage.
K. “Mixing Zone” means that portion of the water body receiving a discharge where
effluent and receiving waters are not totally mixed and uniform with the result that
the zone is not representative of the receiving waters and may not meet all
ambient water quality standards or other requirements of any signatory state
applicable to the particular receiving waters. All applicable water quality criteria
must be met at the edge of the mixing zone.
3
organisms shall be representative important species indigenous to the Ohio River
or standard test organisms.
N. The “Ohio River,” as used in these regulations, extends from the point of
confluence of the Allegheny and Monongahela rivers at Pittsburgh, Pennsylvania,
designated as Ohio River mile point 0.0 to Cairo Point, Illinois, located at the
confluence of the Ohio and Mississippi Rivers, 981.0 miles downstream from
Pittsburgh.
P. “Other Wastes” means any waste other than sewage, cooling water, residues from
potable water treatment plants, industrial wastes or toxic wastes which, if
discharged to the Ohio River, could cause or contribute to any violations of these
regulations, or of any water quality standards of any signatory state, or which may
be deleterious to the designated uses. Other wastes include, but are not limited to:
garbage, refuse, decayed wood, sawdust, shavings, bark and other wood debris
and residues resulting from secondary processing, sand, lime cinders, ashes, offal,
night soil, silt, oil, tar, dyestuffs, acids, chemicals, heat or other materials and
substances not sewage or industrial wastes which may cause or might reasonably
be expected to cause or contribute to the pollution of the Ohio River.
S. “Public Water System” means a system for the provision to the public of water for
human consumption through pipes or other constructed conveyances, if such
system has at least 15 service connections or regularly serves an average of at least
25 individuals daily at least 60 days out of the year. As this relates to Chapter
3.3.C (Total Ammonia-Nitrogen), the source water of the public water system is
the Ohio River or ground water under the direct influence of the Ohio River.
4
maintenance of suitable water quality conditions will assure the overall protection
and sustain propagation of the balanced, indigenous community.
V. “Residues from Potable Water Treatment Plants” means those wastes emanating
from processes used in water purification. Such processes may include
sedimentation, chemical coagulation, filtration, iron and manganese removal,
softening, and disinfection.
A. General
The minimum conditions which these standards are intended to achieve in the
receiving waters are as follows:
2. Freedom from floating debris, scum, oil, and other floating material in
amounts sufficient to be unsightly or deleterious.
5
1.4 LIMITATIONS
Nothing contained in these regulations shall be construed to limit the powers of any state
signatory to the Compact to promulgate more stringent criteria, conditions, and
restrictions to further lessen or prevent the pollution of waters within its jurisdiction.
Should any one or more of the Pollution Control Standards hereby established or should
any one or more provisions of the regulations herein contained be held or determined to
be invalid, illegal or unenforceable, for any reason whatsoever, all other standards and
other provisions shall remain effective.
1.6 VARIANCES
3. The effluent limitations that the discharger believes can be met by the
highest level of treatment achievable.
4. A demonstration that the uses set forth in Chapter 2 and the water quality
criteria set forth in Chapter 3 will be maintained.
B. The Commission may require additional information that it deems relevant to its
decision-making process, including, but not limited to, the NPDES permitting
state regulation that would allow the requested variance absent the ORSANCO
standard.
C. The Commission will provide opportunity for public comment in its consideration
of any variance request.
D. A variance may be granted for a period not to exceed five years; the applicant may
apply for a variance renewal prior to the expiration of the permit.
6
1.7 SITE SPECIFIC CRITERIA
Alternative site-specific criteria for the constituents listed herein may be approved if they
are demonstrated to be appropriate to the satisfaction of the Commission. Such
demonstrations shall utilize methods contained in the Water Quality Standards Handbook
(U.S. EPA publication EPA823-B94005A, August 1994), or other methods approved by
the U.S. EPA.
The Ohio River, as hereinbefore defined, has been designated by the Compact as
available for safe and satisfactory use as public and industrial water supplies after
reasonable treatment, suitable for recreational usage, capable of maintaining fish and
other aquatic life, and adaptable to such other uses as may be legitimate. It is the purpose
of these Pollution Control Standards to safeguard the waters of the Ohio River for these
designated uses. No degradation of the water quality of the Ohio River that would
interfere with or become injurious to these uses shall be permitted.
For the purposes of these Standards, water quality criteria to protect the uses stated above
shall be developed, adopted and presented as follows:
A. Aquatic life protection criteria shall assure water quality conditions capable of
maintaining fish and other aquatic life.
B. Human health protection criteria shall assure water quality conditions that allow
safe and satisfactory use as public and industrial water supplies after reasonable
treatment as defined in Chapter 1.2.T; are suitable for contact recreation as
defined in Chapter 1.2.G during those months when the river is otherwise suitable
for such activities; and allow safe consumption of fish.
C. Taste and odor protection criteria shall assure water quality conditions that allow
safe and satisfactory use as public and industrial water supplies after reasonable
treatment as defined in Chapter 1.2.T without unaesthetic conditions such as taste
or odor.
7
CHAPTER 3: WATER QUALITY CRITERIA
8
Human Health Aquatic Life All Other
Non- Uses (e.g.
Carcinogenic Carcinogenic Chronic Taste &
Pollutant (ug/L) (ug/L) Acute (ug/L) (ug/L) Odor)
Chlorodibromomethane 0.4A,C
Chloroform 5.7C,J
Chromium III 570H 74.1H
Chromium VI 15.712F 10.582F
Chrysene 0.0038A,C
Copper 1300B 13.4H 8.96H
Cyanide 140K
Cyanide (free) 22L 5.2L
A,C
Dibenzo(a,h) Anthracene 0.0038
Dichlorobromomethane 0.55A,C
Dieldrin 0.000052A,C
Diethyl Phthalate 17000A
Dimethyl Phthalate 270000
Di-n-Butyl Phthalate 2000A
Dissolved Oxygen > 4.0 mg/LM > 5.0 mg/LM
130
CFU/100mL
(GM) R,
240
E. Coli CFU/100mL S
Endosulfan Sulfate 62A
Endrin 0.059
Endrin Aldehyde 0.29A
Ethylbenzene 530
2,000
Fecal Coliform CFU/100mLN
Fluoride 1.0 mg/L
Fluoranthene 130A
Fluorene 1100A
gamma-BHC (Lindane) 0.98
A,C
Heptachlor 0.000079
Heptachlor Epoxide 0.000039A,C
Hexachlorobenzene 0.00028A,C
Hexachlorobutadiene 0.44A,C
Hexachlorocyclopentadiene 40B
Hexachloroethane 1.4A,C
Ideno(1,2,3-cd) Pyrene 0.0038A,C
Isophorone 35A,C
Lead 64.6H 2.52H
Mercury 0.000012mg/L 1.45F 0.774F
Methyl Bromide 47A
9
Human Health Aquatic Life All Other
Non- Uses (e.g.
Carcinogenic Carcinogenic Chronic Taste &
Pollutant (ug/L) (ug/L) Acute (ug/L) (ug/L) Odor)
Methylene Chloride 4.6A,C
Methylmercury 0.3 mg/kgO
Nickel 610A 469H 52H
Nitrite Nitrate Nitrogen 10 mg/L
Nitrite Nitrogen 1 mg/L
Nitrobenzene 17A
N-Nitrosodimethylamine 0.00069A,C
N-Nitrosodi-n-Propylamine 0.005 A,C
N-Nitrosodiphenylamine 3.3 A,C
Pentachlorophenol 0.27 A,C
pH >6.0 and <9.0
A,B
Phenol 21000
Phenolics 0.005 mg/L
A,C,P
Polychlorinated Biphenyls 0.000064
Pyrene 830A
combined radium-226 and
radium 228 4 pCi/L
gross total alpha 15 pCi/L
total gross beta 50 pCi/L
total gross strontium-90 8 pCI/L
Selenium 170I 5L
Silver 0.05 mg/L 3.22H
Sulfate 250 mg/L
Temperature 110 Deg F See table Chapter 3.2.C.
C
Tetrachloroethylene 0.69
Thallium 0.24
Toluene 1300I
Total dissolved solids 500 mg/LD
Toxaphene 0.00028A,C
Trichloroethylene 2.5C
Vinyl Chloride 0.025C,Q
Zinc 7400B 117H 118H
1,1,2,2-Tetrachloroethane 0.17A,C
1,1,2-Trichloroethane 0.59A,C
1,1-Dichloroethylene 330
1,2,4-Trichlorobenzene 35
1,2-Dichlorobenzene 420
A,C
1,2-Dichloroethane 0.38
1,2-Dichloropropane 0.5A,C
1,2-Diphenylhydrazine 0.036A,C
10
Human Health Aquatic Life All Other
Non- Uses (e.g.
Carcinogenic Carcinogenic Chronic Taste &
Pollutant (ug/L) (ug/L) Acute (ug/L) (ug/L) Odor)
1,2-Trans-Dichloroethylene 140I
1,3-Dichlorobenzene 320
C
1,3-Dichloropropene 0.34
1,4-Dichlorobenzene 63
C
2,3,7,8-TCDD (Dioxin) 0.000000005
2,4,6-Trichlorophenol 1.4A,C
2,4-Dichlorophenol 77A,B
2,4-Dimethylphenol 380A
2,4-Dinitrophenol 69A
2,4-Dinitrotoluene 0.11C
2-Chloronaphthalene 1000A
2-Chlorophenol 81A,B
2-Methyl-4,6-Dinitrophenol 13
A,C
3,3-Dichlorobenzidine 0.021
4,4'-DDD 0.00031A,C
4,4'-DDE 0.00022 A,C
4,4'-DDT 0.00022A,C
A
This criterion has been revised to reflect The U.S. EPA’s q1* or RfD, as contained in the Integrated Risk
Information System (IRIS) as of May 17, 2002. The fish tissue bioconcentration factor (BCF) from the 1980
Ambient Water Quality Criteria document was retained in each case.
B
The organoleptic effect criterion is more stringent than the value for priority toxic pollutants.
C -6
This criterion is based on carcinogenicity of 10 risk. Alternate risk levels may be obtained by moving the
-5
decimal point (e.g., for a risk level of 10 , move the decimal point in the recommended criterion one place
to the right).
D
Criteria applies at drinking water intakes.
E
Criteria dependant on pH and temp, see formulas Sec. 3.2.E and 4-day avg. rule, Appendix A1-A5. Criteria
shown at pH 7.0, most restrictive temperature, and unionid mussels present.
F
Presented in the dissolved form.
G
This criterion for asbestos is the Maximum Contaminant Level (MCL) developed under the Safe Drinking
Water Act (SDWA).
H
Presented in the dissolved form and shown at Hardness 100, specific formulas in Sec. 3.2. F.
I
U.S. EPA has issued a more stringent MCL. Refer to drinking water regulations (40 CFR 141) or Safe
Drinking Water Hotline (1-800-426-4791) for values.
J
Although a new RfD is available in IRIS, the surface water criteria will not be revised until the National
Primary Drinking Water Regulations: Stage 2 Disinfectants and Disinfection Byproducts Rule (Stage 2
DBPR) is completed, since public comment on the relative source contribution (RSC) for chloroform is
anticipated.
K
This recommended water quality criterion is expressed as total cyanide, even though the IRIS RFD we
used to derive the criterion is based on free cyanide. The multiple forms of cyanide that are present in
ambient water have significant differences in toxicity due to their differing abilities to liberate the CN-
moiety. Some complex cyanides require even more extreme conditions than refluxing with sulfuric acid to
liberate the CN-moiety. Thus, these complex cyanides are expected to have little or no ‘bioavailability’ to
humans. If a substantial fraction of the cyanide present in a water body is present in a complexed form
(e.g., Fe4[Fe(CN)6]3), this criterion may be over conservative.
L
Criteria shown to be applied in total recoverable form.
11
M
Dissolved oxygen minimum 5.0 mg/L April 15 – June 15.
N
Criteria based on 5-sample per month geometric mean.
O
This fish tissue residue criterion for methylmercury is based on a total fish consumption rate of 0.0175
kg/day.
P
This criterion applies to total PCBs, (e.g., the sum of all congener or all isomer or homolog or Aroclor
analyses).
Q
This recommended water quality criterion was derived using the cancer slope factor of 1.4 (LMS
exposure from birth).
R
Criteria based on 90 day geometric mean.
S
Not to be exceeded in greater than 25% of the samples during 90 day period.
To protect aquatic life, the following criteria shall be met outside the mixing zone:
B. DISSOLVED OXYGEN: The average concentration shall be at least 5.0 mg/L for
each calendar day; the minimum concentration shall not be less than 4.0 mg/L.
During the April 15-June 15 spawning season, a minimum concentration of 5.0
mg/L shall be maintained at all times.
12
Month MP 0 to MP 341 MP 341.1 to MP 606.8 MP 606.9 to MP 981
°F °C °F °C °F °C
January 45.7 7.6 46.8 8.2 49.3 9.6
February 43.9 6.6 47.9 8.8 48.6 9.2
March 51.2 10.7 57.4 14.1 55.0 12.8
April 61.2 16.2 66.9 19.4 63.2 17.3
May 71.2 21.8 76.4 24.7 71.4 21.9
June 1-15 78.8 26.0 83.5 28.6 77.6 25.3
June 16-30 87.0 30.6 87.0 30.6 87.0 30.6
July 89.0 31.7 89.0 31.7 89.0 31.7
August 89.0 31.7 89.0 31.7 89.0 31.7
September 1-15 87.0 30.6 87.0 30.6 87.0 30.6
September 16-30 81.0 27.2 84.7 29.3 82.6 28.1
October 74.1 23.4 76.7 24.8 75.5 24.2
November 65.0 18.3 66.2 19.0 66.1 19.0
December 55.8 13.2 55.6 13.1 56.7 13.7
D. pH: No value below 6.0 standard units nor above 9.0 standard units.
E. AMMONIA:
0.0114 1.6181
𝐴𝐶𝐶 = 0.7249 ∗ 7.204−𝑝𝐻
+ ∗ 𝑀𝐼𝑁(51.93 𝑜𝑟 23.12 ∗ 100.036∗ 20−𝑇
)
1 + 10 1 + 10𝑝𝐻 −7.204
0.0278 1.1994
𝐶𝐶𝐶 = 0.8876 ∗ 7.688−𝑝𝐻
+ ∗ (2.126 ∗ 100.028∗ 20−𝑀𝑎𝑥 (𝑇 𝑜𝑟 7)
)
1 + 10 1 + 10𝑝𝐻 −7.688
ii. If unionid mussels are absent** and when fish early life stages are
present (from March 1 to October 31):
0.0278 1.1994
𝐶𝐶𝐶 = 0.9405 ∗ 7.688−𝑝𝐻
+ ∗ 𝑀𝐼𝑁(6.920 𝑜𝑟 7.547 ∗ 100.028∗ 20−𝑇
)
1 + 10 1 + 10𝑝𝐻 −7.688
iii. If unionid mussels are absent** and when fish early life stages are
absent (from November 1 to the last day of February):
0.0278 1.1994
𝐶𝐶𝐶 = 0.9405 ∗ 7.688−𝑝𝐻
+ ∗ (7.547 ∗ 100.028∗ 20−𝑀𝑎𝑥 (𝑇 𝑜𝑟 7) )
1 + 10 1 + 10𝑝𝐻 −7.688
iv. In addition, the highest four-day average within the 30-day period
should not exceed 2.5 times the chronic criterion.
Note: Acute and chronic criteria concentrations for total ammonia-nitrogen (in
mg/L) for different combinations of pH and temperature are shown in Appendix
A.
F. CHEMICAL CONSTITUENTS:
15
G. OTHER TOXIC SUBSTANCES:
Water quality criteria for substances not otherwise specified in this section shall be
derived based on the following:
1. For the protection of aquatic life, methodologies set forth in U.S. EPA's
final Water Quality Guidance for the Great Lakes System, adopted in the
Federal Register, March 23, 1995, shall be used (see Appendix D).
2. Limiting concentrations other than those derived from the above may be
used for the protection of aquatic life when justified on the basis of
scientifically defensible evidence.
To protect human health, the following criteria shall be met outside the mixing zone:
A. BACTERIA:
1. Protection of public water supply use -- public water supply use shall be
protected at all times. Fecal coliform bacteria content shall not exceed
2,000/100 mL as a monthly geometric mean based on not less than five
samples per month.
B. CHEMICAL CONSTITUENTS:
16
C. TOTAL AMMONIA-NITROGEN: Total ammonia-nitrogen shall not exceed 1.0
mg/L at any surface water intake for a public water system providing at least
reasonable treatment.
A. Where mixing zones are allowed by the permitting authority, the specific
numerical limits for any mixing zone shall be determined on a case-by-case basis,
and shall include considerations for existing uses, linear distance (i.e., length and
width) from the point of discharge, surface area involved, and volume of receiving
water within the defined zone.
B. Conditions within the mixing zone shall not be injurious to human health, in the
event of a temporary exposure.
C. Acute water quality criteria, as specified in Chapter 3.2.F, will apply at all points
within the mixing zone; except that, states may at their discretion allow a smaller
zone in the immediate vicinity of the point of discharge sometimes referred to as a
zone of initial dilution in which acute criteria are exceeded, provided the zone
does not impact the water of another state, but the acute criteria must be met at the
edge of the acute mixing zone or zone of initial dilution. Acute mixing zones
shall be calculated in accordance with one of the approaches presented in
Appendix E, or by such other method as may be demonstrated to be appropriate to
the Commission.
17
E. In no case shall a permitting authority grant a mixing zone that would likely
jeopardize the continued existence of any endangered or threatened species listed
under Section 4 of the Federal Endangered Species Act or result in the destruction
or adverse modification of such species’ critical habitat.
4. Mixing zones shall continue to be prohibited for BCCs for discharges from
facilities that came into existence after October 16, 2003.
18
Bioaccumulative Chemicals of Concern
Lindane Mirex
Hexachlorocyclohexane Hexachlorobenzene
alpha-Hexachlorocyclohexane Chlordane
beta-Hexachlorocyclohexane DDD
delta-Hexachlorocyclohexane DDT
Hexachlorobutadiene DDE
Photomirex Octachlorostyrene
1,2,4,5-Tetrachlorobenzene PCBs
Toxaphene 2,3,7,8-TCDD
Pentachlorobenzene Mercury
1,2,3,4-Tetrachlorobenzene Dieldrin
G. If mixing zones from two or more proximate sources interact or overlap, the
combined effect must be evaluated to ensure that applicable values will be met in
the area where any applicable mixing zones overlap.
5.1 GENERAL
B. Each holder of an individual NPDES permit shall post and maintain a permanent
marker at the establishment under permit as follows:
2. The marker shall consist of, at a minimum, the name of the establishment
to which the permit was issued, the permit number, and the outfall
number. The information shall be printed in letters not less than two
inches in height.
3. The marker shall be a minimum of two feet by two feet and shall be a
minimum of three feet above ground level.
19
5.2 CRITICAL FLOW
For derivation of effluent limitations, the following river flows shall be used:
5.4 SEWAGE
Sewage shall be treated prior to discharge, to meet the following effluent limitations in
addition to the requirements of Chapter 5.1.
20
1. Biochemical Oxygen Demand
2. Suspended Solids
3. pH
The effluent values for pH shall be maintained within the limits of 6.0 to
9.0 standard units.
4. Bacteria
ii. During the months of April through October, the geometric mean
of the E. coli bacteria content of effluent samples collected in a 90-
day period shall not exceed 130/100 mL, and no more than 25
percent of the values shall exceed 240/100 mL.
B. ALTERNATIVE TREATMENT:
Such facilities as waste stabilization ponds and trickling filters shall be deemed to
provide effective treatment of sewage, provided that the requirements of Chapter
5.1, 5.4.A are met, that the effluent does not cause any violations of applicable
states’ water quality standards or Chapter 2 and Chapter 3 of these regulations,
and that the following requirements are met:
21
not exceed 45 mg/L; and the arithmetic mean of the values for
effluent samples collected in a week shall not exceed 65 mg/L.
2. Suspended Solids
No combined sewer overflow (CSO) to the Ohio River shall occur under
dry weather flow conditions unless the discharge is caused by elevated
river stage. All discharges from combined sewers must be in compliance
with the NPDES permit and the National Combined Sewer Overflow
Control Policy.
The approved LTCP and UAA will identify the conditions, at or above
which, the contact recreation use and associated bacteria criteria cannot be
achieved, and will identify alternative bacteria criteria that can be
achieved. The alternative bacteria criteria shall apply for the period during
which conditions exist and shall not exceed 2000 fecal coliform per 100
mL as a monthly geometric mean for the protection of public water
supplies.
23
Bypasses of secondary treatment which are necessary in order to
implement a CSO long-term control plan which includes primary
treatment options at the municipal wastewater treatment plant may be
allowed, provided it is not technically or financially feasible to provide
secondary treatment of greater amounts of wet weather flow. The
consideration of feasible alternatives should be documented in the
development of the long-term control plan.
A. The minimum level of treatment for industrial wastes including toxic wastes, prior
to discharge, shall be in accordance with national effluent limitations and
guidelines adopted by the Administrator of the U.S. EPA pursuant to Sections 301
and 302 of the Federal Clean Water Act, national standards of performance for
new sources adopted pursuant to Section 306 of the Federal Clean Water Act, and
national toxic and pretreatment effluent limitations, adopted pursuant to Section
307 of the Federal Clean Water Act or in accordance with the standards of the
state in which the discharge occurs.
3. The facility withdraws 100 percent of the intake water containing the
pollutant from the same body of water into which the discharge is made.
4. The facility does not contribute any additional mass of the identified intake
pollutant to its wastewater.
5. The facility does not alter the identified intake pollutant chemically or
physically in a manner that would cause adverse water quality impacts to
occur that would not occur if the pollutants were left in-stream.
6. The facility does not increase the identified intake pollutant concentration,
as defined by the permitting authority, at the edge of the mixing zone, or at
the point of discharge if a mixing zone is not allowed, as compared to the
pollutant concentration in the intake water, unless the increased
concentration does not cause or contribute to an excursion above an
applicable water quality standard.
24
7. The timing and location of the discharge would not cause adverse water
quality impacts to occur that would not occur if the identified intake
pollutant were left in-stream.
C. Industrial waste treatment facilities shall notify ORSANCO of all upsets and
bypasses within two hours of their discovery.
The use of controlled discharge for residues from potable water treatment plant processes
of sedimentation, coagulation, and filtration may be authorized provided that, as a
minimum, the discharge meets all the requirements of Chapters 3.1 and 5.1.
A. A discharge of cooling water shall meet the requirements of Chapter 5.1. and shall
not cause violations of the temperature criteria set forth in Chapter 3.2.C, except
as authorized by a variance issued pursuant to Section 316(a) of the Federal Clean
Water Act.
B. Any cooling water additives that will ultimately be discharged to the environment
must be approved by the appropriate state agency.
The discharge of Other Wastes (other than those specified above) shall meet the
requirements of Chapter 5.1 and shall not cause or contribute to a violation of the water
quality criteria set forth in Chapter 3.
25
Appendix A
Acute and Chronic Criteria Concentrations
for Total Ammonia-Nitrogen (in mg/L)
For Varying Combinations of pH and Temperature
26
Table A1: Temperature and pH-Dependent Values of the Acute Criterion for Total Ammonia Nitrogen;
Unionid Mussels Present
pH Temperature, Celsius
0-10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30
6.5 51 48 44 41 37 34 32 29 27 25 23 21 19 18 16 15 14 13 12 11 9.9
6.6 49 46 42 39 36 33 30 28 26 24 22 20 18 17 16 14 13 12 11 10 9.5
6.7 46 44 40 37 34 31 29 27 24 22 21 19 18 16 15 14 13 12 11 9.8 9.0
6.8 44 41 38 35 32 30 27 25 23 21 20 18 17 15 14 13 12 11 10 9.2 8.5
6.9 41 38 35 32 30 28 25 23 21 20 18 17 15 14 13 12 11 10 9.4 8.6 7.9
7.0 38 35 33 30 28 25 23 21 20 18 17 15 14 13 12 11 10 9.4 8.6 7.9 7.3
7.1 34 32 30 27 25 23 21 20 18 17 15 14 13 12 11 10 9.3 8.5 7.9 7.2 6.7
7.2 31 29 27 25 23 21 19 18 16 15 14 13 12 11 9.8 9.1 8.3 7.7 7.1 6.5 6.0
7.3 27 26 24 22 20 18 17 16 14 13 12 11 10 9.5 8.7 8.0 7.4 6.8 6.3 5.8 5.3
7.4 24 22 21 19 18 16 15 14 13 12 11 9.8 9.0 8.3 7.7 7.0 6.5 6.0 5.5 5.1 4.7
7.5 21 19 18 17 15 14 13 12 11 10 9.2 8.5 7.8 7.2 6.6 6.1 5.6 5.2 4.8 4.4 4.0
7.6 18 17 15 14 13 12 11 10 9.3 8.6 7.9 7.3 6.7 6.2 5.7 5.2 4.8 4.4 4.1 3.8 3.5
7.7 15 14 13 12 11 10 9.3 8.6 7.9 7.3 6.7 6.2 5.7 5.2 4.8 4.4 4.1 3.8 3.5 3.2 2.9
7.8 13 12 11 10 9.3 8.5 7.9 7.2 6.7 6.1 5.6 5.2 4.8 4.4 4.0 3.7 3.4 3.2 2.9 2.7 2.5
7.9 11 9.9 9.1 8.4 7.7 7.1 6.6 6.0 5.6 5.1 4.7 4.3 4.0 3.7 3.4 3.1 2.9 2.6 2.4 2.2 2.1
8.0 8.8 8.2 7.6 7.0 6.4 5.9 5.4 5.0 4.6 4.2 3.9 3.6 3.3 3.0 2.8 2.6 2.4 2.2 2.0 1.9 1.7
8.1 7.2 6.8 6.3 5.8 5.3 4.9 4.5 4.1 3.8 3.5 3.2 3.0 2.7 2.5 2.3 2.1 2.0 1.8 1.7 1.5 1.4
8.2 6.0 5.6 5.2 4.8 4.4 4.0 3.7 3.4 3.1 2.9 2.7 2.4 2.3 2.1 1.9 1.8 1.6 1.5 1.4 1.3 1.2
8.3 4.9 4.6 4.3 3.9 3.6 3.3 3.1 2.8 2.6 2.4 2.2 2.0 1.9 1.7 1.6 1.4 1.3 1.2 1.1 1.0 0.96
8.4 4.1 3.8 3.5 3.2 3.0 2.7 2.5 2.3 2.1 2.0 1.8 1.7 1.5 1.4 1.3 1.2 1.1 1.0 0.93 0.86 0.79
8.5 3.3 3.1 2.9 2.7 2.4 2.3 2.1 1.9 1.8 1.6 1.5 1.4 1.3 1.2 1.1 1.0 0.90 0.83 0.77 0.71 0.65
8.6 2.8 2.6 2.4 2.2 2.0 1.9 1.7 1.6 1.5 1.3 1.2 1.1 1.0 1.0 0.88 0.81 0.75 0.69 0.63 0.58 0.54
8.7 2.3 2.2 2.0 1.8 1.7 1.6 1.4 1.3 1.2 1.1 1.0 0.94 0.87 0.80 0.74 0.68 0.62 0.57 0.53 0.49 0.45
8.8 1.9 1.8 1.7 1.5 1.4 1.3 1.2 1.1 1.0 0.93 0.86 0.79 0.73 0.67 0.62 0.57 0.52 0.48 0.44 0.41 0.37
8.9 1.6 1.5 1.4 1.3 1.2 1.1 1.0 0.93 0.85 0.79 0.72 0.67 0.61 0.56 0.52 0.48 0.44 0.40 0.37 0.34 0.32
9.0 1.4 1.3 1.2 1.1 1.0 0.93 0.86 0.79 0.73 0.67 0.62 0.57 0.52 0.48 0.44 0.41 0.37 0.34 0.32 0.29 0.27
27
Table A2: Temperature and pH-Dependent Values of the Acute Criterion for
Total Ammonia Nitrogen; Unionid Mussels Absent
pH Temperature, Celsius
0-14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30
6.5 51 51 51 51 51 51 51 51 51 48 44 40 37 34 31 29 27
6.6 49 49 49 49 49 49 49 49 49 46 42 39 36 33 30 28 26
6.7 46 46 46 46 46 46 46 46 46 43 40 37 34 31 29 26 24
6.8 44 44 44 44 44 44 44 44 44 41 38 35 32 29 27 25 23
6.9 41 41 41 41 41 41 41 41 41 38 35 32 30 27 25 23 21
7.0 38 38 38 38 38 38 38 38 38 35 32 30 27 25 23 21 20
7.1 34 34 34 34 34 34 34 34 34 32 29 27 25 23 21 19 18
7.2 31 31 31 31 31 31 31 31 31 29 26 24 22 21 19 17 16
7.3 27 27 27 27 27 27 27 27 27 26 23 22 20 18 17 16 14
7.4 24 24 24 24 24 24 24 24 24 22 21 19 17 16 15 14 13
7.5 21 21 21 21 21 21 21 21 21 19 18 16 15 14 13 12 11
7.6 18 18 18 18 18 18 18 18 18 17 15 14 13 12 11 10 9.3
7.7 15 15 15 15 15 15 15 15 15 14 13 12 11 10 9.3 8.6 7.9
7.8 13 13 13 13 13 13 13 13 13 12 11 10 9.2 8.5 7.8 7.2 6.6
7.9 11 11 11 11 11 11 11 11 11 9.9 9.1 8.4 7.7 7.1 6.5 6.0 5.5
8.0 8.8 8.8 8.8 8.8 8.8 8.8 8.8 8.8 8.8 8.2 7.5 6.9 6.4 5.9 5.4 5.0 4.6
8.1 7.3 7.3 7.3 7.3 7.3 7.3 7.3 7.3 7.3 6.8 6.2 5.7 5.3 4.9 4.5 4.1 3.8
8.2 6.0 6.0 6.0 6.0 6.0 6.0 6.0 6.0 6.0 5.6 5.1 4.7 4.4 4.0 3.7 3.4 3.1
8.3 4.9 4.9 4.9 4.9 4.9 4.9 4.9 4.9 4.9 4.6 4.2 3.9 3.6 3.3 3.0 2.8 2.6
8.4 4.1 4.1 4.1 4.1 4.1 4.1 4.1 4.1 4.1 3.8 3.4 3.2 3.0 2.7 2.5 2.3 2.1
8.5 3.3 3.3 3.3 3.3 3.3 3.3 3.3 3.3 3.3 3.1 2.9 2.6 2.4 2.2 2.1 1.9 1.8
8.6 2.8 2.8 2.8 2.8 2.8 2.8 2.8 2.8 2.8 2.6 2.4 2.2 2.0 1.9 1.7 1.6 1.4
8.7 2.3 2.3 2.3 2.3 2.3 2.3 2.3 2.3 2.3 2.2 2.0 1.8 1.7 1.5 1.4 1.3 1.2
8.8 1.9 1.9 1.9 1.9 1.9 1.9 1.9 1.9 1.9 1.8 1.7 1.5 1.4 1.3 1.2 1.1 1.0
8.9 1.6 1.6 1.6 1.6 1.6 1.6 1.6 1.6 1.6 1.5 1.4 1.3 1.2 1.1 1.0 0.92 0.85
9.0 1.4 1.4 1.4 1.4 1.4 1.4 1.4 1.4 1.4 1.3 1.2 1.1 1.0 0.93 0.85 0.78 0.72
28
Table A3: Temperature and pH-Dependent Values of the Chronic Criterion for Total Ammonia Nitrogen;
Unionid Mussels Present
pH Temperature, Celsius
0-7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30
6.5 4.9 4.6 4.3 4.1 3.8 3.6 3.3 3.1 2.9 2.8 2.6 2.4 2.3 2.1 2.0 1.9 1.8 1.6 1.5 1.5 1.4 1.3 1.2 1.1
6.6 4.8 4.5 4.3 4.0 3.8 3.5 3.3 3.1 2.9 2.7 2.5 2.4 2.2 2.1 2.0 1.8 1.7 1.6 1.5 1.4 1.3 1.3 1.2 1.1
6.7 4.8 4.5 4.2 3.9 3.7 3.5 3.2 3.0 2.8 2.7 2.5 2.3 2.2 2.1 1.9 1.8 1.7 1.6 1.5 1.4 1.3 1.2 1.2 1.1
6.8 4.6 4.4 4.1 3.8 3.6 3.4 3.2 3.0 2.8 2.6 2.4 2.3 2.1 2.0 1.9 1.8 1.7 1.6 1.5 1.4 1.3 1.2 1.1 1.1
6.9 4.5 4.2 4.0 3.7 3.5 3.3 3.1 2.9 2.7 2.5 2.4 2.2 2.1 2.0 1.8 1.7 1.6 1.5 1.4 1.3 1.2 1.2 1.1 1.0
7.0 4.4 4.1 3.8 3.6 3.4 3.2 3.0 2.8 2.6 2.4 2.3 2.2 2.0 1.9 1.8 1.7 1.6 1.5 1.4 1.3 1.2 1.1 1.1 1.0
7.1 4.2 3.9 3.7 3.5 3.2 3.0 2.8 2.7 2.5 2.3 2.2 2.1 1.9 1.8 1.7 1.6 1.5 1.4 1.3 1.2 1.2 1.1 1.0 1.0
7.2 4.0 3.7 3.5 3.3 3.1 2.9 2.7 2.5 2.4 2.2 2.1 2.0 1.8 1.7 1.6 1.5 1.4 1.3 1.3 1.2 1.1 1.0 1.0 0.90
7.3 3.8 3.5 3.3 3.1 2.9 2.7 2.6 2.4 2.2 2.1 2.0 1.8 1.7 1.6 1.5 1.4 1.3 1.3 1.2 1.1 1.0 1.0 0.91 0.85
7.4 3.5 3.3 3.1 2.9 2.7 2.5 2.4 2.2 2.1 2.0 1.8 1.7 1.6 1.5 1.4 1.3 1.3 1.2 1.1 1.0 1.0 0.90 0.85 0.79
7.5 3.2 3.0 2.8 2.7 2.5 2.3 2.2 2.1 1.9 1.8 1.7 1.6 1.5 1.4 1.3 1.2 1.2 1.1 1.0 1.0 0.89 0.83 0.78 0.73
7.6 2.9 2.8 2.6 2.4 2.3 2.1 2.0 1.9 1.8 1.6 1.5 1.4 1.4 1.3 1.2 1.1 1.1 1.0 0.92 0.86 0.81 0.76 0.71 0.67
7.7 2.6 2.4 2.3 2.2 2.0 1.9 1.8 1.7 1.6 1.5 1.4 1.3 1.2 1.1 1.1 1.0 0.94 0.88 0.83 0.78 0.73 0.68 0.64 0.60
7.8 2.3 2.2 2.1 1.9 1.8 1.7 1.6 1.5 1.4 1.3 1.2 1.2 1.1 1.0 1.0 0.89 0.84 0.79 0.74 0.69 0.65 0.61 0.57 0.53
7.9 2.1 1.9 1.8 1.7 1.6 1.5 1.4 1.3 1.2 1.2 1.1 1.0 1.0 0.89 0.84 0.79 0.74 0.69 0.65 0.61 0.57 0.53 0.50 0.47
8.0 1.8 1.7 1.6 1.5 1.4 1.3 1.2 1.1 1.1 1.0 0.94 0.88 0.83 0.78 0.73 0.68 0.64 0.60 0.56 0.53 0.50 0.44 0.44 0.41
8.1 1.5 1.5 1.4 1.3 1.2 1.1 1.1 1.0 0.92 0.87 0.81 0.76 0.71 0.67 0.63 0.59 0.55 0.52 0.49 0.46 0.43 0.40 0.38 0.35
8.2 1.3 1.2 1.2 1.1 1.0 1.0 0.90 0.84 0.79 0.74 0.70 0.65 0.61 0.57 0.54 0.50 0.47 0.44 0.42 0.39 0.37 0.34 0.32 0.30
8.3 1.1 1.1 1.0 0.93 0.87 0.82 0.76 0.72 0.67 0.63 0.59 0.55 0.52 0.49 0.46 0.43 0.40 0.38 0.35 0.33 0.31 0.29 0.27 0.26
8.4 0.95 0.89 0.84 0.79 0.74 0.69 0.65 0.61 0.57 0.53 0.50 0.47 0.44 0.41 0.39 0.36 0.34 0.32 0.30 0.28 0.26 0.25 0.23 0.22
8.5 0.80 0.75 0.71 0.67 0.62 0.58 0.55 0.51 0.48 0.45 0.42 0.40 0.37 0.35 0.33 0.31 0.29 0.27 0.25 0.24 0.22 0.21 0.20 0.18
8.6 0.68 0.64 0.60 0.56 0.53 0.49 0.46 0.43 0.41 0.38 0.36 0.33 0.31 0.29 0.28 0.26 0.24 0.23 0.21 0.20 0.19 0.18 0.16 0.15
8.7 0.57 0.54 0.51 0.47 0.44 0.42 0.39 0.37 0.34 0.32 0.30 0.28 0.27 0.25 0.23 0.22 0.21 0.19 0.18 0.17 0.16 0.15 0.14 0.13
8.8 0.49 0.46 0.43 0.40 0.38 0.35 0.33 0.31 0.29 0.27 0.26 0.24 0.23 0.21 0.20 0.19 0.17 0.16 0.15 0.14 0.13 0.13 0.12 0.11
8.9 0.42 0.39 0.37 0.34 0.32 0.30 0.28 0.27 0.25 0.23 0.22 0.21 0.19 0.18 0.17 0.16 0.15 0.14 0.13 0.12 0.12 0.11 0.10 0.09
9.0 0.36 0.34 0.32 0.30 0.28 0.26 0.24 0.23 0.21 0.20 0.19 0.18 0.17 0.16 0.15 0.14 0.13 0.12 0.11 0.11 0.10 0.09 0.09 0.08
29
Table A4: Temperature and pH-Dependent Values of the Chronic
Criterion for Total Ammonia Nitrogen; Unionid Mussels
Absent and Fish Early Life Stages Present (March 1 –
October 31)
pH Temperature, Celsius
0-14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30
6.5 7.3 7.3 7.3 7.3 7.3 7.3 7.3 7.3 7.0 6.6 6.2 5.8 5.4 5.1 4.8 4.5 4.2
6.6 7.2 7.2 7.2 7.2 7.2 7.2 7.2 7.2 6.9 6.5 6.1 5.7 5.4 5.0 4.7 4.4 4.1
6.7 7.1 7.1 7.1 7.1 7.1 7.1 7.1 7.1 6.8 6.4 6.0 5.6 5.3 4.9 4.6 4.3 4.1
6.8 6.9 6.9 6.9 6.9 6.9 6.9 6.9 6.9 6.6 6.2 5.8 5.5 5.1 4.8 4.5 4.2 4.0
6.9 6.7 6.7 6.7 6.7 6.7 6.7 6.7 6.7 6.5 6.1 5.7 5.3 5.0 4.7 4.4 4.1 3.9
7.0 6.5 6.5 6.5 6.5 6.5 6.5 6.5 6.5 6.2 5.8 5.5 5.1 4.8 4.5 4.2 4.0 3.7
7.1 6.2 6.2 6.2 6.2 6.2 6.2 6.2 6.2 6.0 5.6 5.3 4.9 4.6 4.3 4.1 3.8 3.6
7.2 5.9 5.9 5.9 5.9 5.9 5.9 5.9 5.9 5.7 5.3 5.0 4.7 4.4 4.1 3.9 3.6 3.4
7.3 5.6 5.6 5.6 5.6 5.6 5.6 5.6 5.6 5.4 5.0 4.7 4.4 4.1 3.9 3.6 3.4 3.2
7.4 5.2 5.2 5.2 5.2 5.2 5.2 5.2 5.2 5.0 4.7 4.4 4.1 3.9 3.6 3.4 3.2 3.0
7.5 4.8 4.8 4.8 4.8 4.8 4.8 4.8 4.8 4.6 4.3 4.1 3.8 3.6 3.3 3.1 2.9 2.8
7.6 4.4 4.4 4.4 4.4 4.4 4.4 4.4 4.4 4.2 3.9 3.7 3.5 3.2 3.0 2.9 2.7 2.5
7.7 3.9 3.9 3.9 3.9 3.9 3.9 3.9 3.9 3.8 3.5 3.3 3.1 2.9 2.7 2.6 2.4 2.3
7.8 3.5 3.5 3.5 3.5 3.5 3.5 3.5 3.5 3.4 3.2 3.0 2.8 2.6 2.4 2.3 2.1 2.0
7.9 3.1 3.1 3.1 3.1 3.1 3.1 3.1 3.1 3.0 2.8 2.6 2.4 2.3 2.1 2.0 1.9 1.8
8.0 2.7 2.7 2.7 2.7 2.7 2.7 2.7 2.7 2.6 2.4 2.3 2.1 2.0 1.9 1.7 1.6 1.5
8.1 2.3 2.3 2.3 2.3 2.3 2.3 2.3 2.3 2.2 2.1 1.9 1.8 1.7 1.6 1.5 1.4 1.3
8.2 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 1.9 1.8 1.7 1.6 1.5 1.4 1.3 1.2 1.1
8.3 1.7 1.7 1.7 1.7 1.7 1.7 1.7 1.7 1.6 1.5 1.4 1.3 1.2 1.2 1.1 1.0 0.96
8.4 1.4 1.4 1.4 1.4 1.4 1.4 1.4 1.4 1.4 1.3 1.2 1.1 1.1 0.99 0.93 0.87 0.81
8.5 1.2 1.2 1.2 1.2 1.2 1.2 1.2 1.2 1.2 1.1 1.0 0.95 0.89 0.83 0.78 0.73 0.69
8.6 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 0.97 0.91 0.85 0.80 0.75 0.70 0.66 0.62 0.58
8.7 0.86 0.86 0.86 0.86 0.86 0.86 0.86 0.86 0.82 0.77 0.72 0.68 0.64 0.60 0.56 0.52 0.49
8.8 0.73 0.73 0.73 0.73 0.73 0.73 0.73 0.73 0.70 0.65 0.61 0.58 0.54 0.51 0.47 0.44 0.42
8.9 0.62 0.62 0.62 0.62 0.62 0.62 0.62 0.62 0.60 0.56 0.52 0.49 0.46 0.43 0.41 0.38 0.36
9.0 0.54 0.54 0.54 0.54 0.54 0.54 0.54 0.54 0.51 0.48 0.45 0.42 0.40 0.37 0.35 0.33 0.31
30
Table A5: Temperature and pH-Dependent Values of the Chronic Criterion for Total Ammonia Nitrogen;
Unionid Mussels Absent and Fish Early Life Stages Absent (November 1 – February 29)
pH Temperature, Celsius
0-7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30
6.5 19 17 16 15 14 13 13 12 11 10 9.7 9.1 8.5 8.0 7.5 7.0 6.6 6.2 5.8 5.4 5.1 4.8 4.5 4.2
6.6 18 17 16 15 14 13 12 12 11 10 9.6 9.0 8.4 7.9 7.4 6.9 6.5 6.1 5.7 5.4 5.0 4.7 4.4 4.1
6.7 18 17 16 15 14 13 12 11 11 10 9.4 8.8 8.3 7.7 7.3 6.8 6.4 6.0 5.6 5.3 4.9 4.6 4.3 4.1
6.8 17 16 15 14 14 13 12 11 10 9.8 9.2 8.6 8.1 7.6 7.1 6.7 6.2 5.8 5.5 5.1 4.8 4.5 4.2 4.0
6.9 17 16 15 14 13 12 12 11 10 9.5 8.9 8.4 7.8 7.4 6.9 6.5 6.1 5.7 5.3 5.0 4.7 4.4 4.1 3.9
7.0 16 15 14 14 13 12 11 10 9.8 9.2 8.6 8.1 7.6 7.1 6.7 6.2 5.9 5.5 5.1 4.8 4.5 4.2 4.0 3.7
7.1 16 15 14 13 12 11 11 10 9.4 8.8 8.3 7.7 7.3 6.8 6.4 6.0 5.6 5.3 4.9 4.6 4.3 4.1 3.8 3.6
7.2 15 14 13 12 12 11 10 9.5 9.0 8.4 7.9 7.4 6.9 6.5 6.1 5.7 5.3 5.0 4.7 4.4 4.1 3.9 3.6 3.4
7.3 14 13 12 12 11 10 9.6 9.0 8.4 7.9 7.4 6.9 6.5 6.1 5.7 5.4 5.0 4.7 4.4 4.1 3.9 3.6 3.4 3.2
7.4 13 12 12 11 10 9.5 9.0 8.4 7.9 7.4 6.9 6.5 6.1 5.7 5.3 5.0 4.7 4.4 4.1 3.9 3.6 3.4 3.2 3.0
7.5 12 11 11 10 9.4 8.8 8.2 7.7 7.2 6.8 6.4 6.0 5.6 5.2 4.9 4.6 4.3 4.1 3.8 3.6 3.3 3.1 2.9 2.8
7.6 11 10 10 9.1 8.5 8.0 7.5 7.0 6.6 6.2 5.8 5.4 5.1 4.8 4.5 4.2 3.9 3.7 3.5 3.2 3.0 2.9 2.7 2.5
7.7 9.9 9.3 8.7 8.1 7.7 7.2 6.8 6.3 5.9 5.6 5.2 4.9 4.6 4.3 4.0 3.8 3.5 3.3 3.1 2.9 2.7 2.6 2.4 2.3
7.8 8.8 8.3 7.8 7.3 6.8 6.4 6.0 5.6 5.3 5.0 4.6 4.4 4.1 3.8 3.6 3.4 3.2 3.0 2.8 2.6 2.4 2.3 2.1 2.0
7.9 7.8 7.3 6.8 6.4 6.0 5.6 5.3 5.0 4.6 4.4 4.1 3.8 3.6 3.4 3.2 3.0 2.8 2.6 2.4 2.3 2.1 2.0 1.9 1.8
8.0 6.8 6.3 6.0 5.6 5.2 4.9 4.6 4.3 4.0 3.8 3.6 3.3 3.1 2.9 2.7 2.6 2.4 2.3 2.1 2.0 1.9 1.7 1.6 1.5
8.1 5.8 5.5 5.1 4.8 4.5 4.2 4.0 3.7 3.5 3.3 3.1 2.9 2.7 2.5 2.4 2.2 2.1 2.0 1.8 1.7 1.6 1.5 1.4 1.3
8.2 5.0 4.7 4.4 4.1 3.9 3.6 3.4 3.2 3.0 2.8 2.6 2.5 2.3 2.2 2.0 1.9 1.8 1.7 1.6 1.5 1.4 1.3 1.2 1.1
8.3 4.2 4.0 3.7 3.5 3.3 3.1 2.9 2.7 2.5 2.4 2.2 2.1 2.0 1.8 1.7 1.6 1.5 1.4 1.3 1.2 1.2 1.1 1.0 1.0
8.4 3.6 3.4 3.2 3.0 2.8 2.6 2.4 2.3 2.1 2.0 1.9 1.8 1.7 1.6 1.5 1.4 1.3 1.2 1.1 1.1 1.0 0.92 0.87 0.81
8.5 3.0 2.8 2.7 2.5 2.3 2.2 2.1 1.9 1.8 1.7 1.6 1.5 1.4 1.3 1.2 1.2 1.1 1.0 1.0 0.89 0.83 0.78 0.73 0.69
8.6 2.6 2.4 2.2 2.1 2.0 1.9 1.7 1.6 1.5 1.4 1.3 1.3 1.2 1.1 1.0 1.0 0.91 0.85 0.80 0.75 0.70 0.66 0.62 0.58
8.7 2.2 2.0 1.9 1.8 1.7 1.6 1.5 1.4 1.3 1.2 1.1 1.1 1.0 0.93 0.88 0.82 0.77 0.72 0.68 0.63 0.60 0.56 0.52 0.49
8.8 1.8 1.7 1.6 1.5 1.4 1.3 1.3 1.2 1.1 1.0 1.0 0.90 0.85 0.79 0.74 0.70 0.65 0.61 0.58 0.54 0.51 0.47 0.44 0.42
8.9 1.6 1.5 1.4 1.3 1.2 1.1 1.1 1.0 0.94 0.88 0.82 0.77 0.72 0.68 0.64 0.60 0.56 0.52 0.49 0.46 0.43 0.40 0.38 0.36
9.0 1.4 1.3 1.2 1.1 1.0 1.0 0.92 0.87 0.81 0.76 0.71 0.66 0.62 0.58 0.55 0.51 0.48 0.45 0.42 0.40 0.37 0.35 0.33 0.31
31
Appendix B
Dissolved Metals Criteria
32
Appendix C
Critical Flow Values
Minimum Minimum
7-day 1-day Harmonic
FROM TO 10-year 10-year Mean
2
Low-Flow, Low-Flow, Flow, cfs
1 2
cfs cfs
Pittsburgh (MP 0.0) Montgomery Dam (MP 31.7) 4,730 4,200 16,200
Montgomery Dam (MP 31.7) Willow Island Dam (MP 161.7) 5,880 5,000 20,500
Willow Island Dam (MP 161.7) Racine Dam (MP 237.5) 6,560 5,170 24,500
Racine Dam (MP 237.5) R.C. Byrd Dam (MP 279.2) 6,700 5,170 26,000
R.C. Byrd Dam (MP 279.2) Guyandotte River (MP 305.2) 9,120 5,870 34,500
Guyandotte River (MP 305.2) Big Sandy River (MP 317.1) 9,300 6,000 35,900
Big Sandy River (MP 317.1) Greenup Dam (MP 341.0) 10,000 7,000 38,400
Greenup Dam (MP 341.0) Meldahl Dam (MP 436.2) 10,600 7,960 42,100
Meldahl Dam (MP 436.2) McAlpine Dam (MP 606.8) 10,600 8,670 45,300
McAlpine Dam (MP 606.8) Newburgh Dam (MP 776.1) 11,000 8,670 49,000
Newburgh Dam (MP 776.1) J.T. Myers Dam (MP 846.0) 12,900 10,000 60,900
J.T. Myers Dam (MP 846.0) Smithland Dam (MP 918.5) 16,900 12,700 78,600
Smithland Dam (MP 918.5) Cairo Point (MP 981.0) 51,000 40,900 175,000
1
Minimum 7-day, 10-year flow (in cubic feet per second) provided by the U.S. Army Corps of Engineers.
2
Based on Commission analysis of stream flow data provided by the U.S. Army Corps of Engineers.
33
Appendix D
Great Lakes Water Quality Initiative Methodologies for
Development of Aquatic Life Criteria and Values
I. Definitions
1. Each separate chemical that does not ionize substantially in most natural
bodies of water should usually be considered a separate material, except
possibly for structurally similar organic compounds that only exist in large
quantities as commercial mixtures of the various compounds and
apparently have similar biological, chemical, physical, and toxicological
properties.
34
method would require measurement in the field or would allow
measurement after samples are transported to a laboratory.
4. It is now the policy of U.S. EPA that the use of dissolved metals to set and
measure compliance with water quality standards is the recommended
approach, because dissolved metals more closely approximates the
bioavailable fraction of metal in the water column than does total
recoverable metal. One reason is that a primary mechanism for water
column toxicity is adsorption at the gill surface which requires metals to
be in the dissolved form. Reasons for the consideration of total recoverable
metals criteria include risk management considerations not covered by
evaluation of water column toxicity. A risk manager may consider
sediments and food chain effects and may decide to take a conservative
approach for metals, considering that metals are very persistent chemicals.
This approach could include the use of total recoverable metals in water
35
quality standards. A range of different risk management decisions can be
justified. U.S. EPA recommends that State water quality standards be
based on dissolved metals. U.S. EPA will also approve a State risk
management decision to adopt standards based on total recoverable metals,
if those standards are otherwise approvable under this program.
B. Acute Toxicity. Concurrent and delayed adverse effect(s) that results from an
acute exposure and occurs within any short observation period which begins when
the exposure begins, may extend beyond the exposure period, and usually does not
constitute a substantial portion of the life span of the organism. (Concurrent
toxicity is an adverse effect to an organism that results from, and occurs during,
its exposure to one or more test materials.) Exposure constitutes contact with a
chemical or physical agent. Acute exposure, however, is exposure of an organism
for any short period which usually does not constitute a substantial portion of its
life span.
C. Chronic Toxicity. Concurrent and delayed adverse effect(s) that occurs only as a
result of a chronic exposure. Chronic exposure is exposure of an organism for any
long period or for a substantial portion of its life span.
B. All data that are used should be available in typed, dated, and signed hard copy
(e.g., publication, manuscript, letter, memorandum, etc.) with enough supporting
information to indicate that acceptable test procedures were used and that the
results are reliable. In some cases, it might be appropriate to obtain written
information from the investigator, if possible. Information that is not available for
distribution shall not be used.
1. Brine shrimp, because they usually only occur naturally in water with
salinity greater than 35 g/kg.
A. Certain data should be available to help ensure that each of the major kinds of
possible adverse effects receives adequate consideration. An adverse effect is a
change in an organism that is harmful to the organism. Exposure means contact
with a chemical or physical agent. Results of acute and chronic toxicity tests with
representative species of aquatic animals are necessary so that data available for
tested species can be considered a useful indication of the sensitivities of
appropriate untested species. Fewer data concerning toxicity to aquatic plants are
usually available because procedures for conducting tests with plants and
interpreting the results of such tests are not as well developed.
B. To derive a Tier I criterion for aquatic organisms and their uses, the following
must be available:
37
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.
C. If all required data are available, a numerical criterion can usually be derived
except in special cases. For example, derivation of a chronic criterion might not
be possible if the available ACRs vary by more than a factor of ten with no
apparent pattern. Also, if a criterion is to be related to a water quality
characteristic (see sections V and VII of this appendix), more data will be
required.
B. Acute toxicity tests shall be conducted using acceptable procedures. For good
examples of acceptable procedures see American Society for Testing and
38
Materials (ASTM) Standard E 729, Guide for Conducting Acute Toxicity Tests
with Fishes, Macroinvertebrates and Amphibians.
C. Results of acute tests during which the test organisms were fed should not be
used, unless data indicate that the food did not affect the toxicity of the test
material.
D. Results of acute tests conducted in unusual dilution water, e.g., dilution water in
which total organic carbon or particulate matter exceeded five mg/L, should not
be used, unless a relationship is developed between acute toxicity and organic
carbon or particulate matter, or unless data show that organic carbon or particulate
matter, etc., do not affect toxicity.
E. Acute values must be based upon endpoints which reflect the total severe adverse
impact of the test material on the organisms used in the test. Therefore, only the
following kinds of data on acute toxicity to aquatic animals shall be used:
1. Tests with daphnids and other cladocerans must be started with organisms
less than 24 hours old and tests with midges must be started with second
or third instar larvae. It is preferred that the results should be the 48-hour
EC50 based on the total percentage of organisms killed and immobilized.
If such an EC50 is not available for a test, the 48-hour LC50 should be
used in place of the desired 48-hour EC50. An EC50 or LC50 of longer
than 48 hours can be used as long as the animals were not fed and the
control animals were acceptable at the end of the test. An EC50 is a
statistically or graphically estimated concentration that is expected to
cause one or more specified effects in 50 percent of a group of organisms
under specified conditions. An LC50 is a statistically or graphically
estimated concentration that is expected to be lethal to 50 percent of a
group of organisms under specified conditions.
3. It is preferred that the result of tests with all other aquatic animal species
and older life stages of barnacles, bivalve mollusks (clams, mussels,
oysters and scallops), sea urchins, lobsters, crabs, shrimp and abalones be
the 96-hour EC50 based on percentage of organisms exhibiting loss of
39
equilibrium plus percentage of organisms immobilized plus percentage of
organisms killed. If such an EC50 is not available from a test, of the
values that are available from a test the lower of the following should be
used in place of the desired 96-hour EC50: the 96-hour EC50 based on
percentage of organisms exhibiting loss of equilibrium plus percentage of
organisms immobilized and the 96-hour LC50.
4. Tests whose results take into account the number of young produced, such
as most tests with protozoans, are not considered acute tests, even if the
duration was 96 hours or less.
F. If the acute toxicity of the material to aquatic animals has been shown to be
related to a water quality characteristic such as hardness or particulate matter for
freshwater animals, refer to section V of this appendix.
G. The agreement of the data within and between species must be considered. Acute
values that appear to be questionable in comparison with other acute and chronic
data for the same species and for other species in the same genus must not be
used. For example, if the acute values available for a species or genus differ by
more than a factor of ten, rejection of some or all of the values would be
appropriate, absent countervailing circumstances.
H. If the available data indicate that one or more life stages are at least a factor of two
more resistant than one or more other life stages of the same species, the data for
the more resistant life stages must not be used in the calculation of the SMAV
because a species cannot be considered protected from acute toxicity if all of the
life stages are not protected.
I. For each species for which at least one acute value is available, the SMAV shall
be calculated as the geometric mean of the results of all acceptable flow-through
acute toxicity tests in which the concentrations of test material were measured
with the most sensitive tested life stage of the species. For a species for which no
such result is available, the SMAV shall be calculated as the geometric mean of
all acceptable acute toxicity tests with the most sensitive tested life stage, i.e.,
results of flow-through tests in which the concentrations were not measured and
results of static and renewal tests based on initial concentrations (nominal
concentrations are acceptable for most test materials if measured concentrations
are not available) of test material. A renewal test is a test with aquatic organisms
in which either the test solution in a test chamber is removed and replaced at least
once during the test or the test organisms are transferred into a new test solution
of the same composition at least once during the test. A static test is a test with
aquatic organisms in which the solution and organisms that are in a test chamber
40
at the beginning of the test remain in the chamber until the end of the test, except
for removal of dead test organisms.
Note 1: Data reported by original investigators must not be rounded off. Results
of all intermediate calculations must not be rounded off to fewer than four
significant digits.
Note 2: The geometric mean of N numbers is the Nth root of the product of the N
numbers. Alternatively, the geometric mean can be calculated by adding the
logarithms of the N numbers, dividing the sum by N, and taking the antilog of the
quotient. The geometric mean of two numbers is the square root of the product of
the two numbers, and the geometric mean of one number is that number. Either
natural (base e) or common (base 10) logarithms can be used to calculate
geometric means as long as they are used consistently within each set of data, i.e.,
the antilog used must match the logarithms used.
Note 3: Geometric means, rather than arithmetic means, are used here because
the distributions of sensitivities of individual organisms in toxicity tests on most
materials and the distributions of sensitivities of species within a genus are more
likely to be lognormal than normal. Similarly, geometric means are used for
ACRs because quotients are likely to be closer to lognormal than normal
distributions. In addition, division of the geometric mean of a set of numerators
by the geometric mean of the set of denominators will result in the geometric
mean of the set of corresponding quotients.
J. For each genus for which one or more SMAVs are available, the GMAV shall be
calculated as the geometric mean of the SMAVs available for the genus.
L. Assign ranks, R, to the GMAVs from "1" for the lowest to "N" for the highest. If
two or more GMAVs are identical, assign them successive ranks.
N. Select the four GMAVs which have cumulative probabilities closest to 0.05 (if
there are fewer than 59 GMAVs, these will always be the four lowest GMAVs).
41
( ln GMAV) S( ( P ))
L=
4
( ( ln GMAV) )2
(( ln GMAV ) ) 2
2 4
S =
( ( P ) ) 2
(P)
4
A = S( 0.05 )+ L
Note: Natural logarithms (logarithms to base e, denoted as ln) are used herein
merely because they are easier to use on some hand calculators and computers
than common (base 10) logarithms. Consistent use of either will produce the
same result.
A. When enough data are available to show that acute toxicity to two or more species
is similarly related to a water quality characteristic, the relationship shall be taken
into account as described in sections V.B through V.G of this appendix or using
analysis of covariance. The two methods are equivalent and produce identical
results. The manual method described below provides an understanding of this
application of covariance analysis, but computerized versions of covariance
analysis are much more convenient for analyzing large data sets. If two or more
factors affect toxicity, multiple regression analysis shall be used.
B. For each species for which comparable acute toxicity values are available at two
or more different values of the water quality characteristic, perform a least squares
regression of the acute toxicity values on the corresponding values of the water
quality characteristic to obtain the slope and its 95 percent confidence limits for
each species.
Note: Because the best documented relationship is that between hardness and
acute toxicity of metals in fresh water and a log-log relationship fits these data,
geometric means and natural logarithms of both toxicity and water quality are
used in the rest of this section. For relationships based on other water quality
42
characteristics, such as pH or temperature, no transformation or a different
transformation might fit the data better, and appropriate changes will be necessary
throughout this section.
C. Decide whether the data for each species are relevant, taking into account the
range and number of the tested values of the water quality characteristic and the
degree of agreement within and between species. For example, a slope based on
six data points might be of limited value if it is based only on data for a very
narrow range of values of the water quality characteristic. A slope based on only
two data points, however, might be useful if it is consistent with other information
and if the two points cover a broad enough range of the water quality
characteristic. In addition, acute values that appear to be questionable in
comparison with other acute and chronic data available for the same species and
for other species in the same genus should not be used. For example, if after
adjustment for the water quality characteristic, the acute values available for a
species or genus differ by more than a factor of ten, rejection of some or all of the
values would be appropriate, absent countervailing justification. If useful slopes
are not available for at least one fish and one invertebrate or if the available slopes
are too dissimilar or if too few data are available to adequately define the
relationship between acute toxicity and the water quality characteristic, return to
section IV.G of this appendix, using the results of tests conducted under
conditions and in waters similar to those commonly used for toxicity tests with the
species.
D. For each species, calculate the geometric mean of the available acute values and
then divide each of the acute values for the species by the geometric mean for the
species. This normalizes the acute values so that the geometric mean of the
normalized values for each species individually and for any combination of
species is 1.0.
E. Similarly, normalize the values of the water quality characteristic for each species
individually using the same procedure as above.
F. Individually for each species, perform a least squares regression of the normalized
acute values of the water quality characteristic. The resulting slopes and 95
percent confidence limits will be identical to those obtained in section V.B. of this
appendix. If, however, the data are actually plotted, the line of best fit for each
individual species will go through the point 1,1 in the center of the graph.
G. Treat all of the normalized data as if they were all for the same species and
perform a least squares regression of all of the normalized acute values on the
corresponding normalized values of the water quality characteristic to obtain the
pooled acute slope, V, and its 95 percent confidence limits. If all of the
normalized data are actually plotted, the line of best fit will go through the point
1,1 in the center of the graph.
43
H. For each species, calculate the geometric mean, W, of the acute toxicity values
and the geometric mean, X, of the values of the water quality characteristic.
(These were calculated in sections V.D and V.E of this appendix.)
I. For each species, calculate the logarithm, Y, of the SMAV at a selected value, Z,
of the water quality characteristic using the equation:
Y = ln W - V(ln X - ln Z)
SMAV = eY
K. Obtain the FAV at Z by using the procedure described in sections IV.J through
IV.O of this appendix.
Because V, A, and Z are known, the FAV can be calculated for any selected value
of the water quality characteristic.
A. Depending on the data that are available concerning chronic toxicity to aquatic
animals, the Final Chronic Value (FCV) can be calculated in the same manner as
the FAV or by dividing the FAV by the Final Acute-Chronic Ratio (FACR). In
some cases, it might not be possible to calculate a FCV. The FCV is (a) a
calculated estimate of the concentration of a test material such that 95 percent of
the genera (with which acceptable chronic toxicity tests have been conducted on
the material) have higher GMCVs, or (b) the quotient of an FAV divided by an
appropriate ACR, or (c) the SMCV of an important and/or critical species, if the
44
SMCV is lower than the calculated estimate or the quotient, whichever is
applicable.
Note: As the name implies, the ACR is a way of relating acute and chronic
toxicities.
D. Results of chronic tests conducted in unusual dilution water, e.g., dilution water in
which total organic carbon or particulate matter exceeded five mg/L, should not
be used, unless a relationship is developed between chronic toxicity and organic
carbon or particulate matter, or unless data show that organic carbon, particulate
matter, etc., do not affect toxicity.
45
per female. For mysids, data should be obtained and analyzed on survival,
growth, and young per female.
3. Early life-stage toxicity tests consisting of 28-day to 32-day (60 days post
hatch for salmonids) exposures of the early life stages of a species of fish
from shortly after fertilization through embryonic, larval, and early
juvenile development. Data should be obtained and analyzed on survival
and growth.
F. A chronic value may be obtained by calculating the geometric mean of the lower
and upper chronic limits from a chronic test or by analyzing chronic data using
regression analysis.
G. If the chronic toxicity of the material to aquatic animals has been shown to be
related to a water quality characteristic such as hardness or particulate matter for
freshwater animals, refer to section VII of this appendix.
H. If chronic values are available for species in eight families as described in section
III.B.1 of this appendix, a SMCV shall be calculated for each species for which at
least one chronic value is available by calculating the geometric mean of the
results of all acceptable life-cycle and partial life-cycle toxicity tests with the
species; for a species of fish for which no such result is available, the SMCV is
the geometric mean of all acceptable early life-stage tests. Appropriate GMCVs
shall also be calculated. A GMCV is the geometric mean of the SMCVs for the
genus. The FCV shall be obtained using the procedure described in sections IV.J
through IV.O of this appendix, substituting SMCV and GMCV for SMAV and
GMAV respectively. (See section VI.M of this appendix.)
Note: Sections VI.I through VI.L of this appendix are for use when chronic
values are not available for species in eight taxonomic families as described in
section III.B.1 of this appendix.
I. For each chronic value for which at least one corresponding appropriate acute
value is available, calculate an ACR, using for the numerator the geometric mean
of the results of all acceptable flow-through (except static is acceptable for
daphnids and midges) acute tests in the same dilution water in which the
concentrations are measured. For fish, the acute test(s) should be conducted with
juveniles. The acute test(s) should be part of the same study as the chronic test. If
acute tests were not conducted as part of the same study, but were conducted as
part of a different study in the same laboratory and dilution water, then they may
be used. If no such acute tests are available, results of acute tests conducted in the
same dilution water in a different laboratory may be used. If no such acute tests
are available, an ACR shall not be calculated.
J. For each species, calculate the SMACR as the geometric mean of all ACRs
available for that species.
47
K. For some materials, the ACR seems to be the same for all species, but for other
materials the ratio seems to increase or decrease as the SMAV increases. Thus the
FACR can be obtained in three ways, depending on the data available:
2. If no major trend is apparent and the ACRs for all species are within a
factor of ten, the FACR shall be calculated as the geometric mean of all of
the SMACRs.
3. If the most appropriate SMACRs are less than 2.0, and especially if they
are less than 1.0, acclimation has probably occurred during the chronic
test. In this situation, because continuous exposure and acclimation cannot
be assured to provide adequate protection in field situations, the FACR
should be assumed to be 2.0, so that the FCV is equal to the Criterion
Maximum Concentration (CMC). (See section X.B of this appendix.)
If the available SMACRs do not fit one of these cases, a FACR may not be
obtained and a Tier I FCV probably cannot be calculated.
FCV = FAV/FACR
If there is a Final Acute Equation rather than a FAV, see Section V of this
appendix.
A. A Final Chronic Equation can be derived in two ways. The procedure described
in section VII.A of this appendix will result in the chronic slope being the same as
the acute slope. The procedure described in sections VII.B. through N of this
appendix will usually result in the chronic slope being different from the acute
slope.
1. If ACRs are available for enough species at enough values of the water
quality characteristic to indicate that the ACR appears to be the same for
all species and appears to be independent of the water quality
48
characteristic, calculate the FACR as the geometric mean of the available
SMACRs.
3. Use V = pooled acute slope (see section V.M of this appendix), and L =
pooled chronic slope.
B. When enough data are available to show that chronic toxicity to at least one
species is related to a water quality characteristic, the relationship should be taken
into account as described in Sections C through G below or using analysis of
covariance. The two methods are equivalent and produce identical results. The
manual method described below provides an understanding of this application of
covariance analysis, but computerized versions of covariance analysis are much
more convenient for analyzing large data sets. If two or more factors affect
toxicity, multiple regression analysis shall be used.
C. For each species for which comparable chronic toxicity values are available at two
or more different values of the water quality characteristic, perform a least squares
regression of the chronic toxicity values on the corresponding values of the water
quality characteristic to obtain the slope and its 95 percent confidence limits for
each species.
Note: Because the best documented relationship is that between hardness and
acute toxicity of metals in fresh water and a log-log relationship fits these data,
geometric means and natural logarithms of both toxicity and water quality are
used in the rest of this section. For relationships based on other water quality
characteristics, such as pH or temperature, no transformation or a different
transformation might fit the data better, and appropriate changes will be necessary
throughout this section. It is probably preferable, but not necessary, to use the
same transformation that was used with the acute values in section V of this
appendix.
D. Decide whether the data for each species are relevant, taking into account the
range and number of the tested values of the water quality characteristic and the
degree of agreement within and between species. For example, a slope based on
six data points might be of limited value if it is based only on data for a very
narrow range of values of the water quality characteristic. A slope based on only
two data points, however, might be more useful if it is consistent with other
information and if the two points cover a broad range of the water quality
characteristic. In addition, chronic values that appear to be questionable in
comparison with other acute and chronic data available for the same species and
for other species in the same genus in most cases should not be used. For
49
example, if after adjustment for the water quality characteristic, the chronic values
available for a species or genus differ by more than a factor of ten, rejection of
some or all of the values is, in most cases, absent countervailing circumstances,
appropriate. If a useful chronic slope is not available for at least one species or if
the available slopes are too dissimilar or if too few data are available to
adequately define the relationship between chronic toxicity and the water quality
characteristic, it might be appropriate to assume that the chronic slope is the same
as the acute slope, which is equivalent to assuming that the ACR is independent of
the water quality characteristic. Alternatively, return to section VI.H of this
appendix, using the results of tests conducted under conditions and in waters
similar to those commonly used for toxicity tests with the species.
E. Individually for each species, calculate the geometric mean of the available
chronic values and then divide each chronic value for a species by the mean for
the species. This normalizes the chronic values so that the geometric mean of the
normalized values for each species individually, and for any combination of
species, is 1.0.
F. Similarly, normalize the values of the water quality characteristic for each species
individually.
G. Individually for each species, perform a least squares regression of the normalized
chronic toxicity values on the corresponding normalized values of the water
quality characteristic. The resulting slopes and the 95 percent confidence limits
will be identical to those obtained in section VII.B of this appendix. Now,
however, if the data are actually plotted, the line of best fit for each individual
species will go through the point 1,1 in the center of the graph.
H. Treat all of the normalized data as if they were all the same species and perform a
least squares regression of all of the normalized chronic values on the
corresponding normalized values of the water quality characteristic to obtain the
pooled chronic slope, L, and its 95 percent confidence limits. If all normalized
data are actually plotted, the line of best fit will go through the point 1,1 in the
center of the graph.
I. For each species, calculate the geometric mean, M, of the toxicity values and the
geometric mean, P, of the values of the water quality characteristic. (These are
calculated in sections VII.E and F of this appendix.)
J. For each species, calculate the logarithm, Q, of the SMCV at a selected value, Z,
of the water quality characteristic using the equation:
Q = ln M - L(ln P - ln Z)
Note: Although it is not necessary, it is recommended that the same value of the
water quality characteristic be used here as was used in section V of this appendix.
50
K. For each species, calculate a SMCV at Z using the equation:
SMCV = eQ
L. Obtain the FCV at Z by using the procedure described in sections IV.J through O
of this appendix.
Because L, S, and Z are known, the FCV can be calculated for any selected value
of the water quality characteristic.
A. A Final Plant Value (FPV) is the lowest plant value that was obtained with an
important aquatic plant species in an acceptable toxicity test for which the
concentrations of the test material were measured and the adverse effect was
biologically important. Appropriate measures of the toxicity of the material to
aquatic plants are used to compare the relative sensitivities of aquatic plants and
animals. Although procedures for conducting and interpreting the results of
toxicity tests with plants are not well-developed, results of tests with plants
usually indicate that criteria which adequately protect aquatic animals and their
uses will, in most cases, also protect aquatic plants and their uses.
B. A plant value is the result of a 96-hour test conducted with an alga or a chronic
test conducted with an aquatic vascular plant.
Note: A test of the toxicity of a metal to a plant shall not be used if the medium
contained an excessive amount of a completing agent, such as EDTA, that might
51
affect the toxicity of the metal. Concentrations of EDTA above 200 μg/L should
be considered excessive.
C. The FPV shall be obtained by selecting the lowest result from a test with an
important aquatic plant species in which the concentrations of test material are
measured and the endpoint is biologically important.
Pertinent information that could not be used in earlier sections might be available
concerning adverse effects on aquatic organisms. The most important of these are data on
cumulative and delayed toxicity, reduction in survival, growth, or reproduction, or any
other adverse effect that has been shown to be biologically important. Delayed toxicity is
an adverse effect to an organism that results from, and occurs after the end of, its
exposure to one or more test materials. Especially important are data for species for
which no other data are available. Data from behavioral, biochemical, physiological,
microcosm, and field studies might also be available. Data might be available from tests
conducted in unusual dilution water (see sections IV.D and VI.D of this appendix), from
chronic tests in which the concentrations were not measured (see section VI.B of this
appendix), from tests with previously exposed organisms (see section II.F.3 of this
appendix), and from tests on formulated mixtures or emulsifiable concentrates (see
section II.D of this appendix). Such data might affect a criterion if the data were obtained
with an important species, the test concentrations were measured, and the endpoint was
biologically important.
X. Criterion
A. A criterion consists of two concentrations: the Criterion Maximum Concentration
(CMC) and the Criterion Continuous Concentration (CCC).
B. The CMC is equal to one-half the FAV. The CMC is an estimate of the highest
concentration of a material in the water column to which an aquatic community
can be exposed briefly without resulting in an unacceptable effect.
C. The CCC is equal to the lowest of the FCV or the FPV (if available) unless other
data (see section IX of this appendix) show that a lower value should be used.
The CCC is an estimate of the highest concentration of a material in the water
column to which an aquatic community can be exposed indefinitely without
resulting in an unacceptable effect. If toxicity is related to a water quality
characteristic, the CCC is obtained from the Final Chronic Equation or FPV (if
available) that results in the lowest concentrations in the usual range of the water
quality characteristic, unless other data (see section IX of this appendix) show that
a lower value should be used.
D. Round both the CMC and the CCC to two significant digits.
52
The procedures described in the Tier I methodology indicate that, except possibly
where a commercially or recreationally important species is very sensitive, aquatic
organisms should not be affected unacceptably if the four-day average
concentration of (1) does not exceed (2) μg/L more than once every three years on
the average and if the one-hour average concentration does not exceed (3) μg/L
more than once every three years on the average.
where:
(1) = Insert name of material
(2) = Insert the CCC
(3) = Insert the CMC
If the CMC averaging period of one hour or the CCC averaging period of four
days is inappropriate for the pollutant, or if the once-in-three-year allowable
excursion frequency is inappropriate for the pollutant or for the sites to which a
criterion is applied, then the State may specify alternative averaging periods or
frequencies. The choice of an alternative averaging period or frequency shall be
justified by a scientifically defensible analysis demonstrating that the alternative
values will protect the aquatic life uses of the water. Appropriate laboratory data
and/or well-designed field biological surveys shall be submitted to U.S. EPA as
justification for differing averaging periods and/or frequencies of exceedance.
3. Is the range of acute values for any species greater than a factor of ten?
4. Is the range of SMAVs for any genus greater than a factor of ten?
5. Is there more than a factor of ten difference between the four lowest
GMAVs?
53
10. Are any chronic values available for acutely sensitive species?
12. Is the FCV reasonable in comparison with the available acute and chronic
data?
16. Are there any deviations from the guidance in this part? Are they
acceptable?
B. On the basis of all available pertinent laboratory and field information, determine
if the criterion is consistent with sound scientific evidence. If it is not, another
criterion, either higher or lower, shall be derived consistent with the Guidance in
this part.
If all eight minimum data requirements for calculating an FAV using Tier I are not met, a
Secondary Acute Value (SAV) shall be calculated for a chemical as follows:
To calculate a SAV, the lowest GMAV in the database is divided by the Secondary Acute
Factor (SAF) (Table A-1 of this appendix) corresponding to the number of satisfied
minimum data requirements listed in the Tier I methodology (section III.B.1 of this
appendix). Requirements for definitions, data collection and data review, contained in
sections I, II, and IV shall be applied to calculation of a SAV. If all eight minimum data
requirements are satisfied, a Tier I criterion calculation may be possible. In order to
calculate a SAV, the database must contain, at a minimum, a genus mean acute value
(GMAV) for one of the following three genera in the family Daphnidae - Ceriodaphnia
sp., Daphnia sp., or Simocephalus sp.
54
XIII. Secondary Acute-Chronic Ratio
If three or more experimentally determined ACRs, meeting the data collection and review
requirements of section VI of this appendix, are available for the chemical, determine the
FACR using the procedure described in section VI of this appendix. If fewer than three
acceptable experimentally determined ACRs are available, use enough assumed ACRs of
18 so that the total number of ACRs equals three. Calculate the Secondary Acute-
Chronic Ratio (SACR) as the geometric mean of the three ACRs. Thus, if no
experimentally determined ACRs are available, the SACR is 18.
B. SCV = SAV
FACR
C. SCV = SAV
SACR
If for a commercially or recreationally important species the geometric mean of the acute
values or chronic values from flow-through tests in which the concentrations of the test
materials were measured is lower than the calculated SAV or SCV, then that geometric
mean must be used as the SAV or SCV instead of the calculated SAV or SCV.
C. The SCC is equal to the lowest of the SCV or the Final Plant Value, if available,
unless other data (see section IX of this appendix) show that a lower value should
be used.
55
If toxicity is related to a water quality characteristic, the SCC is obtained from the
Secondary Chronic Equation or FPV, if available, that results in the lowest
concentrations in the usual range of the water quality characteristic, unless other
data (see section IX of this appendix) show that a lower value should be used.
D. Round both the SMC and the SCC to two significant digits.
The procedures described in the Tier II methodology indicate that, except possibly
where a locally important species is very sensitive, aquatic organisms should not
be affected unacceptably if the four-day average concentration of (1) does not
exceed (2) μg/L more than once every three years on the average and if the one-
hour average concentration does not exceed (3) μg/L more than once every three
years on the average, where:
As discussed above, States and Tribes have the discretion to specify alternative
averaging periods or frequencies.
On the basis of all available pertinent laboratory and field information, determine if the
Tier II value is consistent with sound scientific evidence. If it is not, another value, either
higher or lower, shall be derived consistent with the Guidance in this part.
XVIII. Definitions
The following definitions apply in this part. Terms not defined in this section have the
meaning given by the Clean Water Act and U.S. EPA implementing regulations.
56
Acute-chronic ratio (ACR) is a standard measure of the acute toxicity of a
material divided by an appropriate measure of the chronic toxicity of the same
material under comparable conditions.
Acute toxicity is concurrent and delayed adverse effect(s) that results from an
acute exposure and occurs within any short observation period which begins when
the exposure begins, may extend beyond the exposure period, and usually does not
constitute a substantial portion of the life span of the organism.
Adverse effect is any deleterious effect to organisms due to exposure to a
substance. This includes effects which are or may become debilitating, harmful or
toxic to the normal functions of the organism, but does not include non-harmful
effects such as tissue discoloration alone or the induction of enzymes involved in
the metabolism of the substance.
Bioaccumulation is the net accumulation of a substance by an organism as a
result of uptake from all environmental sources.
Bioaccumulation factor (BAF) is the ratio (in L/kg) of a substance's
concentration in tissue of an aquatic organism to its concentration in the ambient
water, in situations where both the organism and its food are exposed and the ratio
does not change substantially over time.
Bioaccumulative chemical of concern (BCC) is any chemical that has the
potential to cause adverse effects which, upon entering the surface waters, by
itself or as its toxic transformation product, accumulates in aquatic organisms by a
human health bioaccumulation factor greater than 1000, after considering
metabolism and other physicochemical properties that might enhance or inhibit
bioaccumulation, in accordance with the methodology in appendix B of this part.
Chemicals with half-lives of less than eight weeks in the water column, sediment,
and biota are not BCCs. The minimum BAF information needed to define an
organic chemical as a BCC is either a field-measured BAF or a BAF derived using
the BSAF methodology. The minimum BAF information needed to define an
inorganic chemical, including an organometal, as a BCC is either a field-measured
BAF or a laboratory-measured BCF. BCCs include, but are not limited to, the
pollutants identified as BCCs in Chapter 4.F.
Bioconcentration is the net accumulation of a substance by an aquatic organism
as a result of uptake directly from the ambient water through gill membranes or
other external body surfaces.
Bioconcentration factor (BCF) is the ratio (in L/kg) of a substance's
concentration in tissue of an aquatic organism to its concentration in the ambient
water, in situations where the organism is exposed through the water only and the
ratio does not change substantially over time.
Biota-sediment accumulation factor (BSAF) is the ratio (in kg of organic
carbon/kg of lipid) of a substance's lipid-normalized concentration in tissue of an
aquatic organism to its organic carbon-normalized concentration in surface
sediment, in situations where the ratio does not change substantially over time,
both the organism and its food are exposed, and the surface sediment is
representative of average surface sediment in the vicinity of the organism.
57
Carcinogen is a substance which causes an increased incidence of benign or
malignant neoplasms, or substantially decreases the time to develop neoplasms, in
animals or humans.
Chronic toxicity is concurrent and delayed adverse effect(s) that occurs only as a
result of a chronic exposure.
Criterion continuous concentration (CCC) is an estimate of the highest
concentration of a material in the water column to which an aquatic community
can be exposed indefinitely without resulting in an unacceptable effect.
Criterion maximum concentration (CMC) is an estimate of the highest
concentration of a material in the water column to which an aquatic community
can be exposed briefly without resulting in an unacceptable effect.
EC50 is a statistically or graphically estimated concentration that is expected to
cause one or more specified effects in 50 percent of a group of organisms under
specified conditions.
Endangered or threatened species are those species that are listed as endangered
or threatened under section 4 of the Endangered Species Act.
Existing discharger is any building, structure, facility, or installation from which
there is or may be a "discharge of pollutants" (as defined in 40 CFR 122.2), that
is not a new discharger.
Final acute value (FAV) is (a) a calculated estimate of the concentration of a test
material such that 95 percent of the genera (with which acceptable acute toxicity
tests have been conducted on the material) have higher GMAVs, or (b) the SMAV
of an important and/or critical species, if the SMAV is lower than the calculated
estimate.
Final chronic value (FCV) is (a) a calculated estimate of the concentration of a
test material such that 95 percent of the genera (with which acceptable chronic
toxicity tests have been conducted on the material) have higher GMCVs, (b) the
quotient of an FAV divided by an appropriate acute-chronic ratio, or (c) the
SMCV of an important and/or critical species, if the SMCV is lower than the
calculated estimate or the quotient, whichever is applicable.
Final plant value (FPV) is the lowest plant value that was obtained with an
important aquatic plant species in an acceptable toxicity test for which the
concentrations of the test material were measured and the adverse effect was
biologically important.
Genus mean acute value (GMAV) is the geometric mean of the SMAVs for the
genus.
Genus mean chronic value (GMCV) is the geometric mean of the SMCVs for
the genus.
Human cancer criterion (HCC) is a Human Cancer Value (HCV) for a pollutant
that meets the minimum data requirements for Tier I.
Human cancer value (HCV) is the maximum ambient water concentration of a
substance at which a lifetime of exposure from either: drinking the water,
consuming fish from the water, and water-related recreation activities; or
consuming fish from the water, and water-related recreation activities, will
represent a plausible upper-bound risk of contracting cancer of one in 100,000
58
using the exposure assumptions specified in the Methodologies for the
Development of Human Health Criteria and Values.
Human noncancer criterion (HNC) is a Human Noncancer Value (HNV) for a
pollutant that meets the minimum data requirements for Tier I.
Human noncancer value (HNV) is the maximum ambient water concentration of
a substance at which adverse noncancer effects are not likely to occur in the
human population from lifetime exposure via either: drinking the water,
consuming fish from the water, and water-related recreation activities; or
consuming fish from the water, and water-related recreation activities using the
Methodologies for the Development of Human Health Criteria and Values.
LC50 is a statistically or graphically estimated concentration that is expected to
be lethal to 50 percent of a group of organisms under specified conditions.
Load allocation (LA) is the portion of a receiving water's loading capacity that is
attributed either to one of its existing or future nonpoint sources or to natural
background sources, as more fully defined at 40 CFR 130.2(g). Nonpoint sources
include: in-place contaminants, direct wet and dry deposition, groundwater
inflow, and overland runoff.
Loading capacity is the greatest amount of loading that a water can receive
without violating water quality standards.
Lowest observed adverse effect level (LOAEL) is the lowest tested dose or
concentration of a substance which resulted in an observed adverse effect in
exposed test organisms when all higher doses or concentrations resulted in the
same or more severe effects.
Method detection level is the minimum concentration of an analyte (substance)
that can be measured and reported with a 99 percent confidence that the analyte
concentration is greater than zero as determined by the procedure set forth in
appendix B of 40 CFR part 136.
Minimum level (ML) is the concentration at which the entire analytical system
must give a recognizable signal and acceptable calibration point. The ML is the
concentration in a sample that is equivalent to the concentration of the lowest
calibration standard analyzed by a specific analytical procedure, assuming that all
the method-specified sample weights, volumes and processing steps have been
followed.
New discharger is any building, structure, facility, or installation from which
there is or may be a "discharge of pollutants" (as defined in 40 CFR 122.2).
No observed adverse effect level (NOAEL) is the highest tested dose or
concentration of a substance which resulted in no observed adverse effect in
exposed test organisms where higher doses or concentrations resulted in an
adverse effect.
No observed effect concentration (NOEC) is the highest concentration of
toxicant to which organisms are exposed in a full life cycle or partial life-cycle
(short-term) test, that causes no observable adverse effects on the test organisms
(i.e., the highest concentration of toxicant in which the values for the observed
responses are not statistically significantly different from the controls).
Quantification level is a measurement of the concentration of a contaminant
obtained by using a specified laboratory procedure calibrated at a specified
59
concentration above the method detection level. It is considered the lowest
concentration at which a particular contaminant can be quantitatively measured
using a specified laboratory procedure for monitoring of the contaminant.
Quantitative structure activity relationship (QSAR) or structure activity
relationship (SAR) is a mathematical relationship between a property (activity) of
a chemical and a number of descriptors of the chemical. These descriptors are
chemical or physical characteristics obtained experimentally or predicted from the
structure of the chemical.
Risk associated dose (RAD) is a dose of a known or presumed carcinogenic
substance in (mg/kg)/day which, over a lifetime of exposure, is estimated to be
associated with a plausible upper bound incremental cancer risk equal to one in
100,000.
Species mean acute value (SMAV) is the geometric mean of the results of all
acceptable flow-through acute toxicity tests (for which the concentrations of the
test material were measured) with the most sensitive tested life stage of the
species. For a species for which no such result is available for the most sensitive
tested life stage, the SMAV is the geometric mean of the results of all acceptable
acute toxicity tests with the most sensitive tested life stage.
Species mean chronic value (SMCV) is the geometric mean of the results of all
acceptable life-cycle and partial life-cycle toxicity tests with the species; for a
species of fish for which no such result is available, the SMCV is the geometric
mean of all acceptable early life-stage tests.
Stream design flow is the stream flow that represents critical conditions,
upstream from the source, for protection of aquatic life, human health, or wildlife.
Threshold effect is an effect of a substance for which there is a theoretical or
empirically established dose or concentration below which the effect does not
occur.
Tier I criteria are numeric values derived by use of the Tier I methodologies in
Appendices A, C and D of this part, the methodology in Appendix B of this part,
and the procedures in Appendix E of this part, that either have been adopted as
numeric criteria into a water quality standard or are used to implement narrative
water quality criteria.
Tier II values are numeric values derived by use of the Tier II methodologies in
Appendices A and C of this part, the methodology in Appendix B of this part, and
the procedures in Appendix E of this part, that are used to implement narrative
water quality criteria.
Total maximum daily load (TMDL) is the sum of the individual waste load
allocations for point sources and load allocations for nonpoint sources and natural
background, as more fully defined at 40 CFR 130.2(i). A TMDL sets and
allocates the maximum amount of a pollutant that may be introduced into a water
body and still assure attainment and maintenance of water quality standards.
Uncertainty factor (UF) is one of several numeric factors used in operationally
deriving criteria from experimental data to account for the quality or quantity of
the available data.
Uptake is acquisition of a substance from the environment by an organism as a
result of any active or passive process.
60
Waste load allocation (WLA) is the portion of a receiving water's loading
capacity that is allocated to one of its existing or future point sources of pollution,
as more fully defined at 40 CFR 130.2(h). In the absence of a TMDL approved by
U.S. EPA pursuant to 40 CFR 130.7 or an assessment and remediation plan
developed and approved in accordance with procedure 3.A of appendix F of this
part, a WLA is the allocation for an individual point source, that ensures that the
level of water quality to be achieved by the point source is derived from and
complies with all applicable water quality standards.
Wet weather point source means any discernible, confined and discrete
conveyance from which pollutants are, or may be, discharged as the result of a wet
weather event. Discharges from wet weather point sources shall include only:
discharges of storm water from a municipal separate storm sewer as defined at 40
CFR 122.26(b)(8); storm water discharge associated with industrial activity as
defined at 40 CFR 122.26(b)(14); discharges of storm water and sanitary
wastewater (domestic, commercial, and industrial) from a combined sewer
overflow; or any other storm water discharge for which a permit is required under
section 402(p) of the Clean Water Act. A storm water discharge associated with
industrial activity which is mixed with process wastewater shall not be considered
a wet weather point source.
61
Appendix E
Alternative 1:
The acute criterion should be met within 50 times the discharge length scale (50
times square root of the cross-sectional pipe area). The scientific basis for this
alternative is that these conditions will ensure that the acute criterion is met within
a few minutes under practically all conditions.
62
63
Ohio River Valley Water Sanitation Commission
64
National Primary
ACTION: Refiled DATE: 08/04/2020 9:05 AM
LEGEND
Carbon Liver problems; increased risk of Discharge from chemical plants and
tetrachloride
0.005
cancer other industrial activities
zero
Short-term exposure:
Gastrointestinal distress. Long-
term exposure: Liver or kidney
TT5; Action damage. People with Wilson’s Corrosion of household plumbing
Copper
Level=1.3 Disease should consult their systems; erosion of natural deposits
1.3
personal doctor if the amount of
copper in their water exceeds the
action level
Short-term exposure:
Cryptosporidium TT7 Gastrointestinal illness (e.g., Human and animal fecal waste zero
diarrhea, vomiting, cramps)
Discharge from steel/metal
Cyanide Nerve damage or thyroid
(as free cyanide)
0.2
problems
factories; discharge from plastic and 0.2
fertilizer factories
LEGEND
Endothall 0.1 Stomach and intestinal problems Runoff from herbicide use 0.1
LEGEND
Hexachloro-
cyclopentadiene
0.05 Kidney or stomach problems Discharge from chemical factories 0.05
LEGEND
LEGEND
Uranium 30μg/L Increased risk of cancer, kidney toxicity Erosion of natural deposits zero
LEGEND
NOTES
1 Definitions • Giardia lamblia: 99.9 percent removal/inactivation
• Maximum Contaminant Level Goal (MCLG): The level of a contaminant in drinking • Viruses: 99.9 percent removal/inactivation
water below which there is no known or expected risk to health. MCLGs allow for a • Legionella: No limit, but EPA believes that if Giardia and viruses are removed/
margin of safety and are non-enforceable public health goals. inactivated, according to the treatment techniques in the surface water treatment rule,
• Maximum Contaminant Level (MCL): The highest level of a contaminant that is Legionella will also be controlled.
allowed in drinking water. MCLs are set as close to MCLGs as feasible using the • Turbidity: For systems that use conventional or direct filtration, at no time can turbidity
best available treatment technology and taking cost into consideration. MCLs are (cloudiness of water) go higher than 1 nephelometric turbidity unit (NTU), and samples
enforceable standards. for turbidity must be less than or equal to 0.3 NTU in at least 95 percent of the samples
• Maximum Residual Disinfectant Level Goal (MRDLG): The level of a drinking water in any month. Systems that use filtration other than the conventional or direct filtration
disinfectant below which there is no known or expected risk to health. MRDLGs do not must follow state limits, which must include turbidity at no time exceeding 5 NTU.
reflect the benefits of the use of disinfectants to control microbial contaminants. • HPC: No more than 500 bacterial colonies per milliliter
• Maximum Residual Disinfectant Level (MRDL): The highest level of a disinfectant • Long Term 1 Enhanced Surface Water Treatment: Surface water systems or ground
allowed in drinking water. There is convincing evidence that addition of a disinfectant water systems under the direct influence of surface water serving fewer than 10,000
is necessary for control of microbial contaminants. people must comply with the applicable Long Term 1 Enhanced Surface Water
• Treatment Technique (TT): A required process intended to reduce the level of a Treatment Rule provisions (e.g. turbidity standards, individual filter monitoring,
contaminant in drinking water. Cryptosporidium removal requirements, updated watershed control requirements for
unfiltered systems).
2 Units are in milligrams per liter (mg/L) unless otherwise noted. Milligrams per liter are • Long Term 2 Enhanced Surface Water Treatment: This rule applies to all surface water
equivalent to parts per million (ppm). systems or ground water systems under the direct influence of surface water. The rule
3 Health effects are from long-term exposure unless specified as short-term exposure. targets additional Cryptosporidium treatment requirements for higher risk systems
and includes provisions to reduce risks from uncovered finished water storages facilities
4 Each water system must certify annually, in writing, to the state (using third-party or and to ensure that the systems maintain microbial protection as they take steps to
manufacturers certification) that when it uses acrylamide and/or epichlorohydrin to treat reduce the formation of disinfection byproducts. (Monitoring start dates are staggered
water, the combination (or product) of dose and monomer level does not exceed the by system size. The largest systems (serving at least 100,000 people) will begin
levels specified, as follows: Acrylamide = 0.05 percent dosed at 1 mg/L (or equivalent); monitoring in October 2006 and the smallest systems (serving fewer than 10,000
Epichlorohydrin = 0.01 percent dosed at 20 mg/L (or equivalent). people) will not begin monitoring until October 2008. After completing monitoring
and determining their treatment bin, systems generally have three years to comply
5 Lead and copper are regulated by a Treatment Technique that requires systems to with any additional treatment requirements.)
control the corrosiveness of their water. If more than 10 percent of tap water samples • Filter Backwash Recycling: The Filter Backwash Recycling Rule requires systems that
exceed the action level, water systems must take additional steps. For copper, the action recycle to return specific recycle flows through all processes of the system’s existing
level is 1.3 mg/L, and for lead is 0.015 mg/L. conventional or direct filtration system or at an alternate location approved by the state.
6 A routine sample that is fecal coliform-positive or E. coli-positive triggers repeat samples- 8 No more than 5.0 percent samples total coliform-positive in a month. (For water systems
-if any repeat sample is total coliform-positive, the system has an acute MCL violation. A that collect fewer than 40 routine samples per month, no more than one sample can be
routine sample that is total coliform-positive and fecal coliform-negative or E. coli- total coliform-positive per month.) Every sample that has total coliform must be analyzed
negative triggers repeat samples--if any repeat sample is fecal coliform-positive or E. for either fecal coliforms or E. coli. If two consecutive TC-positive samples, and one is also
coli-positive, the system has an acute MCL violation. See also Total Coliforms. positive for E. coli or fecal coliforms, system has an acute MCL violation.
7 EPA’s surface water treatment rules require systems using surface water or ground 9 Although there is no collective MCLG for this contaminant group, there are individual
water under the direct influence of surface water to (1) disinfect their water, and (2) filter MCLGs for some of the individual contaminants:
their water or meet criteria for avoiding filtration so that the following contaminants are • Haloacetic acids: dichloroacetic acid (zero); trichloroacetic acid (0.3 mg/L)
controlled at the following levels: • Trihalomethanes: bromodichloromethane (zero); bromoform (zero);
• Cryptosporidium: 99 percent removal for systems that filter. Unfiltered systems are dibromochloromethane (0.06 mg/L)
required to include Cryptosporidium in their existing watershed control provisions.
National Primary Drinking Water Regulations EPA 816-F-09-004 | MAY 2009
Corrosivity Noncorrosive
pH 6.5-8.5
Zinc 5 mg/L
MEMORANDUM
RE: CSI Review – Water Quality Criteria for the Protection of Human Health (3745-
1-32, 3745-1-33, 3745-1-34)
On behalf of Lt. Governor Jon Husted, and pursuant to the authority granted to the Common Sense
Initiative (CSI) Office under Ohio Revised Code (ORC) section 107.54, the CSI Office has reviewed
the abovementioned administrative rule package and associated Business Impact Analysis (BIA).
This memo represents the CSI Office’s comments to the Agency as provided for in ORC 107.54.
Analysis
This Ohio Environmental Protection Agency (EPA) rule package consists of three amended rules.
The draft rules were submitted to the CSI Office on April 2, 2019, and the public comment period
was open through May 2, 2019. Unless otherwise noted below, this recommendation reflects the
version of the proposed rules filed with the CSI office on April 2, 2019.
The proposed rules are located in OAC Chapter 3745-1, which governs Ohio standards for water
quality. The EPA is amending the rules as a result of the required Agency Triennial Water Quality
Standards Review by the Clean Water Act. The rules provide water quality criteria for human health
numbers from the U.S. EPA updated chemical criteria, the Ohio River Valley Water Sanitation
Commission’s (ORSANCO) 2015 Pollution Control Standards, and maximum contaminant levels
(MCLs) under the Safe Drinking Water Act. The criteria apply to facilities that discharge or plan
to discharge wastewater containing any of the specific chemicals listed in these rules.
During the rule review period, the EPA sent notifications to the Division of Surface Water’s
During the CSI public comment period, the EPA received comments from the Association of Ohio
Metropolitan Wastewater Agencies, the American Forest and Paper Association, the National
Council for Air and Stream Improvement Inc., the Ohio Manufacturers Association, and Greater
Cincinnati Water Works. Comments included requests for clarifications, notations of specific data
value typographical errors, questions about the EPA’s decision not to pursue state-specific criteria,
and questions about the potential impacts of the rules. Regarding its decision not to adopt a state-
specific option, the EPA noted that the use of state or region-specific values for the ambient water
quality criteria (AWQC) calculations would not largely affect the output. The EPA said it was unable
to locate Ohio-specific drinking water consumption rate data, other calculations like obesity rates
and fish consumption were comparable to the national average.
Furthermore, the EPA rejected assertions that the updates were conservative because they are based
on a large data set compiled by the Centers for Disease Control. Some stakeholders suggested the
adverse impacts of the proposed rules’ costs were more significant than EPA estimates, particularly
for National Pollutant Discharge Elimination System (NPDES) permits. The EPA identified two
potential sources of increased costs–treatment upgrades and advanced chemical testing. While the
EPA does not believe any significant treatment updates will be needed, some dischargers will be
required to do additional low-level testing for new parameters. Low-level testing could cost up to
$400 annually per facility, depending on sampling frequency, discharge points being tested, and
whether the facility already employs advanced analytical techniques to monitor water quality. The
EPA has provided a cost analysis document to help determine potential impacts. Lastly, the EPA
fulfilled a request for information regarding assessments of pollutants, documentation supporting
the EPA’s decisions and clarification of the EPA’s actions, for the purpose of helping potentially
impacted parties review the proposed rules.
The proposed rules will impact 151 of the 3,250 permitted dischargers in Ohio. Out of the identified
facilities, 60 currently have limits on one or more of the chemicals, and 91 monitor one or more
chemicals, but do not currently have limits. The EPA notes that some factors may not directly
correlate to the specific water quality criteria, leading to varied estimates of impacts. Potential
impacts include costs associated with implementing water quality criteria through NPDES, based on
factors such as the volume of wastewater treated, complexity of treatment system, stringency of the
effluent limitations, effluent monitoring requirements, and treatment technology installed at the
point source. Other impacts may arise for specific facilities if they receive a new permit. Costs
associated with the proposed rules may vary based on the treatment type, sludge generated, water
discharged, sampling requirements, and other required treatments.
The EPA states that the proposed rules are necessary to protect public health and the environment
and implement a federal requirement. The Clean Water Act requires states to have water quality
standards that protect lakes, rivers, streams and other surface waters from pollution.
Recommendations
Based on the information above, the CSI Office has no recommendations on this rule package.
Conclusion
The CSI Office concludes that the EPA should proceed in filing the proposed rules with the Joint
Committee on Agency Rule Review.
ACTION: Refiled DATE: 08/04/2020 9:05 AM
M EMORANDUM OF R ESPONSE
To: Ethan Wittkorn, Regulatory Policy Advocate
From: Mandi Payton, Rules Coordinator
Date: September 26, 2019
Memorandum of Response to CSI Review – Water Quality Criteria for the Protection of Human Health
Subject: (3745-1-32, 3745-1-33, 3745-1-34)
Recommendations
On September 26, 2019, Ohio EPA received the Recommendations for the Division of Surface Water’s Water Quality
Criteria for the Protection of Human Health (3745-1-32, 3745-1-33, 3745-1-34) rules.
The CSI memorandum stated that:
“The proposed rules will impact 151 of the 3,250 permitted dischargers in Ohio. Out of the identified facilities,
60 currently have limits on one or more of the chemicals, and 91 monitor one or more chemicals, but do not
currently have limits. The EPA notes that some factors may not directly correlate to the specific water quality
criteria, leading to varied estimates of impacts. Potential impacts include costs associated with implementing
water quality criteria through NPDES, based on factors such as the volume of wastewater treated, complexity
of treatment system, stringency of the effluent limitations, effluent monitoring requirements, and treatment
technology installed at the
point source. Other impacts may arise for specific facilities if they receive a new permit. Costs associated with
the proposed rules may vary based on the treatment type, sludge generated, water discharged, sampling
requirements, and other required treatments.
The EPA states that the proposed rules are necessary to protect public health and the environment and
implement a federal requirement. The Clean Water Act requires states to have water quality standards that
protect lakes, rivers, streams and other surface waters from pollution.
Based on the information above, the CSI Office has no recommendations on this rule package.
The CSI Office concludes that the EPA should proceed in filing the proposed rules with the Joint Committee
on Agency Rule Review.”
Next Steps
At this time, it is Ohio EPA’s plan to move forward with the original filing of these rules with the Joint Committee on
Agency Rule Review.
If you have any questions, please contact Mandi Payton at 614-644-3134.
www.epa.ohio.gov • 50 W. Town St., Ste. 700 • P.O. Box 1049 • Columbus, OH 43216-1049 • (614) 644-3020 • (614) 644-2737 (fax)
AMR p(185637) pa(331657) d: (746483) print date: 09/21/2020 12:57 PM
Hearing Summary Report SUBMITTED: 08/04/2020 4:50 PM
Hearing Summary
Rule Package: Water Quality Criteria for the Protection of Human Health
Were there any participants in this public hearing beyond Ohio EPA staff or JCARR staff?
☒ Yes ☐ No
Were there comments received during the public comment period outside of those presented at this hearing?
☒ Yes ☐ No
This hearing summary has been compiled to meet the requirements of Section 119.03 of the Revised Code.
This hearing summary includes this cover sheet and the following attachments:
Ohio EPA’s response to comments document includes the comments received, who commented, the agency
response to comments, and a statement of whether or not the rule was changed due to the comments.
Ohio EPA digitally records all public hearings for rules. The digital recordings are available upon request in a
WAVE (.wav) file format. These recordings may be sent out for transcription if necessary.
BEFORE THE
OHIO ENVIRONMENTAL PROTECTION AGENCY
Public Notice
Public Hearing Scheduled For
Proposed Rulemaking Governing
Water Quality Standards Program
Notice is hereby given that a public hearing regarding proposed amendments to the Water Quality
Standards Program rules in Ohio Administrative Code (OAC) Chapter 3745-1 has been scheduled for
December 4, 2019. This rulemaking includes the following rules:
OAC Chapter 3745-1 contains Ohio’s standards for water quality. This rulemaking includes the
review and update of three rules containing numeric water quality criteria to reflect the latest
scientific information available from U.S. EPA and the Ohio River Valley Sanitation Commission
(ORSANCO).
The Agency invites all interested parties to comment on this rule. The public comment period will
run until December 4, 2019. A public hearing on this proposed rulemaking will be held to consider
public comments in accordance with Section 119.03 of the Ohio Revised Code. This hearing will be
held at Conference Room A at the Ohio EPA Central Office, 50 West Town Street, Suite 700,
Columbus, Ohio at 10:30 a.m. on December 4, 2019. All visitors to Ohio EPA must register at the
Security desk in the lobby upon arrival. Please bring photo identification (such as a valid driver's
license). For security reasons, visitors are required to wear their badge at all times while in the
building. Please arrive early to complete these procedures.
To facilitate the scheduling of oral presentations, persons intending to give testimony at the
hearing should notify the Ohio EPA Public Interest Center, P.O. Box 1049, Columbus, Ohio 43216-
1049, (614) 644-2160. Prior registration will ensure that registrants are heard ahead of those
individuals who register at the hearing. Oral testimony may be limited to five minutes, depending
on the number of persons testifying. All interested persons are entitled to attend or be
represented and to present oral and/or written comments concerning the proposed rulemaking.
Written testimony should be sent to the attention of Emily DeLay at the Division of Surface Water,
P.O. Box 1049, Columbus Ohio 43216-1049. Written comments may also be submitted to the
Hearing Officer at the public hearing. Written testimony will receive the same consideration as oral
testimony. All testimony received at the hearing or by close of business on December 4, 2019, will
Pre-notice of this rulemaking is being given to provide a minimum of 45 days’ notice of the public
hearing. The preliminary proposed rule and a fact sheet explaining the rule revisions are posted on
the Ohio EPA website at www.epa.ohio.gov/dsw/dswrules.aspx. Another notice will be provided
when this rule is officially filed with the Joint Committee on Agency Rule Review and the rule will
be posted on the Ohio EPA website at the above link. Questions regarding this rule package should
be directed to Audrey Rush, at the Division of Surface Water, at (614) 644-2035.
DSW WQS Program Rules Hearing
12/4/19
My name is Mary McCarron. I am with the Public Interest Center. I will be presiding over
today’s public hearing.
Thank you for taking time to attend this hearing before Ohio EPA. The purpose of the
hearing today is to obtain comments from any interested person regarding Ohio EPA’s
proposed rules.
Ohio EPA Division of Surface Water is proposing to amend the following rules of the
Ohio Administrative Code chapter 3745-1-32, 1-33 and 1-34. These rules contain
numeric water quality criteria to reflect the latest scientific information available from
U.S. EPA and the Ohio River Valley Sanitation Commission.
These rules have been filed with the Joint Committee on Agency Rule Review. Copies
of the rules are available for public review at Ohio EPA’s Columbus Office and on our
website.
All interested persons are entitled to attend or be represented, and to present oral
and/or written comments concerning the proposed rules. All written and oral comments
received as part of the official record will be considered by the director of Ohio EPA.
To be included in the official record, written comments must be received by Ohio EPA
by the close of business, today, December 4, 2019. These comments may be filed with
me today or emailed to [email protected]. All written comments submitted for
the record receive the same consideration as oral testimony given today.
Written statements submitted after today may be considered as time and circumstances
permit, but will not be part of the official record of the hearing.
If you wish to present oral testimony at this hearing today and have not already signed
the registration sheet, please do so at this time. The sheet is available at the registration
table. Persons will be called in the order in which they have registered.
I will now read the names of those who have registered at this hearing and will give
each person an opportunity to testify.
Seeing no further requests for testimony, I remind you that written comments can be
submitted through the close of business today.
Thank you for attending. The time is now and this hearing is adjourned.
Response to Comments
Human Health WQC
June 2020 Page 1 of 11
Ohio EPA held a proposed rule comment period from October 30, 2019 to December 4,
2019 regarding three Water Quality Standards Program rules. This document summarizes
the comments and questions received during the associated comment period.
Ohio EPA reviewed and considered all comments received during the public comment
period. By law, Ohio EPA has authority to consider specific issues related to protection of
the environment and public health.
In an effort to help you review this document, the questions are grouped by topic and
organized in a consistent format. The name of the commenter follows the comment in
parentheses.
Comment 1: I. The RTC Document Does Not Adequately Demonstrate that Current and Future
Dischargers Will Not Incur Treatment Costs
To determine potential overall compliance costs, Ohio EPA first removed from
consideration pollutants with aquatic life criteria more stringent than their
corresponding HHC. Next, it eliminated pollutants where “there are not sufficient
monitoring requirements in NPDES permits to provide data for analysis (in many cases,
none).” For the remaining pollutants, “Ohio EPA first looked at whether the new criteria
would generate new, lower limits through the wasteload allocation process,” and then
reviewed 2011-2019 discharge data “to determine if the new limits would be met.” RTC
document, Attachment 1, pp. 2-3.
AF&PA has two concerns with this approach. First, it is not clear how Ohio EPA
performed its wasteload allocations, which usually are undertaken for specific
Response to Comments
Human Health WQC
June 2020 Page 2 of 11
Response 1: Ohio EPA calculates wasteload allocations (WLAs) based on our rules in OAC
Chapter 3745-2, specifically rules 3745-2-05 and 3745-2-10 for ammonia-nitrogen
toxicity. If you need more information about calculating wasteloads, please see these
rules.
As for how we calculated the WLAs for this particular exercise, we used the
eDMR (electronic discharge monitoring report) data submitted by each facility and their
permit limits to screen out those who would be unaffected by these rule changes, and
then used: 1. the main outfall design flow of each facility; 2. a stream dilution ration of
0.10 or 10% (in the Ohio River Basin – set by ORSANCO); 3. the harmonic mean flow
(HMQ), and 4. assumed no background water quality concentration for these pollutants
not weeded out by our initial analysis (see attachment in IPR response to comments)
because the parameters left are not naturally occurring substances. The equation to
determine mass balance below was used (directly from OAC rule 3745-2-05):
Where:
WQC = water quality criterion as established in OAC rule 3745-2-04.
Qeff = Effluent flow
Qup = percent of stream design flow (stream dilution ratio)
WQup = background water quality
by these rule changes. None of the 153 dischargers responded to our letters, reached
out to the Agency or commented on these rules.
We would like to point out that facilities do not usually receive a permit limit
that is a water quality standard (WQS) straight from the rule, hence Ohio EPA’s analysis
using calculated wasteload allocations. WQSs are only “end-of-pipe” limits if: the
receiving stream has no dilution (a zero-low flow stream), if there is flow in the receiving
stream but the background concentration of the pollutant is at or above the WQS, or if
the pollutant is being discharged where mixing zones are not allowed (I.e., if a pollutant
is a bioaccumulative chemical of concern). If these situations do not apply, then the
WQS is applied as an ambient in-stream concentration, meaning that they are calculated
with dilution factored in and would result in a permit limit higher than the WQS.
AF&PA quotes the Agency’s response to IPR comments: “Ohio law requires that
the dischargers use the most sensitive test method available.” By this statement, we
meant that dischargers are required to use the most sensitive test method available
that has been promulgated into our rules or in 40 CFR part 136. This is a very important
distinction to make and we apologize for any confusion because this does not include all
of U.S. EPA’s approved methods. Eventually there may be new analytical methods
promulgated into rule that can read to a lower level with statistical confidence,
however, as Ohio EPA has demonstrated by our wasteload analysis, almost all facilities
are already meeting the new WQS numbers, and the other facilities would only need to
make minor adjustments (I.e. increasing chemical feed) in order to meet the new WQS.
To say that “It is reasonable to expect that these new methods will find and quantify
pollutants in dischargers’ effluents at levels above the new criteria” is simply incorrect
because we have not promulgated any new methods and if the current methods find
that the concentration of a parameter is below detection of the most sensitive method
promulgated, the facility is still in compliance. Labs have to have equipment and employ
methods sensitive enough to read to that level.
Detailed analysis of potential compliance costs associated with the adoption of
these criteria were provided during interested party review and are found in
Attachment 1.
1
See the NCASI comments that discuss in more detail the compounded conservatism embodied in the national
HHC.
Response to Comments
Human Health WQC
June 2020 Page 4 of 11
and exposure data.” For example, EPA’s fish consumption rate (FCR) reflects a policy
change to include several marine species that may spend part of their lifecycle in near-
shore marine waters and these species may not be relevant to waters in Ohio or
exposures of Ohioans. EPA’s selection of 2.4 liters/day of drinking water (DW)
consumption reflects a 90th percentile choice, whereas the previously used value of 2.0
liters was an 86th percentile. And, the vast majority of EPA’s 2015 criteria for non-
carcinogens use a relative source contribution (RSC) value of 0.2 whereas nearly all of
EPA’s criteria prior to 2015 used a value of 1.0. These choices are policy-based, not
science-based, and Ohio should evaluate their appropriateness for waters of the state,
just as other states have done.
Second, we disagree that use of “the new factors was not that significant
compared to the old.” Considered collectively, the increase in FCR, DW and RSC make
many of the resulting criteria 5-10 times more stringent than previous criteria values.
This is a significant change not justified solely by new science or data. Rather, this
increase in stringency is based largely on the policies for interpreting those data, not on
a need to make the criteria more stringent to account for increased actual exposure.
Third, the RTC misses the point of what we mean by “compounded
conservatism.” EPA’s methodology assumes that every day for 70 years, everyone in the
state drinks 2.4 liters of water that is:
• Unfiltered and untreated and
• From surface water (lakes, streams, etc.) and
• Contaminated at the HHC level
For water and organism values, the methodology assumes that every day for 70
years people are not only drinking water as described above, but they also are eating 22
grams per day of fish from the same location that is:
• From local waters, grocery stores, aquaculture, foreign countries (now
including some marine species not previously included) and
• From waters contaminated at the HHC level (including near-shore marine
waters) and
• Contaminated with pollutants from the water to the maximum extent
possible and
• Contaminated with the same amount of pollutants despite reductions
from cooking.
consumers. Therefore, Ohio EPA should take the opportunity provided by EPA’s water
quality standards regulations to develop state-specific data that are reflective of actual
Ohio residents and waters and undertake the analysis to tailor the national default
criteria to Ohio. This would be consistent with the approach taken by other states
including New York and Illinois, which specifically have deferred adoption, allowing for
greater consideration of the criteria. Additionally, ORSANCO did not include the
national criteria in their 2015 update to the Pollution Control Standards and states such
as Delaware will be deriving their HHC using state-specific exposure factor values to
better tailor the criteria to their communities.
Finally, there is a better, more scientifically advanced way to calculate HHC
through PRA. U.S. EPA has both endorsed and used the probabilistic approach for
several years. In 2014, they published a Risk Assessment Forum White Paper on PRA
and their Guidelines for Human Exposure Assessment also recognizes the value of the
method. The Probabilistic Risk Assessment is a systematic and comprehensive method
to evaluate total risk and is used by a wide range of institutions including NASA and the
US Federal Railroad Administration to determine the probability and severity of a
detrimental outcome. The method is extremely flexible and can reliably account for a
wide variety and range of risk while guarding against excessive conservatisms which
may bias results unnecessarily. As noted in the NCASI comments filed in May, a tool has
been developed that allows easy, spreadsheet-based, application to PRA techniques.
(AF&PA)
Response 2: Ohio EPA does recognize that U.S. EPA’s national recommended water quality
criteria are conservative and fully understands the concept of “compounded
conservativism.” However, water quality criteria are designed to be conservative in
order to protect sensitive populations. The fish consumption rate, drinking water intake
rate and relative source contribution change as more data are collected and the
population demographic changes.
Response 3: Please see response 1. Ohio EPA will continue to promulgate U.S. EPA’s national
recommended criteria at this time.
Comment 4: FWQC member entities or their members own and operate facilities located
throughout the country, including in Ohio. Those facilities operate pursuant to permits
issued by States or EPA under the National Pollutant Discharge Elimination System
Response to Comments
Human Health WQC
June 2020 Page 6 of 11
measured ambient concentrations in waterbodies. For example, in the Ohio River, data
collected by the Ohio River Valley Water Sanitation Commission (ORSANCO) have shown
that ambient levels for various organic compounds are much greater than the new
standards. If the new standards will require dischargers to treat their effluents to below
ambient levels, it is hard to see how that would NOT impose major financial costs – if it
is doable at all.
Ohio EPA tries to support its claim as to lack of compliance costs by citing to an
analysis that it has done as to specific dischargers in the State, but that, too, is subject to
question. The agency claims that it has “looked at whether the new criteria would
generate new, lower limits through the wasteload allocation process.” (Ohio EPA
Response to Comments on Human Health WQS, Attachment 1 at p. 3.) Does this mean
that the agency has developed new wasteload allocations for the 151 facilities that are
potentially affected by the new standards? If so, the agency needs to make those
documents available, so those facilities and other stakeholders can review and comment
on the calculations. But we doubt that actual wasteload allocations have been
determined, since that process would take years. If Ohio EPA has performed some other
kind of calculation that is not a true wasteload allocation, those results should not be
relied on in support of the new standards.
There are other, additional concerns about the Ohio EPA cost analysis. For
example, the agency says that the group of facilities that it reviewed (after going
through the “wasteload allocation process”) included only organic chemical facilities and
“other dischargers that had limits for the chemicals.” So the focus, there, is on facilities
that already have effluent limits for the chemicals. But those facilities have limits
because they have effluent levels that are already of concern under the existing, higher
standards. The main impact of the new standards is that they are so low that many
facilities that do not need limits under the existing standards will exhibit “reasonable
potential” under the new standards, and therefore will receive new, stringent limits. It
appears that Ohio EPA’s analysis completely ignores that set of affected facilities, which
could be very large. Therefore, it is likely that the State’s analysis radically
underestimates the true compliance costs, and needs to be redone before any final
standards can be issued. (Federal Water Quality Coalition)
Response 4: As stated in our response to IPR comments, “Although Ohio EPA is aware that
there are options when updating the water quality criteria rules, we must satisfy our
regulatory obligation for triennial review under the Clean Water Act and the State of
Ohio requires review of rules every five years.
OUG also points out that states have three options when developing criteria,
and as previously stated, Ohio EPA is adopting U.S. EPA’s national recommended criteria
and will not develop state-specific criteria for several reasons including lack of data, lack
of resources and because U.S. EPA’s criteria recommendations have already been
extensively vetted through peer and public review and comment.”
U.S EPA has an entire think tank dedicated to assessing and developing water
quality standards. Ohio EPA does not currently have the resources for this type of
undertaking. Ohio EPA will continue to adopt the national recommended criteria until
additional staff can be hired to assist with the WQS program.
These new criteria should not impose major burdens on the regulated
community as explained in the IPR response to comments and cost analysis. Ohio EPA
Response to Comments
Human Health WQC
June 2020 Page 8 of 11
has recalculated the wasteload allocations for the facilities that had the potential to be
affected and the data speaks for itself. Because FWQC has not completed their own cost
analysis based on actual data and presented different results, FWQC’s claim cannot be
substantiated.
Comment 5: OUG submits the following comments on proposed changes to Ohio Adm. Code
3745-1-32, Ohio Adm. Code 3745-1-33, and Ohio Adm. Code 3745-1-34. These
comments pertain to proposed changes to human health criteria (“HHC”) applicable to
the Ohio River, inland water supply use designations, and inland WQC for protection of
human health (fish consumption).
With regard to the proposed changes to the WQC for the Ohio River (Ohio Adm.
Code 3745-1-32), the agency is proposing to adopt the more stringent of the following:
(1) the maximum concentration level (“MCL”) per the Safe Drinking Water Act; (2) the
ORSANCO human health criterion; and (3) U.S. EPA’s 2-route human health criteria.
Some of the proposed revised criteria are more stringent than existing criteria
applicable to the Ohio River, while some of the proposed criteria are less stringent.
In addressing comments from interested stakeholders in it response to
comments, Ohio EPA referred to the table that was presented in the factsheet for the
draft rules and its response to comment number 1. Further clarification is necessary.
The table provides no clarification of how Ohio EPA determined which criteria applied
(other than the most stringent). The response to comment number 1 addresses only
the use of U.S. EPA’s default criteria. Ohio EPA is required to provide independent
justification for its water quality criteria and its response to comments is inadequate.
(Ohio Utility Group)
Response 5: The criteria listed in the various tables is selected from the following sources:
ORSANCO PCS, U.S. EPA Human Health 304(a) criteria, MCLs, or Ohio-derived values.
ORSANCO typically updates their values with U.S. EPA updated criteria. Because
ORSANCO adopted the 2015 PCS before the U.S. EPA updated criteria became effective
in 2015, some of the values in the Ohio River do not reflect the current PCS values – the
most stringent of the two values were selected.
Comment 6: U.S. EPA Default Criteria Input Variables Were Not Evaluated by Ohio EPA
In comments on the draft water quality standards, OUG noted that Ohio EPA
has not evaluated the relevance of U.S. EPA’s updated HHC (finalized in 2015) for Ohio
waters. A justification is needed that assesses the appropriateness of the U.S. EPA
criteria input variables to Ohio waters. These input variables include: (1) a presumed
drinking water intake level of 2.4 liters per day, for a lifetime exposure of 70 years; (2) a
daily fish consumption rate of 22 grams per day, specific for locally-caught fish, which
does not include consumption of marine fish that are typically purchased in grocery
stores or fish markets; and (3) a presumed relative source contribution (“RSC”) of 0.2.
The conservative RSC value assumes that no more than 20% of the chemical- specific
reference dose is attributed to consumption of water and ingestion of fish. Other
sources of exposure (e.g., dermal and inhalation) are thus granted a higher proportion
of exposure. OUG notes that U.S. EPA has, previously, approved state-specific RSC
values of up to 0.8 for various chemical compounds. OUG thinks that, if the U.S. EPA
HHC are adopted by Ohio EPA, a default RSC value of 0.5 should be set as the default
Response to Comments
Human Health WQC
June 2020 Page 9 of 11
value, with the caveat that less stringent RSC values could be approved pending a
technical demonstration. In short, Ohio EPA cannot simply propose to adopt nationally
recommended U.S. EPA HHC without evaluating each input variable in terms of
appropriateness to Ohio surface waters and sources of exposure.
Despite these comments (from several interested parties), Ohio EPA’s response
to comments reiterates that it is relying on the default criteria because of a lack of state-
specific data. This response is inadequate. If Ohio EPA lacks state-specific data, Ohio EPA
should consider delay of adoption of these standards until it has collected and assessed
these data. This will ensure that the adoption of the water quality criteria is based on
the assessment of sound data. (OUG)
Response 6: As we have previously stated in the IPR response to comments, Ohio EPA did
evaluate the relevance of U.S. EPA’s updated HHC for Ohio waters and determined that
there is not enough data to establish scientifically defensible state-specific criteria, and
that our preliminary evaluation of the available data indicates that the criteria would
not be significantly different.
The RSC value is a number between 0.2 and 0.8 which represents the
percentage of exposure from the consumption of fish and drinking water. This number
is not always 0.2 and varies from parameter to parameter. U.S. EPA sets these
percentages based on toxicological and demographics data for the nation, and Ohio will
continue to use these inputs. As we stated in our response to IPR comments in October:
“Ohio EPA does not have enough data to justify a default RSC value of 0.5. U.S. EPA’s
default RSC value is 0.2 unless there is enough data to prove that the RSC of a chemical
is greater (up to 0.8). Ohio cannot set an arbitrary default value of 0.5 without the data
to back it up.”
Comment 7: Manganese.
With regard to the proposed changes to Ohio Adm.Code 3745-1-34 (WQC for
the protection of human health – fish consumption), OUG opposed the proposed
criterion of 100 µg/L for manganese. The proposed criterion had no basis in the
protection of human health via fish ingestion. U.S. EPA, 2002 (National Recommended
Water Quality Criteria: 2002 – Human Health Criteria Calculation Matrix, EPA-822-R-02-
012, U.S. EPA Office of Water) indicates that this 2-route criterion “…is not based on
toxic effects, but rather is intended to minimize objectionable qualities such as laundry
stains and objectionable tastes in beverages.” OUG thanks Ohio EPA for deleting this
criterion as it has no basis in actual human health effects. (OUG)
Response 8: Ohio EPA has evaluated alternatives to adopting the U.S. EPA nationally-
recommended criteria. Based on these evaluations the Agency does not believe it
feasible to modify criteria to reflect site-specific conditions or develop other
“scientifically defensible” criteria. Ohio EPA does not currently have the resources for
this type of undertaking. Ohio EPA will continue to adopt the nationally-recommended
criteria until additional staff can be hired to assist with the WQS program. Therefore,
although Ohio EPA is aware that there are options when updating the water quality
criteria rules, we must satisfy our regulatory obligation for triennial review under the
Clean Water Act and the State of Ohio requires review of rules every five years.
As we have previously stated in the IPR response to comments, Ohio EPA did
evaluate the relevance of U.S. EPA’s updated HHC for Ohio waters and determined that
there is not enough data to establish scientifically defensible state-specific criteria, and
that our preliminary evaluation of the available data indicates that the criteria would
not be significantly different.
thinks that a more extensive cost impact analysis must be conducted for potentially-
affected facilities.
OUG thanks Ohio EPA for the opportunity to comment and looks forward to
clarification in order to better understand the proposal. (OUG)
Response 9: Ohio is obligated to update its water quality criteria through the triennial rule
evaluation. This review was initiated in late 2016. In addition, Ohio requires that we
evaluate our rules every five years for updates. These rules have not been updated since
2002 and are long overdue. As stated previously, we do not have the resources to
exhaustively evaluate exposure and toxicity data specific to Ohio. If in the future such
resources become available, we may consider the option of further evaluation.
The cost impact analysis was provided as part of the IPR response to comments
and is attached. During the rules process we have reached out to all potentially affected
permittees and did not receive any objection to criteria adoption. We have no data
suggesting that significant costs will be incurred from these rules.
Attachment 1:
Ohio EPA has identified two potential sources of additional cost to regulated entities – costs due to
treatment upgrades, and costs for more advanced chemical testing. The Agency does not believe that
any significant treatment upgrades will be needed to meet limits based on the new criteria. Therefore,
no new cost.
Ensuring compliance with these lower numbers will require some dischargers to do additional, low-level
testing for a few parameters. Ohio EPA projects that these new costs will run from $0 - $400 per year
per facility; the specific cost will depend on the sampling frequency required by the permit, the number
of discharge points tested at the facility, and whether or not the facility is already using one or more of
these advanced analytical techniques.
In breaking down costs, Ohio EPA first filtered out pollutants that would not drive additional costs
because the new human health numbers were higher than other regulatory standards that would drive
permit conditions. These would include pollutants that have lower aquatic life water quality standards
than the new human health criteria and pollutants that have lower treatment technology standards
(BAT/NSPS) than the new human health criteria. Note that some BAT values were lower only for the
basins.
Table 1. Pollutants Where Aquatic Life WQS are lower than Human Health Criteria
Zinc Isophorone
Methlyene Chloride
Nitrobenzene
Phenol
Pyrene
Selenium
Toluene
2,4,6-Trichlorophenol
Zinc
Table 2. Pollutants Where BAT/NSPS are Lower than Human Health Criteria
An additional set of pollutants was removed from consideration because there are not sufficient
monitoring requirements in NPDES permits to provide data for analysis (in many cases, none). Ohio EPA
does not expect that new monitoring and limits will be required for these pollutants based on the low
detection frequency of these pollutants in NPDES application testing data, and Ohio EPA effluent
sampling.
Bis(2-chloroethoxy)ethane Isophorone
Chlordane Methoxychlor
2,4-D 3-Methyl-4-chlorophenol
4,4'-DDD N-Nitrosodiethylamine
4,4'-DDE N-Nitrosodibutyl amine
4,4'-DDT N-Nitrosodipyrrolidine
3,3'Dichlorobenzidene Pentachlorobenzene
Dinitrophenols Silvex
Endrin aldehyde 1,2,4,5-Tetrachlorobenzene
alpha-Endosulfan Toxaphene
beta-Endosulfan 2,4,5-Trichlorophenol
Endosulfan sulfate 2,4,6-Trichlorophenol
Hexachlorocyclohexane - technical grade
To assess potential treatment costs of the remaining parameters, Ohio EPA first looked at whether the
new criteria would generate new, lower limits through the wasteload allocation process. If so, the
Agency looked at the facility’s reported discharge data for 2011-19 to determine whether the new limits
would be met. Ohio EPA reviewed information for all organic chemical facilities that directly discharge
to waters of the state, and also looked at other dischargers that had limits for the chemicals not
excluded using the methods above. For the following seven pollutants, at least one discharger had more
restrictive wasteload allocations using the new criteria:
• 1,2,4-Trichlorobenzene
• 2,4-Dinitrotoluene
• Benzo(a)pyrene
• Bis(2-ethylhexyl)phthalate
• Hexachlorobenzene
• Hexachlorobutadiene
• Hexachloroethane
• Vinyl Chloride
The analysis for 1,2,4-trichlorobenzene showed that only 1 discharger out of 13 would have lower limits
under this rule. Compliance with the new standard cannot be determined because the test methods
currently used by the discharger are not sufficiently sensitive to determine compliance; however, highly
chlorinated organic chemicals are not commonly used, and have historically been used/generated at
relatively few plants. This is also true for hexachlorobenzene, hexachlorobutadiene and
hexachloroethane (although more facilities will have lower limits for these pollutants). It is not expected
that facilities will have compliance issues with these chemicals. The only facility that has a history of
using similar chemicals has not shown significant detections (1 detection in 46 samples for
hexachlorobenzene) and test quantification levels have generally been good for this facility. Ohio EPA
does not expect compliance issues for these chemicals.
Response to Comments
Human Health WQC – Attachment 1
October 2019 Page 4 of 4
A similar situation exists with benzo(a)pyrene. This chemical is typically associated with tar
manufacturing and processing and is not commonly detected in NPDES effluents. While seven of the
nine facilities reviewed by Ohio EPA would have lower limits for benzo(a)pyrene, four of the seven use
test methods capable of testing these new limits and have not found any detections. Ohio EPA does not
believe that the remaining three facilities with lower limits will have any different results.
One facility would have more restrictive limits for 2,4-dintrotoluene. The limit change is relatively small,
from 87 ug/l to 69 ug/l. This facility has not detected this chemical and will be able to meet the new
limit.
Similarly, neither of the two facilities facing lower limits for vinyl chloride would experience compliance
issues.
Several facilities have discharge limits for bis(2-ethylhexyl)phthalate. The new WQS for this chemical
would cause lower limits at 9 of 23 facilities. It appears that seven of the nine facilities meet the new
limits currently; the remaining two plants are expected to meet the new limits as they implement good
sampling protocols. Bis-2EHP is a common contaminant from automatic sampler tubing; Ohio EPA has
recommended collecting samples manually for phthalate parameters to eliminate this issue. The
Agency believes that there are some dischargers that have not adopted this practice and may still be
getting occasional detections of bis-2EHP in the effluent as a result.
Analytical Costs
Testing for these pollutants are typically done using scans that test for large groups of pollutants at one
time. For organic pollutants, these are done in 2 groups: (1) easily volatile chemicals (easily
evaporated), and (2) less easily evaporated chemicals (semi-volatiles). Most dischargers testing these
chemicals do 1-2 scans per year. Scans for volatile compounds cost $75-100 per scan; semi-volatiles
cost $150-200 per scan.
Some of the ten pollutants specifically evaluated for treatment cost increases above will require more
sensitive analyses to detect the new standards. Federal NPDES rules require that permittees use test
methods sufficiently sensitive to quantify discharge limits or wasteload allocation values. For limits that
are less than the lowest quantification limit for that pollutant, Ohio law requires that the discharger use
the most sensitive test method available (ORC 6111.13). To test for these pollutants at very low levels,
permittees may need to run samples using low-level methods, which will result in additional testing
costs. Based on a short survey of commercial laboratories, using these methods amounts to an
additional run of the sample at the same cost as the general method. About half of permittees appear
to be using low-level methods currently. The remaining ten permittees will face extra costs of $100-400
per year based on how many samples they are required to do per year, and how many extra method
runs have to be performed.
JOINT COMMITTEE ON AGENCY RULE REVIEW
Agenda - 8/17/2020 - 1:30 P.M.
Senate Finance Hearing Room (Finan Hearing Room)
Consent
1 Attorney General • Charitable Foundation
Total Rules: 1 Original Filing Date: 6/23/2020 Jurisdiction Ends: 8/27/2020 Public Hearing: 7/29/2020
Rule Type Action CSI FYR Rule Number Rule Title
Amendment Original Filing No Yes 109:1-1-04 Annual report.
Total Rules: 1 Original Filing Date: 6/23/2020 Date of Revised Filing: 6/29/2020 Jurisdiction Ends: 8/27/2020 Public Hearing: 7/29/2020
Rule Type Action CSI FYR Rule Number Rule Title
Amendment Revised Filing No Yes 109:1-5-02 Annual financial report of charitable organization.
2 Attorney General • Environmental Background Investigation
Total Rules: 1 Original Filing Date: 6/29/2020 Jurisdiction Ends: 9/2/2020 Public Hearing: 8/5/2020
Rule Type Action CSI FYR Rule Number Rule Title
Amendment Original Filing No Yes 109:6-1-05 Waiver.
3 Bureau of Workers' Compensation •
Total Rules: 1 Original Filing Date: 6/29/2020 Date of Revised Filing: 7/2/2020 Jurisdiction Ends: 9/2/2020 Public Hearing: 8/7/2020
Rule Type Action CSI FYR Rule Number Rule Title
Amendment Revised Filing Yes Yes 4123-18-09 Vocational rehabilitation provider fee schedule.
4 Counselor, Social Worker, and Marriage and Family Therapist Board •
Total Rules: 1 Original Filing Date: 7/15/2020 Jurisdiction Ends: 9/18/2020 Public Hearing: 8/24/2020
Rule Type Action CSI FYR Rule Number Rule Title
Standards of practice and professional conduct: electronic service delivery
Amendment Original Filing Yes No 4757-5-13
(internet, email, teleconference, etc.).
Total Rules: 1 Original Filing Date: 7/15/2020 Date of Revised Filing: 7/27/2020 Jurisdiction Ends: 9/18/2020 Public Hearing: 8/24/2020
Rule Type Action CSI FYR Rule Number Rule Title
Standards of practice and professional conduct: electronic service delivery
Amendment Revised Filing Yes No 4757-5-13
(internet, email, teleconference, etc.).
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JCARR 77 South High Street • Concourse Level • Columbus, Ohio 43215 • (614) 466-4086 • www.jcarr.state.oh.us • Page 1 • 8/17/2020
JOINT COMMITTEE ON AGENCY RULE REVIEW
FINAL AGENDA 8/17/2020 - 1:30 P.M. FINAL AGENDA
Senate Finance Hearing Room (Finan Hearing Room)
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JCARR 77 South High Street • Concourse Level • Columbus, Ohio 43215 • (614) 466-4086 • www.jcarr.state.oh.us • Page 2 • 8/17/2020
JOINT COMMITTEE ON AGENCY RULE REVIEW
FINAL AGENDA 8/17/2020 - 1:30 P.M. FINAL AGENDA
Senate Finance Hearing Room (Finan Hearing Room)
Click on the rule number in blue above to view the rule in its entirety on the Register of Ohio website.
JCARR 77 South High Street • Concourse Level • Columbus, Ohio 43215 • (614) 466-4086 • www.jcarr.state.oh.us • Page 3 • 8/17/2020
JOINT COMMITTEE ON AGENCY RULE REVIEW
FINAL AGENDA 8/17/2020 - 1:30 P.M. FINAL AGENDA
Senate Finance Hearing Room (Finan Hearing Room)
JCARR 77 South High Street • Concourse Level • Columbus, Ohio 43215 • (614) 466-4086 • www.jcarr.state.oh.us • Page 4 • 8/17/2020
JOINT COMMITTEE ON AGENCY RULE REVIEW
FINAL AGENDA 8/17/2020 - 1:30 P.M. FINAL AGENDA
Senate Finance Hearing Room (Finan Hearing Room)
Click on the rule number in blue above to view the rule in its entirety on the Register of Ohio website.
JCARR 77 South High Street • Concourse Level • Columbus, Ohio 43215 • (614) 466-4086 • www.jcarr.state.oh.us • Page 5 • 8/17/2020
JOINT COMMITTEE ON AGENCY RULE REVIEW
FINAL AGENDA 8/17/2020 - 1:30 P.M. FINAL AGENDA
Senate Finance Hearing Room (Finan Hearing Room)
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JCARR 77 South High Street • Concourse Level • Columbus, Ohio 43215 • (614) 466-4086 • www.jcarr.state.oh.us • Page 6 • 8/17/2020
JOINT COMMITTEE ON AGENCY RULE REVIEW
FINAL AGENDA 8/17/2020 - 1:30 P.M. FINAL AGENDA
Senate Finance Hearing Room (Finan Hearing Room)
15 Department of Developmental Disabilities • Fiscal Administration and State-Operated Services and Supports
Total Rules: 1 Original Filing Date: 7/17/2020 Jurisdiction Ends: 9/20/2020 Public Hearing: 8/17/2020
Rule Type Action CSI FYR Rule Number Rule Title
Community capital assistance funds for the development of licensed residential
Rescission Original Filing Yes Yes 5123:1-1-04
facilities.
16 Department of Job and Family Services • Apprenticeship Council
Total Rules: 13 Original Filing Date: 7/6/2020 Jurisdiction Ends: 9/9/2020 Public Hearing: 8/12/2020
Rule Type Action CSI FYR Rule Number Rule Title
Amendment Original Filing No Yes 5101:11-1-01 Definitions.
Amendment Original Filing No Yes 5101:11-2-01 Ohio state apprenticeship council and the council office.
Amendment Original Filing No Yes 5101:11-2-02 Procedure for notice of public meetings.
Amendment Original Filing Yes Yes 5101:11-3-01 Procedures for program registration and subsequent program changes.
Amendment Original Filing Yes Yes 5101:11-3-02 Program requirements.
Amendment Original Filing Yes Yes 5101:11-3-03 Reciprocity agreement.
New Rule Original Filing Yes No 5101:11-3-04 De-registration of programs.
Amendment Original Filing Yes Yes 5101:11-4-01 Selection of apprentices.
Amendment Original Filing No Yes 5101:11-4-02 Apprentice registration.
Amendment Original Filing No Yes 5101:11-4-03 Apprenticeship agreement contents.
New Rule Original Filing No No 5101:11-8-02 Hearings.
New Rule Original Filing Yes No 5101:11-8-03 Reinstatement of program registration.
New Rule Original Filing No No 5101:11-9-01 Exemptions.
17 Department of Job and Family Services • Apprenticeship Council
Total Rules: 18 Original Filing Date: 7/6/2020 Jurisdiction Ends: 9/9/2020 Public Hearing: 8/12/2020
Rule Type Action CSI FYR Rule Number Rule Title
Rescission Original Filing Yes Yes 5101:11-5-01 Equal opportunity requirements.
New Rule Original Filing Yes No 5101:11-5-01 Equal opportunity policy.
Rescission Original Filing Yes Yes 5101:11-5-02 Affirmative action plan.
New Rule Original Filing Yes No 5101:11-5-02 Steps to ensure equal opportunity.
Rescission Original Filing Yes Yes 5101:11-6-01 Compliance reviews.
New Rule Original Filing Yes No 5101:11-6-01 Affirmative action obligations.
Rescission Original Filing Yes Yes 5101:11-6-02 Complaint process.
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JCARR 77 South High Street • Concourse Level • Columbus, Ohio 43215 • (614) 466-4086 • www.jcarr.state.oh.us • Page 7 • 8/17/2020
JOINT COMMITTEE ON AGENCY RULE REVIEW
FINAL AGENDA 8/17/2020 - 1:30 P.M. FINAL AGENDA
Senate Finance Hearing Room (Finan Hearing Room)
JCARR 77 South High Street • Concourse Level • Columbus, Ohio 43215 • (614) 466-4086 • www.jcarr.state.oh.us • Page 8 • 8/17/2020
JOINT COMMITTEE ON AGENCY RULE REVIEW
FINAL AGENDA 8/17/2020 - 1:30 P.M. FINAL AGENDA
Senate Finance Hearing Room (Finan Hearing Room)
Click on the rule number in blue above to view the rule in its entirety on the Register of Ohio website.
JCARR 77 South High Street • Concourse Level • Columbus, Ohio 43215 • (614) 466-4086 • www.jcarr.state.oh.us • Page 9 • 8/17/2020
JOINT COMMITTEE ON AGENCY RULE REVIEW
FINAL AGENDA 8/17/2020 - 1:30 P.M. FINAL AGENDA
Senate Finance Hearing Room (Finan Hearing Room)
JCARR 77 South High Street • Concourse Level • Columbus, Ohio 43215 • (614) 466-4086 • www.jcarr.state.oh.us • Page 10 • 8/17/2020
JOINT COMMITTEE ON AGENCY RULE REVIEW
FINAL AGENDA 8/17/2020 - 1:30 P.M. FINAL AGENDA
Senate Finance Hearing Room (Finan Hearing Room)
New Rule Original Filing No No 5703-7-01 Determination of NAICS Codes for the Ohio Business Income Deduction.
29 Ohio Casino Control Commission •
Total Rules: 1 Original Filing Date: 6/19/2020 Jurisdiction Ends: 8/23/2020 Public Hearing: 7/23/2020
Rule Type Action CSI FYR Rule Number Rule Title
Amendment Original Filing Yes No 3772-50-08 Type-C skill-based amusement machine location licensure.
30 Ohio Casino Control Commission •
Total Rules: 1 Original Filing Date: 6/19/2020 Jurisdiction Ends: 8/23/2020 Public Hearing: 7/23/2020
Rule Type Action CSI FYR Rule Number Rule Title
Amendment Original Filing No Yes 3772-1-06 Minimum licensure requirements.
31 Ohio Department of Medicaid •
Total Rules: 1 Original Filing Date: 7/13/2020 Jurisdiction Ends: 9/16/2020 Public Hearing: 8/13/2020
Rule Type Action CSI FYR Rule Number Rule Title
Amendment Original Filing Yes Yes 5160-3-58 Nursing facilities (NFs): quality indicators and quality payment rate.
32 Ohio Environmental Protection Agency •
Total Rules: 3 Original Filing Date: 10/30/2019 Date of Refiled Filing: 8/4/2020 Jurisdiction Ends: 9/3/2020 Public Hearing: 12/4/2019
Rule Type Action CSI FYR Rule Number Rule Title
Amendment Refiled Filing Yes Yes 3745-1-32 Ohio river standards.
Amendment Refiled Filing Yes Yes 3745-1-33 Water quality criteria for water supply use designations.
Amendment Refiled Filing Yes Yes 3745-1-34 Water quality criteria for the protection of human health [fish consumption].
33 Ohio Environmental Protection Agency •
Total Rules: 6 Original Filing Date: 7/6/2020 Jurisdiction Ends: 9/9/2020 Public Hearing: 8/12/2020
Rule Type Action CSI FYR Rule Number Rule Title
Amendment Original Filing Yes Yes 3745-27-02 Permit to install.
Amendment Original Filing Yes Yes 3745-27-06 Sanitary landfill facility permit to install application.
Additional criteria for approval of sanitary landfill facility permit to install
Amendment Original Filing Yes Yes 3745-27-07
applications.
Amendment Original Filing Yes Yes 3745-27-09 Sanitary landfill facility operating record.
Amendment Original Filing Yes Yes 3745-27-11 Final closure of a sanitary landfill facility.
Amendment Original Filing Yes Yes 3745-27-14 Post-closure care of sanitary landfill facilities.
Total Rules: 1 Original Filing Date: 7/6/2020 Date of Revised Filing: 7/16/2020 Jurisdiction Ends: 9/9/2020 Public Hearing: 8/12/2020
Click on the rule number in blue above to view the rule in its entirety on the Register of Ohio website.
JCARR 77 South High Street • Concourse Level • Columbus, Ohio 43215 • (614) 466-4086 • www.jcarr.state.oh.us • Page 11 • 8/17/2020
JOINT COMMITTEE ON AGENCY RULE REVIEW
FINAL AGENDA 8/17/2020 - 1:30 P.M. FINAL AGENDA
Senate Finance Hearing Room (Finan Hearing Room)
JCARR 77 South High Street • Concourse Level • Columbus, Ohio 43215 • (614) 466-4086 • www.jcarr.state.oh.us • Page 12 • 8/17/2020
JOINT COMMITTEE ON AGENCY RULE REVIEW
FINAL AGENDA 8/17/2020 - 1:30 P.M. FINAL AGENDA
Senate Finance Hearing Room (Finan Hearing Room)
New Rule Original Filing Yes No 3745-50-02 Business confidentiality - hazardous waste management.
New Rule Original Filing Yes Exempt 3745-50-04 Manifest copy submittal requirements for certain interstate waste shipments.
Applicability- electronic manifest system and user fee requirements to facilities that
New Rule Original Filing Yes Exempt 3745-50-05
receive state-only regulated waste shipments.
Amendment Original Filing Yes Yes 3745-50-10 Definitions and computation of time.
Amendment Original Filing Yes Yes 3745-50-11 Incorporated by reference.
Amendment Original Filing Yes Yes 3745-50-28 Procedures for case-by-case regulation of hazardous waste recycling activities.
Amendment Original Filing Yes Yes 3745-50-45 Special inclusions and exclusions for hazardous waste permits.
36 Ohio Environmental Protection Agency •
Total Rules: 8 Original Filing Date: 7/13/2020 Jurisdiction Ends: 9/16/2020 Public Hearing: 8/17/2020
Rule Type Action CSI FYR Rule Number Rule Title
Amendment Original Filing Yes Yes 3745-51-01 Purpose and scope of Chapter 3745-51 of the Administrative Code.
Amendment Original Filing Yes Yes 3745-51-04 Exclusions.
Amendment Original Filing Yes Yes 3745-51-06 Requirements for recyclable materials.
Amendment Original Filing Yes Yes 3745-51-07 Residues of hazardous waste in empty containers.
Amendment Original Filing Yes Exempt 3745-51-11 Criteria for listing hazardous waste.
Amendment Original Filing Yes Exempt 3745-51-30 Lists of hazardous wastes - general.
Discarded commercial chemical products, off-specification species, container
Amendment Original Filing Yes Exempt 3745-51-33
residues, and spill residues thereof.
Conditional exclusion for used, broken CRTs and processed CRT glass undergoing
Amendment Original Filing Yes Exempt 3745-51-39
recycling.
37 Ohio Environmental Protection Agency •
Total Rules: 24 Original Filing Date: 7/13/2020 Jurisdiction Ends: 9/16/2020 Public Hearing: 8/17/2020
Rule Type Action CSI FYR Rule Number Rule Title
New Rule Original Filing Yes No 3745-52-01 Definitions - generator standards.
New Rule Original Filing Yes No 3745-52-11 Hazardous waste determination and recordkeeping.
New Rule Original Filing Yes Exempt 3745-52-13 Generator category determinations.
New Rule Original Filing Yes No 3745-52-14 Conditions for exemption for very small quantity generators.
Satellite accumulation area requirements for small quantity generators and large
New Rule Original Filing Yes No 3745-52-15
quantity generators.
Conditions for exemption for small quantity generators that accumulate hazardous
New Rule Original Filing Yes No 3745-52-16
waste.
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JCARR 77 South High Street • Concourse Level • Columbus, Ohio 43215 • (614) 466-4086 • www.jcarr.state.oh.us • Page 13 • 8/17/2020
JOINT COMMITTEE ON AGENCY RULE REVIEW
FINAL AGENDA 8/17/2020 - 1:30 P.M. FINAL AGENDA
Senate Finance Hearing Room (Finan Hearing Room)
Conditions for exemption for large quantity generators that accumulate hazardous
New Rule Original Filing Yes No 3745-52-17
waste.
U.S. EPA identification numbers and re-notification for small quantity generators
New Rule Original Filing Yes Exempt 3745-52-18
and large quantity generators.
Amendment Original Filing Yes Exempt 3745-52-20 Manifest - general requirements.
New Rule Original Filing Yes Exempt 3745-52-24 Use of the electronic manifest.
New Rule Original Filing Yes Exempt 3745-52-25 Electronic manifest signatures.
Amendment Original Filing Yes Exempt 3745-52-32 Marking.
New Rule Original Filing Yes Exempt 3745-52-35 Liquids in landfills prohibition.
Amendment Original Filing Yes Exempt 3745-52-40 Recordkeeping.
New Rule Original Filing Yes No 3745-52-41 Biennial report for large quantity generators.
New Rule Original Filing Yes Exempt 3745-52-44 Recordkeeping for small quantity generators.
Applicability - transboundary movement of hazardous waste for recovery or
New Rule Original Filing Yes Exempt 3745-52-80
disposal.
Amendment Original Filing Yes Exempt 3745-52-200 Definitions- university labs.
Amendment Original Filing Yes Exempt 3745-52-201 Applicability- university labs.
Amendment Original Filing Yes Exempt 3745-52-202 Use of the university lab rules is an option.
How an eligible academic entity indicates it will be subject to the university lab
Amendment Original Filing Yes Exempt 3745-52-203
rules.
How an eligible academic entity indicates it will withdraw from the university lab
Amendment Original Filing Yes Exempt 3745-52-204
rules.
Amendment Original Filing Yes Exempt 3745-52-207 Training.
Amendment Original Filing Yes Exempt 3745-52-208 Removing containers of unwanted material from the laboratory.
Total Rules: 1 Original Filing Date: 7/13/2020 Date of Revised Filing: 7/29/2020 Jurisdiction Ends: 9/16/2020 Public Hearing: 8/17/2020
Rule Type Action CSI FYR Rule Number Rule Title
Conditions for exemption for large quantity generators that accumulate hazardous
New Rule Revised Filing Yes No 3745-52-17
waste.
38 Ohio Environmental Protection Agency •
Total Rules: 24 Original Filing Date: 7/13/2020 Jurisdiction Ends: 9/16/2020 Public Hearing: 8/17/2020
Rule Type Action CSI FYR Rule Number Rule Title
Where and when to make the hazardous waste determination and where to send
Amendment Original Filing Yes Exempt 3745-52-209
containers of unwanted material upon removal from the laboratory.
Making the hazardous waste determination in the laboratory before the unwanted
Amendment Original Filing Yes Exempt 3745-52-210
material is removed from the laboratory.
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JCARR 77 South High Street • Concourse Level • Columbus, Ohio 43215 • (614) 466-4086 • www.jcarr.state.oh.us • Page 14 • 8/17/2020
JOINT COMMITTEE ON AGENCY RULE REVIEW
FINAL AGENDA 8/17/2020 - 1:30 P.M. FINAL AGENDA
Senate Finance Hearing Room (Finan Hearing Room)
Amendment Original Filing Yes Exempt 3745-52-211 Making the hazardous waste determination at an on-site central accumulation area.
Making the hazardous waste determination at an on-site interim or permitted
Amendment Original Filing Yes Exempt 3745-52-212
treatment, storage, or disposal facility.
Amendment Original Filing Yes Exempt 3745-52-213 Laboratory clean-outs.
Amendment Original Filing Yes Exempt 3745-52-214 Laboratory management plan.
Amendment Original Filing Yes Exempt 3745-52-216 Non-laboratory hazardous waste generated at an eligible academic entity.
New Rule Original Filing Yes Exempt 3745-52-230 Applicability - alternative standards for episodic generation.
New Rule Original Filing Yes Exempt 3745-52-231 Definitions - alternative standards for episodic generation.
New Rule Original Filing Yes No 3745-52-232 Conditions for generators that manage hazardous waste from an episodic event.
New Rule Original Filing Yes Exempt 3745-52-233 Petition to manage one additional episodic event per calendar year.
Applicability - preparedness, prevention, and emergency procedures for large
New Rule Original Filing Yes Exempt 3745-52-250
quantity generators.
Maintenance and operation of facility - preparedness, prevention, and emergency
New Rule Original Filing Yes Exempt 3745-52-251
procedures for large quantity generators.
Required equipment - preparedness, prevention, and emergency procedures for
New Rule Original Filing Yes Exempt 3745-52-252
large quantity generators.
Testing and maintenance of equipment - preparedness, prevention, and
New Rule Original Filing Yes Exempt 3745-52-253
emergency procedures for large quantity generators.
Access to communications or alarm system - preparedness, prevention, and
New Rule Original Filing Yes Exempt 3745-52-254
emergency procedures for large quantity generators.
Required aisle space - preparedness, prevention, and emergency procedures for
New Rule Original Filing Yes Exempt 3745-52-255
large quantity generators.
Arrangements with local authorities - preparedness, prevention, and emergency
New Rule Original Filing Yes Exempt 3745-52-256
procedures for large quantity generators.
Purpose and implementation of contingency plan - preparedness, prevention, and
New Rule Original Filing Yes Exempt 3745-52-260
emergency procedures for large quantity generators.
Content of contingency plan - preparedness, prevention, and emergency
New Rule Original Filing Yes Exempt 3745-52-261
procedures for large quantity generators.
Copies of contingency plan - preparedness, prevention, and emergency
New Rule Original Filing Yes Exempt 3745-52-262
procedures for large quantity generators.
Amendment of contingency plan - preparedness, prevention, and emergency
New Rule Original Filing Yes Exempt 3745-52-263
procedures for large quantity generators.
Emergency coordinator - preparedness, prevention, and emergency procedures for
New Rule Original Filing Yes Exempt 3745-52-264
large quantity generators.
Emergency procedures - preparedness, prevention, and emergency procedures for
New Rule Original Filing Yes Exempt 3745-52-265
large quantity generators.
39 Ohio Environmental Protection Agency •
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JCARR 77 South High Street • Concourse Level • Columbus, Ohio 43215 • (614) 466-4086 • www.jcarr.state.oh.us • Page 15 • 8/17/2020
JOINT COMMITTEE ON AGENCY RULE REVIEW
FINAL AGENDA 8/17/2020 - 1:30 P.M. FINAL AGENDA
Senate Finance Hearing Room (Finan Hearing Room)
Total Rules: 19 Original Filing Date: 7/13/2020 Jurisdiction Ends: 9/16/2020 Public Hearing: 8/17/2020
Rule Type Action CSI FYR Rule Number Rule Title
Amendment Original Filing Yes Exempt 3745-53-10 Applicability- transporter standards.
Amendment Original Filing Yes Exempt 3745-53-11 U.S. EPA identification number- transporters.
New Rule Original Filing Yes No 3745-53-12 Transfer facility requirements.
New Rule Original Filing Yes Exempt 3745-53-20 The manifest system and acceptance and handling of hazardous waste.
Amendment Original Filing Yes Exempt 3745-53-21 Compliance with the manifest.
New Rule Original Filing Yes Exempt 3745-53-25 Electronic manifest signatures.
Purpose, scope, and applicability of Chapters 3745-54 to 3745-57 and 3745-205 of
Amendment Original Filing Yes Yes 3745-54-01
the Administrative Code.
New Rule Original Filing Yes Exempt 3745-54-12 Required notices.
Amendment Original Filing Yes Yes 3745-54-15 General inspection requirements.
New Rule Original Filing Yes Exempt 3745-54-71 Use of manifest system.
New Rule Original Filing Yes Exempt 3745-54-75 Biennial report.
Amendment Original Filing Yes Exempt 3745-55-70 Applicability - use and management of containers.
Amendment Original Filing Yes Exempt 3745-55-74 Inspections- containers.
Amendment Original Filing Yes Exempt 3745-55-91 Assessment of existing tank systems integrity.
Purpose, scope, and applicability of Chapters 3745-65 to 3745-69 and 3745-256 of
Amendment Original Filing Yes Yes 3745-65-01
the Administrative Code.
New Rule Original Filing Yes Exempt 3745-65-12 Required notices.
Amendment Original Filing Yes Yes 3745-65-15 General inspection requirements.
New Rule Original Filing Yes Exempt 3745-65-71 Use of manifest system.
New Rule Original Filing Yes Exempt 3745-65-75 Biennial report.
40 Ohio Environmental Protection Agency •
Total Rules: 21 Original Filing Date: 7/13/2020 Jurisdiction Ends: 9/16/2020 Public Hearing: 8/17/2020
Rule Type Action CSI FYR Rule Number Rule Title
Amendment Original Filing Yes Yes 3745-66-74 Inspections- containers.
Amendment Original Filing Yes Exempt 3745-66-90 Applicability- tanks.
Amendment Original Filing Yes Yes 3745-66-93 Containment and detection of releases- tanks.
General operating requirements and applicability- chemical, physical, and
Amendment Original Filing Yes Exempt 3745-69-01
biological treatment.
Amendment Original Filing Yes Exempt 3745-256-200 Applicability- military munitions.
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JCARR 77 South High Street • Concourse Level • Columbus, Ohio 43215 • (614) 466-4086 • www.jcarr.state.oh.us • Page 16 • 8/17/2020
JOINT COMMITTEE ON AGENCY RULE REVIEW
FINAL AGENDA 8/17/2020 - 1:30 P.M. FINAL AGENDA
Senate Finance Hearing Room (Finan Hearing Room)
Click on the rule number in blue above to view the rule in its entirety on the Register of Ohio website.
JCARR 77 South High Street • Concourse Level • Columbus, Ohio 43215 • (614) 466-4086 • www.jcarr.state.oh.us • Page 17 • 8/17/2020
JOINT COMMITTEE ON AGENCY RULE REVIEW
FINAL AGENDA 8/17/2020 - 1:30 P.M. FINAL AGENDA
Senate Finance Hearing Room (Finan Hearing Room)
Amendment Original Filing Yes Yes 3745-273-33 Waste management - standards for large quantity handlers of universal waste.
Tracking universal waste shipments- standards for large quantity handlers of
Amendment Original Filing Yes Yes 3745-273-39
universal waste.
Amendment Original Filing Yes Yes 3745-273-62 Tracking universal waste shipments- standards for destination facilities.
Factors that the director will evaluate regarding petitions to include other wastes
Amendment Original Filing Yes Exempt 3745-273-81
under Chapter 3745-273 of the Administrative Code.
Amendment Original Filing Yes Exempt 3745-279-10 Applicability - recycled used oil management standards.
42 Ohio Environmental Protection Agency •
Total Rules: 2 Original Filing Date: 6/17/2020 Jurisdiction Ends: 8/21/2020 Public Hearing: 7/22/2020
Rule Type Action CSI FYR Rule Number Rule Title
Amendment Original Filing Yes Yes 3745-88-01 Definitions.
Amendment Original Filing Yes Yes 3745-88-02 Disadvantaged community loans.
43 Ohio Environmental Protection Agency •
Total Rules: 2 Original Filing Date: 7/8/2020 Jurisdiction Ends: 9/11/2020 Public Hearing: 8/13/2020
Rule Type Action CSI FYR Rule Number Rule Title
Rescission Original Filing Yes Yes 3745-27-90 Standards for solid waste management districts.
New Rule Original Filing Yes No 3745-27-90 Standards for solid waste management districts.
44 Ohio Environmental Protection Agency •
Total Rules: 1 Original Filing Date: 6/25/2020 Jurisdiction Ends: 8/29/2020 Public Hearing: 7/30/2020
Rule Type Action CSI FYR Rule Number Rule Title
Requirements for professional engineer certification of plans, specifications, and
Amendment Original Filing Yes Yes 3745-27-99
information.
45 Ohio Legislative Service Commission •
Total Rules: 2 Original Filing Date: 6/29/2020 Jurisdiction Ends: 9/2/2020 Public Hearing:
Rule Type Action CSI FYR Rule Number Rule Title
Rescission Original Filing No Yes 103-1-05 Distribution of rule drafting manual.
Amendment Original Filing No Yes 103-3-01 Duties of LSC director concerning codification of rules.
46 Ohio Occupational Therapy, Physical Therapy, and Athletic Trainers Board •
Total Rules: 40 Original Filing Date: 7/15/2020 Jurisdiction Ends: 9/18/2020 Public Hearing: 8/19/2020
Rule Type Action CSI FYR Rule Number Rule Title
New Rule Original Filing Yes No 4755-61-01 Notice of meetings.
Click on the rule number in blue above to view the rule in its entirety on the Register of Ohio website.
JCARR 77 South High Street • Concourse Level • Columbus, Ohio 43215 • (614) 466-4086 • www.jcarr.state.oh.us • Page 18 • 8/17/2020
JOINT COMMITTEE ON AGENCY RULE REVIEW
FINAL AGENDA 8/17/2020 - 1:30 P.M. FINAL AGENDA
Senate Finance Hearing Room (Finan Hearing Room)
New Rule Original Filing Yes No 4755-61-02 Method of public notice in adopting, amending, or rescinding rules.
New Rule Original Filing Yes No 4755-61-03 Definitions governing access to confidential personal information.
New Rule Original Filing Yes No 4755-61-04 Procedures for accessing confidential personal information.
New Rule Original Filing Yes No 4755-61-05 Valid reasons for accessing confidential personal information.
New Rule Original Filing Yes No 4755-61-06 Confidentiality statutes.
Restricting and logging access to confidential personal information in computerized
New Rule Original Filing Yes No 4755-61-07
personal information systems.
New Rule Original Filing Yes No 4755-62-01 Definition of terms.
New Rule Original Filing Yes No 4755-62-02 Device-related and scope of practice definitions.
New Rule Original Filing Yes No 4755-63-01 Applications for initial licensure by examination.
New Rule Original Filing Yes No 4755-63-02 Licensure by endorsement.
New Rule Original Filing Yes No 4755-63-03 Educational programs.
New Rule Original Filing Yes No 4755-63-04 Certificate program requirements.
New Rule Original Filing Yes No 4755-63-05 Examinations.
New Rule Original Filing Yes No 4755-63-06 Temporary license application procedure.
New Rule Original Filing Yes No 4755-63-07 Certificate of license; display.
New Rule Original Filing Yes No 4755-63-08 Biennial renewal of license.
New Rule Original Filing Yes No 4755-63-09 Reinstatement of licensure.
New Rule Original Filing Yes No 4755-63-10 Reinstatement or reconsideration of denied/revoked license.
New Rule Original Filing Yes No 4755-63-11 Verification of licensure.
New Rule Original Filing Yes No 4755-63-12 Criminal records check.
New Rule Original Filing Yes No 4755-63-14 Foreign education licensure.
New Rule Original Filing Yes No 4755-64-01 Ethical and professional conduct.
New Rule Original Filing Yes No 4755-64-02 Proper use of credentials.
New Rule Original Filing Yes No 4755-64-03 Investigations.
New Rule Original Filing Yes No 4755-64-04 Denial and disciplinary action procedures.
New Rule Original Filing Yes No 4755-64-05 Notice of change of name, place of employment, e-mail, and mailing address.
New Rule Original Filing Yes No 4755-65-01 Continuing education requirements and reporting.
New Rule Original Filing Yes No 4755-65-02 Waivers for continuing education.
New Rule Original Filing Yes No 4755-66-01 Initial license fee.
New Rule Original Filing Yes No 4755-66-02 Temporary license fee.
New Rule Original Filing Yes No 4755-66-03 Reinstatement fee.
Click on the rule number in blue above to view the rule in its entirety on the Register of Ohio website.
JCARR 77 South High Street • Concourse Level • Columbus, Ohio 43215 • (614) 466-4086 • www.jcarr.state.oh.us • Page 19 • 8/17/2020
JOINT COMMITTEE ON AGENCY RULE REVIEW
FINAL AGENDA 8/17/2020 - 1:30 P.M. FINAL AGENDA
Senate Finance Hearing Room (Finan Hearing Room)
JCARR 77 South High Street • Concourse Level • Columbus, Ohio 43215 • (614) 466-4086 • www.jcarr.state.oh.us • Page 20 • 8/17/2020
JOINT COMMITTEE ON AGENCY RULE REVIEW
FINAL AGENDA 8/17/2020 - 1:30 P.M. FINAL AGENDA
Senate Finance Hearing Room (Finan Hearing Room)
Amendment Original Filing Yes No 4761-9-01 Definition of respiratory care continuing education.
Amendment Original Filing Yes No 4761-9-05 Approved sources of RCCE.
Amendment Original Filing Yes Yes 4761-9-07 Auditing for compliance with RCCE requirements.
Amendment Original Filing Yes Yes 4761-10-03 Providing information to the board.
50 State Board of Orthotics, Prosthetics, and Pedorthics •
Total Rules: 28 Original Filing Date: 7/15/2020 Jurisdiction Ends: 9/18/2020 Public Hearing: 8/19/2020
Rule Type Action CSI FYR Rule Number Rule Title
Public hearings on adoption, amendment, or rescission of rules: methods of public
Rescission Original Filing Yes Yes 4779-1-01
notice.
Rescission Original Filing Yes Yes 4779-1-02 Notice of board meetings.
Rescission Original Filing Yes Yes 4779-2-01 Board organization.
Rescission Original Filing Yes Yes 4779-2-02 Personnel.
Rescission Original Filing Yes Yes 4779-2-03 Board records.
Rescission Original Filing Yes Yes 4779-3-01 Definition of terms.
Rescission Original Filing Yes Yes 4779-3-02 Device-related and scope of practice definitions.
Rescission Original Filing Yes Yes 4779-4-01 Approval of educational programs.
Rescission Original Filing Yes Yes 4779-5-01 The examinations.
Rescission Original Filing Yes Yes 4779-5-02 Admission to the examination.
Rescission Original Filing Yes Yes 4779-5-03 License application procedure.
Rescission Original Filing Yes Yes 4779-5-04 Limited reciprocity.
Rescission Original Filing Yes Yes 4779-5-05 Consideration of military experience, education, training and term of service.
Rescission Original Filing Yes Yes 4779-6-01 Temporary license application procedure.
Rescission Original Filing Yes Yes 4779-7-01 Original license documents.
Rescission Original Filing Yes Yes 4779-8-01 Renewal of license.
Rescission Original Filing Yes Yes 4779-9-01 Continuing education requirements and reporting (OPPCE).
Rescission Original Filing Yes Yes 4779-9-02 Activities which meet the OPPCE requirements.
Rescission Original Filing Yes Yes 4779-9-03 OPPCE accrual deficiency and remediation.
Rescission Original Filing Yes Yes 4779-9-04 Extension of OPPCE reporting period for licensee called to active duty military.
Rescission Original Filing Yes Yes 4779-10-01 Ethical and professional conduct.
Rescission Original Filing Yes Yes 4779-10-02 Proper use of credentials.
Rescission Original Filing Yes Yes 4779-12-01 Fees.
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JOINT COMMITTEE ON AGENCY RULE REVIEW
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JOINT COMMITTEE ON AGENCY RULE REVIEW
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Amendment Original Filing Yes No 4730-2-05 Addition of valid prescriber number after initial licensure.
Rescission Original Filing Yes Yes 4730-2-06 Physician assistant formulary.
Amendment Original Filing Yes Yes 4730-2-07 Standards for prescribing.
Standards and procedures for review of "Ohio Automated Rx Reporting
Amendment Original Filing Yes No 4730-2-10
System" (OARRS).
58 State Medical Board - Physician Assistant Licensing •
Total Rules: 2 Original Filing Date: 6/19/2020 Jurisdiction Ends: 8/23/2020 Public Hearing: 7/23/2020
Rule Type Action CSI FYR Rule Number Rule Title
Amendment Original Filing Yes No 4730-4-01 Definitions.
Standards and procedures for withdrawal management for drug or alcohol
New Rule Original Filing Yes No 4730-4-02
addiction.
Total Rules: 1 Original Filing Date: 6/19/2020 Date of Refiled Filing: 8/14/2020 Jurisdiction Ends: 9/13/2020 Public Hearing: 7/23/2020
Rule Type Action CSI FYR Rule Number Rule Title
Standards and procedures for withdrawal management for drug or alcohol
New Rule Refiled Filing Yes No 4730-4-02
addiction.
59 Unemployment Compensation Review Commission •
Total Rules: 1 Original Filing Date: 5/22/2020 Date of Refiled Filing: 7/31/2020 Jurisdiction Ends: 8/30/2020 Public Hearing: 7/1/2020
Rule Type Action CSI FYR Rule Number Rule Title
Amendment Refiled Filing No Yes 4146-5-08 Documents to be considered in telephone hearings.
To Be Refiled
60 Department of Aging •
Total Rules: 1 Original Filing Date: 6/29/2020 Date of To Be Refiled: 8/13/2020 Jurisdiction Ends: Public Hearing: 8/4/2020
Rule Type Action CSI FYR Rule Number Rule Title
Amendment To Be Refiled Yes Yes 173-39-04 ODA provider certification: structural compliance reviews.
61 Department of Public Safety • Private Investigator Security Guard Services
Total Rules: 4 Original Filing Date: 6/26/2020 Jurisdiction Ends: 8/30/2020 Public Hearing: 7/28/2020
Rule Type Action CSI FYR Rule Number Rule Title
Amendment Original Filing Yes Yes 4501:7-1-06 Required experience.
Rescission Original Filing Yes Yes 4501:7-1-11 Records.
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JOINT COMMITTEE ON AGENCY RULE REVIEW
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Withdrawn
64 Department of Administrative Services • Division of EEO for Construction
Total Rules: 15 Original Filing Date: 7/10/2020 Date of Withdrawn Filing: 7/22/2020 Jurisdiction Ends: Public Hearing: 8/10/2020
Rule Type Action CSI FYR Rule Number Rule Title
New Rule Withdrawn Filing Yes No 123:2-14-01 Definitions.
New Rule Withdrawn Filing Yes No 123:2-14-02 Certification criteria.
New Rule Withdrawn Filing Yes No 123:2-14-03 Recertification.
New Rule Withdrawn Filing Yes No 123:2-14-04 Expedited certification.
New Rule Withdrawn Filing Yes No 123:2-14-05 Joint venture.
New Rule Withdrawn Filing Yes No 123:2-14-06 Commercially useful function.
New Rule Withdrawn Filing Yes No 123:2-14-07 Revocation.
New Rule Withdrawn Filing Yes No 123:2-14-08 Adjudication hearings.
New Rule Withdrawn Filing No No 123:2-14-09 EDGE procurement goals.
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JOINT COMMITTEE ON AGENCY RULE REVIEW
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New Rule Withdrawn Filing Yes No 123:2-14-10 Demonstration of good faith effort to include EDGE business participation.
New Rule Withdrawn Filing No No 123:2-14-11 Annual expenditure projection report.
New Rule Withdrawn Filing No No 123:2-14-12 Quarterly expenditure report.
New Rule Withdrawn Filing No No 123:2-14-13 EDGE participation goals in solicitations and contracts.
New Rule Withdrawn Filing No No 123:2-14-14 EDGE data collection.
New Rule Withdrawn Filing No No 123:2-14-15 Monitoring waiver compliance.
65 Department of Administrative Services • Division of EEO for Construction
Total Rules: 22 Original Filing Date: 7/10/2020 Date of Withdrawn Filing: 7/22/2020 Jurisdiction Ends: Public Hearing: 8/10/2020
Rule Type Action CSI FYR Rule Number Rule Title
Rescission Withdrawn Filing Yes Yes 123:2-15-01 Application for certification as a minority business enterprise.
Rescission Withdrawn Filing Yes Yes 123:2-15-02 Bid notifications and specifications concerning minority business enterprises.
Rescission Withdrawn Filing Yes Yes 123:2-15-03 Minority set aside review board established.
Rescission Withdrawn Filing Yes Yes 123:2-15-04 Application to the minority set aside review board.
Rescission Withdrawn Filing Yes Yes 123:2-15-05 Minority set aside review board procedures for emergency contracts.
Rescission Withdrawn Filing Yes Yes 123:2-15-06 Minority set aside review board notice of meetings.
Rescission Withdrawn Filing Yes Yes 123:2-16-01 Definitions.
Rescission Withdrawn Filing Yes Yes 123:2-16-02 Certification criteria.
Rescission Withdrawn Filing Yes Yes 123:2-16-03 Certification of business structure.
Rescission Withdrawn Filing Yes Yes 123:2-16-04 Expedited certification.
Rescission Withdrawn Filing Yes Yes 123:2-16-05 Recertification.
Rescission Withdrawn Filing Yes Yes 123:2-16-06 Decertification and revocation.
Rescission Withdrawn Filing Yes Yes 123:2-16-07 Adjudication hearings.
Rescission Withdrawn Filing No Yes 123:2-16-08 Edge participation goals.
Rescission Withdrawn Filing Yes Yes 123:2-16-09 Demonstration of good faith effort to include EDGE business participation.
Rescission Withdrawn Filing No Yes 123:2-16-10 Annual expenditure projection report.
Rescission Withdrawn Filing No Yes 123:2-16-11 Quarterly expenditure report.
Rescission Withdrawn Filing No Yes 123:2-16-12 Proposals.
Rescission Withdrawn Filing No Yes 123:2-16-13 EDGE data collection.
Rescission Withdrawn Filing Yes Yes 123:2-16-14 Joint venture.
Rescission Withdrawn Filing Yes Yes 123:2-16-15 Commercially useful function.
Rescission Withdrawn Filing No Yes 123:2-16-16 Monitoring waiver compliance.
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JOINT COMMITTEE ON AGENCY RULE REVIEW
FINAL AGENDA 8/17/2020 - 1:30 P.M. FINAL AGENDA
Senate Finance Hearing Room (Finan Hearing Room)
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