Proposed Rules – Credible Data Program (OAC chapter 3745-4)

Division of Surface Water

• Minor language and formatting changes to clarify rules and comply with Senate Bill 9.
• Removal of references to the Credible Data Online Application database.

• Modification to the ‘credible by rule’ definition.

• Modification to definition of ‘compelling reasons’, ‘primary headwater habitat stream’, and ‘headwater habitat evaluation index’.
• Added a definition for ‘ongoing project’.

• Updates to requirements for Level 2 and Level 3 Qualified Data Collectors (QDCs) including:
• Level 2: removal of requirement for one year of experience developing water quality sampling plans, quality assurance plans, and data quality objectives for all specialties, adding training as a substitute for experience in section (A)(2)(d)(ii) for chemical water quality assessment.
• Level 3: change the time between taking training and submitting application for fish community biology to two years, removal of minimum times for many requirements in all specialties. 
• Update to the definition of “active participation” to include submittal of permit-related data, and Ohio EPA-related contract work explicitly for certification renewal purposes.
• Removal of the automatic renewal process for Level 3 QDCs.
• Extension of Level 3 initial certification from 2 years to 3 years.
• Extension of Level 3 certification renewal period from 3 years to 5 years and extension of Level 3 grace period from 3 months to 6 months.
• Clarifying requirements for trainer applications.
• Addition of ‘Emeritus’ status option for experienced certified trainers.

• Removal of requirement for Level 1 QDCs to submit a study plan and some data reporting requirements.

• Minor changes to study plan and data reporting requirements.
• Appendix A: Removal of voucher requirements of macroinvertebrates for Level 2 project study plans.

• Modification to requirements for Level 3 laboratories.
• Minor updates to the data reporting requirements and data review process.
• Updated references included removing of duplicative references found in U.S. EPA. 40 C.F.R. 136.

Ohio EPA will hold an in-person and virtual public hearing on the rules on Thursday May 29, 2025, at 10:30 a.m. The in-person hearing will be at the same time and date and will be located at Ohio EPA, Suite 700, 50 W. Town Street, Columbus, Ohio 43215. During the hearing, the public may submit written comments on the record about the proposed rules. If participating virtually, comments may be submitted electronically and may be submitted verbally if participating in person. To facilitate the scheduling of oral presentations, persons intending to give testimony in-person at the hearing should notify Mary McCarron at the Ohio EPA Public Interest Center, mary.mccarron@epa.ohio.gov or (614) 644-2160.

Citizens who want to participate virtually must register in advance for the meeting at: https://attendee.gotowebinar.com/register/952054371045453152

Written comments may be submitted during the virtual public hearing. All comments received at the virtual hearing or via email by close of business on May 29, 2025 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. Written comments submitted after this date may be considered as time and circumstances permit. At the close of the public comment period, the Agency will review the comments, make any necessary revisions to the rules, and then adopt the rules.

Comments on the proposed rules must be received no later than 5 p.m. on May 29, 2025.

Copies of this fact sheet, CSI form and the proposed rules are on the Division of Surface Water website at https://epa.ohio.gov/divisions-and-offices/surface-water/regulations/proposed-rules. 

For more information, contact Kelsey Heyob at Kelsey.Heyob@epa.ohio.gov or by phone at (614) 705-1011.