Workshop J Navigating Ohio EP Na vigating Ohio EPA’s W s Water Quality r Quality Standards and T Standards and Total Maximum Daily Load tal Maximum Daily Load (TMDLs) … Ho (TMDLs) … How t w to Find What Applies, Find What Applies, When, and Where When, and Where Thur Thursda sday, July 25, 20 , July 25, 2019 19 10:30 a.m. t :30 a.m. to Noon Noon
Biographical Information Lisa Novosat-Gradert, Senior Scientist/Project Manager EnviroScience Inc., 5070 Stow Rd., Stow, OH 44224 330-688-0111 x 181 LGradert @ EnviroScienceInc.com Lisa Novosat-Gradert is a senior professional with 30 years of government, law firm, and corporate experience focusing on environmental health and safety (EHS), environmental compliance strategies, remediation and redevelopment, risks and liabilities, Sarbanes-Oxley (SOX) reporting and certification, and business/commercial transactions across multiple industries both domestic and international. She has consistently demonstrated her ability to offer practical solutions as well as develop creative strategies to achieve effective solutions and address complex business issues. Ms. Novosat-Gradert professionally collaborates with management and corporate leaders on strategic and tactical issues to support business objectives. Her strong negotiation and interpersonal skills facilitate effective resolutions. Ms. Novosat-Gradert maintains an extensive professional network with area business leaders and related EHS professionals. Melinda M. Harris, Supervisor of TMDL Program Ohio EPA Division of Surface Water 50 W. Town Street, Suite 700, Columbus, OH 43215 614-728-1357 melinda.harris@epa.ohio.gov Melinda Harris started her career with Ohio EPA, Division of Surface Water in 2001 as part of the Permit to Install and concentrated animal feeding operation (CAFO) unit. In 2007, Melinda became a rule coordinator for the Division where she handled the administrative aspects of the rulemaking process. Melinda was promoted to Supervisor of the Total Maximum Daily Load (TMDL) Program in 2016. Melinda oversees TMDL report development and the biennial Integrated Water Quality Monitoring and Assessment Report (IR). Melinda is a graduate of the University of Cincinnati with a B.S. in Civil and Environmental Engineering and M.S. in Environmental Engineering Management. Chris Skalski, Environmental Specialist III Ohio EPA Division of Surface Water 50 West Town Street, Suite 700, Columbus, OH 43215 614-644-2144 Fax: 614-644-2745 chris.skalski@epa.ohio.gov Chris joined Ohio EPA in 1992 where he has been employed within the Division of Surface water for the past 27 years. During this time, he has been involved with the development, review and update of Ohio’s water quality standards. Throughout his career, Chris has collaborated with numerous other programs within the Division that interface with the water quality standards program including NPDES and 401 permitting, TMDLs and water quality monitoring. Chris is a graduate of the University of Dayton with a B.S. in biology. Chris earned his M.S. in biological sciences from Wright State University in 1991 where he studied aquatic toxicology.
Navigating Ohio’s Water Quality Standards 29 th Annual Environmental Permitting Conference Worthington, Ohio Chris Skalski Division of Surface Water July 25, 2019
Clean Water Act Components • Water Quality Standards (WQS) • Technology‐Based Standards • Point Source Permitting (NPDES) • Water Quality Inventory & TMDL • Compliance &Enforcement • Financial Assistance (revolving loans) • Citizen Suits • Employee Protection • Non‐Point Source Management • Dredge & Fill (401 ‐ 404)
WQS Required Elements A. Beneficial use designations ‐ Water body uses that are protected B. Water quality criteria and values WQS ‐ Numbers and narratives Water Quality Criteria that protect water body uses C. Antidegradation – Restrictions on when water quality may be degraded – Special high quality waters
WQS Apply to Surface Waters of the State • All streams, lakes, reservoirs, ponds, marshes, wetlands or other waterways except: – Private waters that do not combine or effect a junction with natural surface or underground waters – Waters defined as sewerage system, treatment works or disposal system in ORC 6111.01
How do I find applicable WQS for my water body of interest? • WQS are in OAC 3745‐1 (48 rules) • Use designations – 3745‐1‐07 to ‐32 – Alphabetical listing available • Water quality criteria – 3745‐1‐07, ‐31, ‐32, ‐33, ‐34, ‐35, ‐37 – Criteria summary tables available • Antidegradation category – 3745‐1‐05
Organization of the WQS
Loss Creek, Crawford County A. DETERMINING APPLICABLE USE DESIGNATIONS
Use Designations Defined in 3745‐1‐07; assigned in 3745‐1‐08 to ‐32 • Aquatic Life • Water Supply – Exceptional warmwater – Public – Coldwater – Agricultural – Seasonal salmonid – Industrial – Warmwater • Recreation – Modified warmwater – Bathing waters – Limited resource water – Primary contact – Secondary contact
Aquatic Life Uses • Exceptional warmwater habitat – Exceptional or unusual biological communities • Coldwater habitat – Trout stocking and management, or – Supports coldwater adapted organisms on annual basis
Aquatic Life Uses Cont. • Seasonal salmonid habitat – Large enough to support recreational fishing – Support passage of salmonids from October to May – Different use (EWH or WWH) applies rest of year – Specific Lake Erie tributaries (24 streams)
Aquatic Life Uses Cont. • Warmwater Habitat – Balanced warmwater biological communities – Most common aquatic life use • Modified Warmwater Habitat – Incapable of WWH due to irretrievable modification of habitat
Aquatic Life Uses Cont. • Limited Resource Water – No potential for any other aquatic life use – Natural background or irretrievable human‐induced conditions
Water Supply Uses • Public Water Supply – With conventional treatment, suitable for drinking • Agricultural Water Supply – Suitable for irrigation and livestock watering without treatment • Industrial Water Supply – Suitable for commercial and industrial uses, with or without treatment
Recreation Uses • Bathing Waters – During recreation season, suitable for swimming with lifeguard and/or bathhouse • Primary Contact Recreation – During recreation season, suitable for full‐body contact recreation • Secondary Contact Recreation – During recreation season, suitable for partial body contact recreation
https://epa.ohio.gov/portals/35/rules/water_body_index.pdf
Looking for Adena Brook (Big Run), tributary to Olentangy River Index points to OAC 3745‐1‐09, page 33
Default Use Designations (Water bodies not specifically listed in rule) • Lakes and reservoirs (except upground storage reservoirs) – EWH, PCR • Upground storage reservoirs – WWH • Surface waters within 500 yards of surface water intake; publicly owned lakes and reservoirs; privately owned lakes and reservoirs used for drinking; surface waters used as emergency water supplies – PWS • Surface waters used for swimming where lifeguard and/or bathhouse facilities present – BW • All other surface waters not listed – WWH chemical criteria, PCR
Tributary to Kokosing River B. DETERMINING APPLICABLE WATER QUALITY CRITERIA
Water Quality Criteria 1. Narrative – Free froms 2. Numerical – Aquatic life (chemical and biological) – Wildlife – Aesthetics – Human health – Agricultural – Recreational
Big Walnut Creek B.1 NARRATIVE WATER QUALITY CRITERIA
Free Froms (3745‐1‐04) • Apply to all surface waters, even mixing zones • Narrative statements prohibiting nuisance and harmful conditions from: – Suspended Solids – Oil & Other Floating Materials – Toxics from Human Activity – Nutrients – Raw/Poorly Treated Sewage
Mohican River B.2 NUMERICAL WATER QUALITY CRITERIA
Aquatic Life Criteria • Chemical – Inside and outside mixing zone maximum • Protect short‐term exposures (acute) – Outside mixing zone average • Protect long‐term exposure (chronic) • Biological – Outside mixing zone IBI, MIwb, ICI • Measure biological community health • Only for EWH, WWH & MWH
Aesthetic Criteria • Inside and outside mixing zone maximums – Protect against nuisance conditions • Algae, Foam, Oil & grease • Drinking outside mixing zone average – Protects against bad taste and odor – Fish tainting • Phosphorus, Phenolic chemicals
Agricultural Criteria • Outside mixing zone average – Protects livestock watering and crop irrigation • Metals, Fluoride, Nitrates & nitrites
Recreation Criteria • Inside and outside mixing zone statistical threshold value (STV) and the 90‐day geometric mean – Protect people from exposure to pathogens • Criteria – E. coli • Criteria generally apply only during the recreation season (May through October)
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