RULES: Variances - Public hearing and Public Comment Period
Proposed Rule – Water Quality Standards Variances Rule (OAC 3745-1-38)
Division of Surface Water
This rulemaking includes one rule, 3745-1-38, which was due for the five-year review required by state law. OAC 3745-1-38 covers variances from water quality standards for point sources. A variance is a mechanism that provides time for dischargers to meet water quality based effluent limitations while making incremental improvements to water quality. The rule details requirements for variance eligibility, time frames, application procedures and the approval process. The rule also includes the requirements for coverage under the multiple discharger variances.
Rule 3745-1-38 is under review to comply with state requirement to review rules every five years. State law and the federal Clean Water Act require Ohio EPA to periodically update rules to reflect the latest scientific information. The Agency has evaluated information regarding the rule listed above. The main changes being considered are:
Update of the rule requirements to be consistent with U.S. EPA’s 2015 revisions to the federal water quality standards variance requirements found in 40 CFR 131.41.
Allowing variances for Section 401 certifications of federal water quality actions (such as river dredging and temporary stream modifications).
The addition of an alternatives analysis to the individual variance application requirements to ensure that all alternatives to a variance are considered.
Update of the applicability and conditions of the multiple discharger mercury variance provisions.
Addition of a new multiple discharger ammonia variance for controlled discharge lagoon wastewater treatment systems in anticipation of the adoption of U.S. EPA’s 2013 revised ammonia aquatic life criteria recommendations.
Reorganize the structure of the rule to make it more user-friendly. 7) Minor language changes to remove regulatory restrictions and improve clarity.
Ohio EPA will hold an in-person and virtual public hearing on the rules on Thursday, June 5, 2025 at 2 p.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.
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 June 5, 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. 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. June 5, 2025.
Proposed Rule – Water Quality Standards Variances Rule (OAC 3745-1-38)
Division of Surface Water
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