3745-1-07 Water use designations and statewide criteria.  

  • Text Box: ACTION: Revised Text Box: DATE: 07/14/2015 8:33 AM

     

     

     

    Rule Summary and Fiscal Analysis (Part A)

     

    Ohio Environmental Protection Agency

    Agency Name

     

    Division of Surface Water (DSW)                     Melinda M Harris

    Division                                                                  Contact

     

    50 West Town Street, Suite 700 PO Box 1049 Columbus OH 43216-1049

    614-728-1357        614-644-2745

    Agency Mailing Address (Plus Zip)                                       Phone                     Fax

    melinda.harris@epa.ohio.gov

    Email

    3745-1-07

    Rule Number

    AMENDMENT

    TYPE of rule filing

    Rule Title/Tag Line              Water use designations and statewide criteria.

    RULE SUMMARY

    1.  Is the rule being filed for five year review (FYR)? Yes

    2.  Are you proposing this rule as a result of recent legislation? No

    3.  Statute prescribing the procedure in accordance with the agency is required to adopt the rule: 119.03

    4.  Statute(s) authorizing agency to adopt the rule: 6111.041

    5.  Statute(s) the rule, as filed, amplifies or implements: 6111.041

    6.  State the reason(s) for proposing (i.e., why are you filing,) this rule:

    Ohio Revised Code 106.03 and 106.031 rule review.

    7.  If the rule is an AMENDMENT, then summarize the changes and the content of the proposed rule; If the rule type is RESCISSION, NEW or NO CHANGE, then summarize the content of the rule:

    This rule defines water body use designations and identifies statewide water quality

    criteria applicable to the use designations.

    The scope of this rule revision is limited to addressing Ohio's recreational water criteria, which are intended to protect human health from illness resulting from exposure to contaminated water while recreating in surface waters. To accomplish this, Ohio has categorized surface waters into three recreational uses: bathing waters, primary contact and secondary contact, and assigned numeric criteria for each category that presents unsafe levels of bacterial contamination from being present in the water. The existing criteria can be found in table 7-13 of OAC

    3745-1-07.

    U.S. Environmental Protection Agency revised its national recommendations for recreational water quality criteria in November 2012. The revised recommendations are based on the latest research and science depicting the linkage between illness and fecal contamination in recreational waters. Please see the link to the U.S. EPA website at the end of this form for additional information. Ohio EPA is revising its criteria to incorporate these new recommendations. Revisions include:

    -Ohio's water quality standards currently subdivide the primary contact recreation use into three separate classes. The 2012 federal recreation criteria document does not support the subcategorizations as currently found in Ohio's water quality standards. As a result, Ohio EPA is removing the primary contact recreation subdivisions and condensing them into a single primary contact recreation use.

    Table 7-16, containing a list of Class A primary contact waters, will no longer serve a purpose and will be removed in its entirety.

    -In Ohio EPA's current rule, the geometric mean for sample results is calculated over the recreation season defined as, May 1 to October 31. Ohio EPA is revising the geometric mean averaging period to 30-days.

    -Ohio EPA is replacing the existing Single Sample Maximum terminology with the term "Statistical Threshold Value". This value approximates the 90th percentile of the water quality distribution and should not be exceeded by more than 10% of samples taken within a 30-day period.

    8.  If the rule incorporates a text or other material by reference and the agency claims the incorporation by reference is exempt from compliance with sections

    121.71 to 121.74 of the Revised Code because the text or other material is generally available to persons who reasonably can be expected to be affected by the rule, provide an explanation of how the text or other material is generally available to those persons:

    This rule contains references to the Ohio Administrative Code (OAC) and Ohio Revised Code (ORC). While copies of the OAC and ORC are generally available to the public through libraries and on-line sources, including the Ohio EPA website, ORC section 121.76(A) exempts such references from the provisions of OAC

    sections 121.71 through 121.75.

    The rule also contains a reference to the Code of Federal Regulations (C.F.R.). Those federal regulations are generally available to the public through libraries and on-line sources, including the Ohio EPA and U.S. EPA websites. ORC section 121.75(D) exempts such references from the provisions of ORC sections 121.71 through 121.75.

    The rule also references three methods manuals. Information on how to obtain these documents is included in rule 3745-1-03 of the Administrative Code.

    9.  If the rule incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material electronically, provide an explanation of why filing the text or other material electronically was infeasible:

    Not Applicable.

    10.  If the rule is being rescinded and incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material, provide an explanation of why filing the text or other material was infeasible:

    Not Applicable.

    11.  If revising or refiling this rule, identify changes made from the previously filed version of this rule; if none, please state so. If applicable, indicate each specific paragraph of the rule that has been modified:

    This rule was revise filed to remove the red and blue colored text from the rule.

    This rule was revise filed a second time to include a comment at the beginning of the rule to address incorporation by reference standards.

    12.  Five Year Review (FYR) Date: 7/8/2015

    (If the rule is not exempt and you answered NO to question No. 1, provide the scheduled review date. If you answered YES to No. 1, the review date for this rule is the filing date.)

    NOTE: If the rule is not exempt at the time of final filing, two dates are required: the current review date plus a date not to exceed 5 years from the effective date for Amended rules or a date not to exceed 5 years from the review date for No Change rules.

    FISCAL ANALYSIS

    13.  Estimate the total amount by which this proposed rule would increase / decrease either revenues / expenditures for the agency during the current biennium (in dollars): Explain the net impact of the proposed changes to the budget of your agency/department.

    This will have no impact on revenues or expenditures.

    $0

    This rule will neither increase nor decrease Ohio EPA revenues or expenditures during the current biennium.

    14.  Identify the appropriation (by line item etc.) that authorizes each expenditure necessitated by the proposed rule:

    Not Applicable.

    15.  Provide a summary of the estimated cost of compliance with the rule to all directly affected persons. When appropriate, please include the source for your information/estimated costs, e.g. industry, CFR, internal/agency:

    The water quality standards affect the business community indirectly through other regulatory programs that are designed to assure compliance with requirements based on meeting the water quality standards. These requirements take the form of effluent limits imposed by Ohio EPA through the NPDES permit program and the terms and conditions imposed through the 401 program for any activity that places dredge or fill materials into waters of the state. Though there is no direct cost associated with this water quality standards rulemaking, the Agency has evaluated potential costs the business community might incur through other CWA programs.

    For this rulemaking, there will be no impact on NPDES permittees discharging to streams that are designated bathing waters and secondary contact recreation. There will also be no impact on NPDES permittees discharging to streams that were designated Class A primary contact recreation. The criteria for these water body designations are not changing.

    NPDES permittees discharging to streams that were designated Class B or Class C primary contact recreation will need to meet more stringent permit limits for E. coli. The more stringent limits will be included in a permit upon renewal and a schedule of compliance to meet the more stringent limit will be included in the permit if necessary.

    There are approximately 1,450 permittees with E. coli limits that discharge to

    streams currently designated Class B or Class C primary contact recreation. A review of the E. coli monitoring data reported by these facilities for the 2014 recreation season shows that there are about 70 dischargers that would not be able to immediately comply with the lower permit limits.

    Many of these 70 facilities currently achieve the lower limits some of the time, suggesting that more consistent plant operation may be all that is necessary. Some dischargers may need to make adjustments to their existing treatment system to meet the more stringent effluent limits, such as increasing disinfectant feed or contact time. We expect any necessary treatment system upgrades or modifications to be minor and relatively inexpensive.

    16.  Does this rule have a fiscal effect on school districts, counties, townships, or municipal corporations? Yes

    You must complete Part B of the Rule Summary and Fiscal Analysis in order to comply with Am. Sub. S.B. 33 of the 120th General Assembly.

    17.  Does this rule deal with environmental protection or contain a component dealing with environmental protection as defined in R. C. 121.39? Yes

    You must complete the Environmental rule Adoption/Amendment Form in order to comply with Am. Sub. 106 of the 121st General Assembly.

    S.B. 2 (129th General Assembly) Questions

    18.  Has this rule been filed with the Common Sense Initiative Office pursuant to

    R.C. 121.82? Yes

    19.  Specific to this rule, answer the following:

    A.) Does this rule require a license, permit, or any other prior authorization to engage in or operate a line of business? No

    B.) Does this rule impose a criminal penalty, a civil penalty, or another sanction, or create a cause of action, for failure to comply with its terms? No

    C.) Does this rule require specific expenditures or the report of information as a condition of compliance? No

    Text Box: ACTION: Revised                                                                                                                                              Text Box: DATE: 07/14/2015 8:33 AM

    Page B-1                                                                                     Rule Number: 3745-1-07

    Rule Summary and Fiscal Analysis (Part B)

    1.  Does the Proposed rule have a fiscal effect on any of the following?

    (a)  School Districts

    (b)    Counties                                 (c) Townships           (d) Municipal

    Corporations

    Yes                              Yes                              Yes                              Yes

    2.  Please provide an estimate in dollars of the cost of compliance with the proposed rule for school districts, counties, townships, or municipal corporations. If you are unable to provide an estimate in dollars, please provide a written explanation of why it is not possible to provide such an estimate.

    The water quality standards affect the business community indirectly through other regulatory programs that are designed to assure compliance with requirements based on meeting the water quality standards. These requirements take the form of effluent limits imposed by Ohio EPA through the NPDES permit program and the terms and conditions imposed through the 401 program for any activity that places dredge or fill materials into waters of the state. Though there is no direct cost associated with this water quality standards rulemaking, the Agency has evaluated potential costs the business community might incur through other CWA programs.

    For this rulemaking, there will be no impact on NPDES permittees discharging to streams that are designated bathing waters and secondary contact recreation. There will also be no impact on NPDES permittees discharging to streams that were designated Class A primary contact recreation. The criteria for these water body designations are not changing.

    NPDES permittees discharging to streams that were designated Class B or Class C primary contact recreation will need to meet more stringent permit limits for E. coli. The more stringent limits will be included in a permit upon renewal and a schedule of compliance to meet the more stringent limit will be included in the permit if necessary.

    There are approximately 1,450 permittees with E. coli limits that discharge to streams currently designated Class B or Class C primary contact recreation. A review of the E. coli monitoring data reported by these facilities for the 2014 recreation season shows that there are about 70 dischargers that would not be able to immediately comply with the lower permit limits.

    Many of these 70 facilities currently achieve the lower limits some of the time, suggesting that more consistent plant operation may be all that is necessary. Some dischargers may need to make adjustments to their existing treatment system to

    meet the more stringent effluent limits, such as increasing disinfectant feed or contact time. We expect any necessary treatment system upgrades or modifications to be minor and relatively inexpensive.

    3.  If the proposed rule is the result of a federal requirement, does the proposed rule exceed the scope and intent of the federal requirement? No

    4.  If the proposed rule exceeds the minimum necessary federal requirement, please provide an estimate of, and justification for, the excess costs that exceed the cost of the federal requirement. In particular, please provide an estimate of the excess costs that exceed the cost of the federal requirement for (a) school districts, (b) counties, (c) townships, and (d) municipal corporations.

    Not Applicable.

    5.  Please provide a comprehensive cost estimate for the proposed rule that includes the procedure and method used for calculating the cost of compliance. This comprehensive cost estimate should identify all of the major cost categories including, but not limited to, (a) personnel costs, (b) new equipment or other capital costs, (c) operating costs, and (d) any indirect central service costs.

    Please see the response to Question 2 above.

    (a)  Personnel Costs

    Please see the response to Question 2 above.

    (b)  New Equipment or Other Capital Costs

    Please see the response to Question 2 above.

    (c)  Operating Costs

    Please see the response to Question 2 above.

    (d)  Any Indirect Central Service Costs

    Please see the response to Question 2 above.

    (e)  Other Costs

    Please see the response to Question 2 above.

    6.  Please provide a written explanation of the agency's and the local government's ability to pay for the new requirements imposed by the proposed rule.

    Please see the response to Question 2 above. The rule revisions will have no impact on the Agency.

    7.  Please provide a statement on the proposed rule's impact on economic development.

    The rule revisions should have an insignificant impact on economic development based on the response to Question 2 above.

    Text Box: ACTION: Revised                                                                                                                                              Text Box: DATE: 07/14/2015 8:33 AM

    Page E-1                                                                                     Rule Number: 3745-1-07

    Environmental Rule Adoption/Amendment Form

    Pursuant to Am. Sub. H.B. 106 of the 121st General Assembly, prior to adopting a rule or an amendment to a rule dealing with environmental protection, or containing a component dealing with environmental protection, a state agency shall:

    (1)    Consult with organizations that represent political subdivisions, environmental interests, business interests, and other persons affected by the proposed rule or amendment.

    (2)   Consider documentation relevant to the need for, the environmental benefits or consequences of, other benefits of, and the technological feasibility of the proposed rule or rule amendment.

    (3)  Specifically identify whether the proposed rule or rule amendment is being adopted or amended to enable the state to obtain or maintain approval to administer and enforce a federal environmental law or to participate in a federal environmental program, whether the proposed rule or rule amendment is more stringent than its federal counterpart, and, if the proposed rule or rule amendment is more stringent, the rationale for not incorporating its federal counterpart.

    (4)   Include with the proposed rule or rule amendment and rule summary and fiscal analysis required to be filed with the Joint Committee on Agency Rule Review information relevant to the previously listed requirements.

    (A)  Were organizations that represent political subdivisions, environmental interests, business interests, and other persons affected by the proposed rule or amendment consulted ? Yes

    Please list each contact.

    Ohio EPA invited interested parties to comment on the rule from March 13, 2015 to April 15, 2015. A list of interested parties is available upon request.

    (B)  Was documentation that is relevant to the need for, the environmental benefits or consequences of, other benefits of, and the technological feasibility of the proposed rule or amendment considered ? Yes

    Please list the information provided and attach a copy of each piece of documentation to this form. (A SUMMARY OR INDEX MAY BE ATTACHED IN LIEU OF THE ACTUAL DOCUMENTATION.)

    ORC 6111.041 Standards of water quality. OAC 3745-1 Water quality standards.

    Page E-2                                                                                     Rule Number: 3745-1-07

    40 C.F.R. 131 Water quality standards.

    40 C.F.R. 132 Water quality guidance for the Great Lakes Systems.

    U.S. EPA's water quality aquatic life research

    National Epidemiological and Environmental Assessment of Recreational Water (NEEAR) studies

    The rule revisions are based on U.S. EPA's Recreational Water Quality Criteria, Office of Water 820-F-12-058, 2012.

    (C)  Is the proposed rule or rule amendment being adopted or amended to enable the state to obtain or maintain approval to administer and enforce a federal environmental law or to participate in a federal environmental program ? Yes

    Is the proposed rule or rule amendment more stringent than its federal counterpart ? No

    Not Applicable

    (D)  If this is a rule amendment that is being adopted under a state statute that establishes standards with which the amendment is to comply, is the proposed rule amendment more stringent than the rule that it is proposing to amend? No

Document Information

File Date:
2015-07-14
Five Year Review:
Yes
CSI:
Yes
Rule File:
3745-1-07_PH_RV_A_RU_20150714_0833.pdf
RSFA File:
3745-1-07_PH_RV_A_RS_20150714_0833.pdf
Related Chapter/Rule NO.: (1)
Ill. Adm. Code 3745-1-07. Water use designations and statewide criteria