RULES: Limited CSO Recreation Sub-Use and General Use Attainability Analysis (OAC 3745-1)
Early Stakeholder Outreach - Beneficial Use Designation - Limited CSO Recreation Sub-Use and General Use Attainability Analysis (OAC 3745-1)
What does OAC Chapter 3745-1 cover?
Ohio Administrative Code (OAC) Chapter 3745-1 contains Ohio’s standards for water quality. Water quality standards are state regulations or rules that protect lakes, rivers, streams and other surface water bodies from pollution. These rules contain: beneficial use designations such as warmwater aquatic life habitat, public water supply and primary contact recreation; numeric levels and narrative statements (water quality criteria) protective of the beneficial use designations; and procedures for applying the water quality criteria to wastewater discharges.
What changes are being considered?
The Agency is considering the addition of a new beneficial use that is subordinate to the existing recreation uses and limited to waters of the state that receive discharges from combined sewer overflows (CSOs). Additionally, the Agency is considering the addition of a general Use Attainability Analysis (UAA) which would establish a streamlined process for CSO permittees that are attaining a high CSO level of control to have the sub-use applied to CSO receiving streams.
3745-1-07 Beneficial Use Designations and biological criteria
Adding to paragraph (B)(3) to incorporate a new sub-use that is directly associated with CSO discharges, which would suspend the main use (bathing waters, primary contact, secondary contact) following a CSO discharge. The suspension would be limited, both spatially and temporally.
3745-1-37 Water Quality Criteria for Recreation Use Designations and Aesthetic Conditions
Adding paragraph (C)(2) to establish a multi-discharger UAA. Ohio EPA is considering whether to develop a UAA that broadly applies to CSO permittees that have attained a high level of control. The UAA would likely be based on Factor6, demonstrating that construction of CSO controls necessary to attain an even higher level of control would result in substantial and widespread economic and social impact. A rulemaking would incorporate eligibility criteria that would streamline the UAA process necessary to apply the new sub-use to CSO receiving streams.
Written comments will be accepted through close of business June 30, 2025.
What if I have questions?
For more information about the rulemaking, please contact David Brumbaugh at david.brumbaugh@epa.ohio.gov by phone at 614-644-2138.
Early Stakeholder Outreach - Beneficial Use Designation - Limited CSO Recreation Sub-Use and General Use Attainability Analysis (OAC 3745-1)
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