3745-1-05 Antidegradation.  

  • Text Box: ACTION: Original Text Box: DATE: 10/05/2010 8:55 AM

     

     

     

     

    BEFORE THE

    OHIO ENVIRONMENTAL PROTECTION AGENCY

     

    Public Notice             Proposed Rulemaking Governing

    Surface Water Quality Standards Program

     

    Notice is hereby given that the Director of Environmental Protection, under the authority of Section 6111.041 of the Ohio Revised Code and in accordance with Chapter 119 of the Revised Code, proposes to adopt amendments to the following rule of the Ohio Administrative Code:

     

    Rule #

    Rule Title

    Action

     

    3745-1-05

     

    Antidegradation.

     

    Amend

     

     

    Chapter 3745-1 of the Administrative Code addresses water quality standards for surface waters of the state. The rules in Chapter 3745-1 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 antidegradation provisions that establish a procedure to determine that a discharge is necessary before authorizing it.

     

    The proposed changes to rule 3745-1-05 will: clarify rule applicability exemptions for existing sources discharging to waters of the state; clarify the allocation of the reserve portion of a water body's pollutant assimilative capacity for outstanding state waters and superior high quality waters; and clarify petition procedures for revising set aside percentages of a water body's pollutant assimilative capacity.

     

    The public comment period will run until 5:00 p.m. on November 10, 2010. A public hearing on these proposed rule amendments will be held to consider public comments in accordance with Section 119.03 of the Ohio Revised Code. This hearing will be held in Conference Room D at the Ohio EPA Central Office, 50 West Town Street, Suite 700, Columbus, Ohio at 2:00 p.m. on November 10, 2010.

     

    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 rules.

    Written testimony should be sent to the attention of Rule Coordinator at the Ohio EPA 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 5:00 p.m. on November 10, 2010, will be considered by Ohio EPA prior to final action on this rulemaking. Written comments submitted after this date may be considered as time and circumstances permit.

    For questions regarding this rule package or to receive a copy of the proposed rule, please contact Mark Stump, Division of Surface Water, at (614) 644-2028 or by email at  mark.stump@epa.state.oh.us. In addition, the proposed rule is available for review at any Ohio EPA district office and at the Ohio EPA central office. The proposed rule is also accessible on the Ohio EPA website at www.epa.ohio.gov/dsw and the Register of Ohio website at www.registerofohio.state.oh.us.