When the draft rule has completed the Interested Party Review process, and Ohio EPA has made any additional changes based on comments received, the rule is filed with the Joint Committee on Agency Rule Review, Secretary of State and Legislative Service Commission (LSC). JCARR is a legislative committee who reviews agency rules to determine if they are within the regulatory authority of the Agency, they do not conflict with any other rules of the Agency or other agencies, and that the Agency has completed the various paperwork required for proposing rule language (RSFA, BIA, IBR and others).

See below for a listing of rules the Agency has proposed with JCARR.

Beneficial Use Designation Rules OAC Chapter 3745-1 Wave 2020

Ohio Administrative Code (OAC) Chapter 3745-1 contains the Water Quality Standards program rules. 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 use designations; and procedures for applying the water quality criteria to wastewater dischargers.

Beneficial use designations are the water quality goals for lakes, rivers, streams and other water bodies. Designations include such uses as aquatic life habitats (warmwater, coldwater, etc.), recreation (bathing waters, primary contact, secondary contact) and water supplies (public, agricultural, industrial).

Beneficial use designations are assigned to specific water bodies in Chapter 3745-1 of the OAC. Each of the 23 major drainage basins or watersheds in the state is assigned a rule in Chapter 3745-1. Specific water quality criteria are associated with each beneficial use and are the minimum specific target conditions to be maintained in the water bodies. Together the uses and criteria may be the basis for permit limits in wastewater discharge permits and conditions in Section 401 water quality certifications.

This rulemaking includes review of beneficial use designations in 4 basins. Please see the fact sheet, public notice, and proposed rules below for specific information. For more information about the Water Quality Standards program, visit the Water Quality Standards Program web page.

This rules package will be proposed on September 6, 2022.

The comment deadline is October 11, 2022 by 5 p.m.

Available Documents

• Fact Sheet
• Public Notice
• Response to Comments
  

Proposed Rules

Support Documents

OAC Rules 3745-1-08, -15, -18, and -22

• Beneficial Use Recommendations Summary for Select Tributaries in the Little Beaver Creek, Hocking, Chagrin and Little Miami River Drainage Basins (OAC 3745-1), Ohio EPA, 2021

Rule OAC 3745-1-08

• 2016 and 2017 Biological and Habitat Studies of the Rivers and Streams in 33 Section 319(h) and SWIF/GLRI Project Areas in Ohio, Ohio EPA, 2020

Rule OAC 3745-1-18

• Biological and Water Quality Study of Little Miami River and Tributaries 2012, Midwest Biodiversity Institute, 2013
• Biological and Water Quality Study of Little Miami River and Selected Tributaries 2017, Midwest Biodiversity Institute, 2018.

For additional information or to submit comments

• To submit comments by e-mail please use this address: dsw_rulecomments@epa.ohio.gov
• If you would like further information about this rulemaking, please contact Melinda Harris at Melinda.Harris@epa.ohio.gov.