Use Designation Rules OAC Chapter Early Stakeholder Outreach Division of Surface Water November 6, 2014

Overview Summary of rule process What are use designations? Which rules are being reviewed at this time? Why are these rules being reviewed? What changes are being considered? How do I provide input? Use Designation Rules, 11/6/14, Slide 2

Ohio EPA’s Rule Process Early Stakeholder Outreach Rule Development Interested Party Review Draft Rules Common Sense Initiative Office (Lt Governor) Joint Committee on Agency Rule Review Proposed Rules Finalize Rule (Rule Adoption) Review/Approval by US EPA Obtain stakeholder input early in rulemaking process before developing draft rule language Use Designation Rules, 11/6/14, Slide 3

What are Use Designations? Water quality goals for lakes, rivers, streams, wetlands Defined in OAC and -53 Assigned to waters in OAC through -32 (Each of Ohio’s 23 major drainage basins assigned a rule) and -53 (wetlands) Narrative & numeric criteria protective of the uses in OAC , , & Use Designation Rules, 11/6/14, Slide 4

Three Main Designated Use Categories Aquatic Life – Exceptional warmwater – Coldwater – Seasonal salmonid – Warmwater – Modified warmwater – Limited resource water – Wetland Water Supply – Public – Agricultural – Industrial Recreation – Bathing waters – Primary contact – Secondary contact Use Designation Rules, 11/6/14, Slide 5

Example View of Use Designation Rule Use Designation Rules, 11/6/14, Slide 6

Which Rules are Under Review? Hocking River Basin (OAC ) Ashtabula River Basin (OAC ) Little Beaver Creek Basin (OAC ) Southeast Ohio River Tributaries Basin (OAC ) Little Miami River Basin (OAC ) Rocky River Basin (OAC ) Chagrin River Basin (OAC ) Cuyahoga River Basin (OAC ) Black River Basin (OAC ) Vermillion River Basin (OAC ) Use Designation Rules, 11/6/14, Slide 7

Why are the Rules Under Review? Pursuant to section of the Ohio Revised Code, agencies are required to review their rules every five years to determine if the rules need to be revised/updated. Under Clean Water Act, Ohio EPA is also obligated to update rules when new scientific information is available. Use Designation Rules, 11/6/14, Slide 8

What Would Changes Be Based Upon? Division conducts water body surveys using a 5- year rotating basin monitoring schedule – Survey of water quality, physical habitat & biological communities present in water bodies (use attainability analysis) – Determine present health and uses of the waters Determine uses of undesignated streams Verify existing designated uses Recommend revisions of designated uses if necessary – Reports of basin surveys available at: Use Designation Rules, 11/6/14, Slide 9

Biological Assessment Use Designation Rules, 11/6/14, Slide 10

What Changes Are Under Consideration? No Change Rules* – no new data – Hocking River OAC – Rocky River OAC – Chagrin River OAC – Cuyahoga River OAC – Vermilion River OAC * Pursuant to ORC Use Designation Rules, 11/6/14, Slide 11

What Changes Are Under Consideration? Ashtabula River OAC – 1 revision, 6 new Little Beaver Creek OAC – 1 removal, 2 new Southeast Ohio River Tributaries OAC – 1 revision, 8 new Little Miami River OAC – 3 revisions, 10 new Black River OAC – 11 new Use Designation Rules, 11/6/14, Slide 12

What Changes Are Being Considered? Ashtabula River Southeast Ohio River Tribs Little Miami River Black River Little Beaver Creek Use Designation Rules, 11/6/14, Slide 13

How do I provide input? Written comments accepted through close of business November 24, 2014 Submit in following ways: – – (fax) – Rule Coordinator, Ohio EPA, Division of Surface Water, P.O. Box 1049, Columbus, OH Fact sheet & support documents available at: 12-early-stakeholder-outreach 12-early-stakeholder-outreach Use Designation Rules, 11/6/14, Slide 14

For Additional Information Dan Dudley Use Designation Rules, 11/6/14, Slide 15

Ashtabula River Drainage Basin OAC Water Body SegmentExisting Designated Uses Changes Under Consideration Hubbard RunWWH, AWS, IWS, PCRDesignate CWH in lieu of WWH Unnamed tributary at Hubbard Run RM 0.20 NoneDesignate CWH, AWS, IWS, PCR Unnamed tributary at Ashtabula River RM NoneDesignate WWH, AWS, IWS, PCR Unnamed tributary at West Branch RM 3.50 NoneDesignate WWH, AWS, IWS, PCR East Branch of East Branch Ashtabula River NoneDesignate WWH, AWS, IWS, PCR Unnamed tributary at East Branch RM 1.35 NoneDesignate WWH, AWS, IWS, PCR Unnamed tributary at RM 0.80 to the unnamed tributary of East Branch at RM 1.35 NoneDesignate WWH, AWS, IWS, PCR Map Use Designation Rules, 11/6/14

Little Beaver Creek Drainage Basin OAC Water Body SegmentExisting Designated UsesChanges Under Consideration Island RunWWH, AWS, IWS, PCRRemove – Stream is in Pennsylvania Honey CreekNone (previously listed)Designate WWH, AWS, IWS, PCR Harman RunNone (previously listed)Designate WWH, AWS, IWS, PCR Map Use Designation Rules, 11/6/14

Southeast Ohio River Tributaries Drainage Basin OAC Water Body SegmentExisting Designated UsesChanges Under Consideration Ellisonville CreekNoneDesignate WWH, AWS, IWS, PCR Kimble CreekNoneDesignate WWH, AWS, IWS, PCR Sawmill RunNoneDesignate WWH, AWS, IWS, PCR Chandlers RunNoneDesignate WWH, AWS, IWS, PCR Osburn RunLWH, AWS, IWS, PCRDesignate LRW-AMD in lieu of LWH Little Storms Creek (upper trib at RM 9.23) NoneDesignate WWH, AWS, IWS, PCR Unnamed tributary at Kyger Creek RM 8.44 NoneDesignate MWH-MA, AWS, IWS, PCR Map Use Designation Rules, 11/6/14

Little Miami River Drainage Basin OAC Water Body SegmentExisting Designated Uses Changes Under Consideration Unnamed tributary at East Fork RM 2.40 NoneDesignated WWH, AWS, IWS, PCR Unnamed tributary at Stonelick Creek RM NoneDesignated WWH, AWS, IWS, PCR Unnamed tributary at Backbone Creek RM 1.36 NoneDesignated WWH, AWS, IWS, PCR Unnamed tributary at Cloverlick Creek RM 7.48 NoneDesignated WWH, AWS, IWS, PCR Dodson CreekEWH, AWS, IWS, PCRDesignate WWH in lieu of EWH Unnamed tributary at Dodson Creek RM 4.52 NoneDesignate WWH, AWS, IWS, PCR Unnamed tributary at South Fork Dodson Creek RM 0.37 NoneDesignate WWH, AWS, IWS, PCR Use Designation Rules, 11/6/14

Little Miami River Drainage Basin OAC Cont. Water Body SegmentExisting Designated UsesChanges Under Consideration Unnamed tributary at East Fork RM NoneDesignate WWH, AWS, IWS, PCR Unnamed tributary at Anderson Fork RM 9.26 NoneDesignate WWH, AWS, IWS, PCR Glady Run – headwaters to Hedges Road (RM 4.0) WWH, AWS, IWS, SCRDesignate PCR in lieu of SCR Unnamed tributary at Little Miami River RM NoneDesignate WWH, AWS, IWS, PCR Unnamed tributary at North Fork RM 5.60 NoneDesignate WWH, AWS, IWS, PCR Gilroy DitchWWH, AWS, IWS, SCRDesignate PCR in lieu of SCR Map Use Designation Rules, 11/6/14

Black River Drainage Basin OAC Water Body SegmentExisting Designated Uses Changes Under Consideration Ridgeway ditch (Black River RM 10.18)NoneDesignate WWH, AWS, IWS, PCR Alexander ditch aka Brentwood tributary (East Branch Black River RM 5.89) NoneDesignate WWH, AWS, IWS PCR Unnamed tributary at East Branch Black River RM NoneDesignate WWH, AWS, IWS, PCR Crow CreekWWH, AWS, IWS, SCRDesignate PCR in lieu of SCR Center Creek (East Branch Black River RM 28.65) NoneDesignate WWH, AWS, IWS, PCR Unnamed tributary at East Branch Black River RM NoneDesignate CWH, AWS, IWS, PCR Unnamed tributary at East Branch Black River RM NoneDesignate CWH, AWS, IWS, PCR Use Designation Rules, 11/6/14

Black River Drainage Basin OAC Cont. Water Body SegmentExisting Designated UsesChanges Under Consideration West Branch Black River – Parsons Road (RM 7.85) to U.S. Route 20 (RM 14.39) SRW, WWH, AWS, IWS, PCR Remove SRW; replace with GHQW West Branch Black River – at RM 14.42SRW, WWH, AWS, IWS, PCR, PWS Remove SRW; replace with GHQW Kelner Ditch (West Branch Black River at RM 8.61) NoneDesignate WWH, AWS, IWS, PCR Wellington Creek – Findley State Forest boundaries (RM – 16.60) SRW, WWH, AWS, IWS, PCR Remove SRW; replace with GHQW Unnamed tributary at Charlemont Creek RM 0.51 NoneDesignate WWH, AWS, IWS, PCR Powdermaker DitchNoneDesignate WWH, AWS, IWS, PCR Heider DitchNoneDesignate WWH, AWS, IWS, PCR Gable DitchNoneDesignate WWH, AWS, IWS, PCR Map Use Designation Rules, 11/6/14