Last Updated: Tuesday, 23-Dec-2008 12:27:18 EST

Draft Rules

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Antidegradation (OAC 3745-1-05)

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

Background

Simply put, the antidegradation rule establishes a procedure to determine that a discharge is necessary before authorizing it. The antidegradation rule is required by the Clean Water Act and must be part of the State’s Water Quality Standards. It is a concept that aligns with the underlying goal of the Clean Water Act that all point source discharges of pollutants to surface waters should eventually be eliminated and that we keep clean waters clean.

In practical terms, antidegradation refers to provisions that must be followed before authorizing any increased activity on a water body that may result in a lowering of water quality, including an increase in the discharge of a regulated pollutant, or activities that may significantly alter the physical habitat.
The antidegradation rule, along with water quality criteria and beneficial use designations, provides the overall structure of the water quality standards program. The antidegradation rule must protect the existing use of the water body, and only allow a lowering of water quality when it is necessary to support important social and economic development.

The state’s antidegradation rule establishes procedures and requirements to ensure that the concepts outlined by the federal antidegradation regulations are met. These requirements include public participation activities, intergovernmental coordination, determination of important social and economic development, an alternatives analysis and greater protection for exceptional quality streams.

Available documents

Letter to interested parties (PDF 136K)

Fact sheet (PDF 31K)

Draft Rule 3745-1-05 Antidegradation (PDF 200K)
Text to be deleted is struck out and new text is underlined.

Methods and Documentation Used to Identify Outstanding State Water (OSW) and Superior High Quality Water (SHQW) Candidates for Ohio’s Water Quality Standards (WQS) (PDF 330K)

Ohio Streams and Rivers Antidegradation Category Justification: OSW & SHQW (PDF 151K)

Maps

• Statewide map showing candidate streams for Superior High Quality Water and Outstanding State Water (PDF 278K)
• Regional maps showing candidate streams for Superior High Quality Water
  • Northeast Ohio (PDF 59K)
  • Southeast Ohio (PDF 99K)
  • Central Ohio (PDF 74K)
  • Southwest Ohio (PDF 114K)

See the currently effective antidegradation rule here.

For additional information or to submit comments

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

If you would like further information about this rulemaking, please contact Mark Stump at mark.stump@epa.state.oh.us or by calling (614) 644-2028.

Back to Draft and Proposed Rules page.