Ohio EPA, Division of Surface Water
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Columbus, OH s43215
614-644-2001

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Last Updated: Wednesday, 15-Oct-2008 09:28:20 EDT

Draft Rules

Note: the documents on this page are in the Adobe Acrobat™, PDF format.  Download a free Adobe Acrobat™ reader for your operating system from Adobe.  If you have problems downloading large PDF files click here.

Section 401 Water Quality Certifications (OAC 3745-32 and 45)

The draft rules are available below. Notice has been sent out for interested party review.  After considering comments and making changes, if necessary, to the rules, a public hearing and another public comment period will be scheduled.

Comment Deadline is Extended

A draft rule addressing mitigation requirements for impacts on streams will be made available for review and comment in early 2009. Because the content of that rule relates to parts of the draft Section 401 Water Quality Certification rules, and to the draft Water Quality Standards rules and draft Antidegradation rule, the comment deadline for all four rule packages will be 60 days after the stream mitigation rule is made available. An announcement of the comment deadline will be made when the draft stream mitigation rule is made available.

Click here to download fact sheets (PDF 116K) that summarize the overall scope and likely effects of all four rule packages. A fact sheet, specific to the draft Section 401 Water Quality Certification rules, is below.

Background

The federal Clean Water Act requires anyone discharging dredged or fill material into Ohio waters to obtain a water quality certification from Ohio EPA pursuant to Section 401 and a permit from the U.S. Army Corps of Engineers pursuant to Section 404. Ohio EPA’s review is to ensure that the projects comply with Ohio’s water quality standards.

The current Section 401 water quality certification rules, as they apply to streams, apply only in situations involving a pending federal permit, usually a Section 404 permit. Section 404 permits are required only for waterways that can be defined as waters of the United States. The definition of waters of the United States under the Clean Water Act no longer includes isolated wetlands and streams. However, these are considered waters of the state under Ohio Law (ORC section 6111.01). The Ohio General Assembly addressed this conflict for isolated wetlands in 2001 by establishing a state isolated wetland permitting program (ORC Chapter 6111.). This rule package addresses this conflict for isolated streams by establishing a state water quality permit.

Other draft revisions in Chapter 3745-32 combine and enhance procedural rules that help address some historical procedural ambiguities within the program. Rule 3745-45-02 is being rescinded because certification fees are now incorporated into state law (ORC section 3745.114).

For additional information about Ohio EPA's Section 401 water quality certification program, visit the Ohio EPA Section 401 Water Quality Certification Program Web page.

Available documents

Letter to interested parties (PDF 121K)

Fact sheet (PDF 23K)

Draft Rules
For an amended rule text to be deleted is struck out and new text is underlined. For a new rule, all text is underlined. For a rescinded rule, text is left unchanged and “To Be Rescinded” is at the top of the first page of the rule.

Download all the draft rules to be rescinded here (PDF 43K) or download individual rules below.
Download all the draft amended and new rules here (PDF 62K) or download individual rules below.

Rule # Rule Title Action
OAC 3745-32  Section 401 Water Quality Certifications
3745-32-01 Definitions (PDF 19K) Amend
3745-32-02 Section 401 water quality certification required (PDF 9K) Rescind
3745-32-02 Applicability (PDF 11K) New
3745-32-03 Section 401 water quality certification exemptions (PDF 9K) Rescind
3745-32-03 Individual state water quality permit application requirements and procedures (PDF 34K) New
3745-32-04 Section 401 water quality certification applications (PDF 10K) Rescind
3745-32-05 Criteria for decision by director (PDF 9K) Rescind
3745-32-06 Revocation of section 401 water quality certification (PDF 9K) Rescind
3745-32-07 Procedure for decision by director (PDF 9K) Rescind
OAC Chapter 3745-45  Section 401 Water Quality Certification Fees
3745-45-02 Certification fees (PDF 10K) Rescind

See all currently effective rules in Chapters 3745-32 and 3745-45 here.

For additional information or to submit comments

Please submit any comments you have on the draft rules in one of the following manners.

   By e-mail:  bob.heitzman@epa.state.oh.us  
   By mail:     Bob Heitzman
                    Ohio EPA
                    Division of Surface Water
                    P.O. Box 1049
                    Columbus, Ohio 43216-1049		  
   By fax:       (614) 644-2745  

If you would like further information about this rulemaking, please contact Ric Queen at ric.queen@epa.state.oh.us or by calling (614) 644-2872.

Back to Draft and Proposed Rules page.