Ohio EPA Updates, March 18, 2021

Final Rules regarding Credible Data Program Wave 2 – OAC Chapter 3745-4:  Effective March 1, 2021, Ohio EPA Division of Surface Water (DSW) adopted final revisions to the following rules:

Rule Number

Rule Title







Qualified data collectors.

Level 1 data requirements and reporting.

Level 2 data requirements and reporting.

Level 3 data requirements and reporting.

The major updates in this rulemaking are revisions to improve the quality of data and the administrative aspects of the program, including the extension of timeframes for data submission and updates to definitions, method references (particularly the Field Methods for Evaluating Primary Headwater Streams), and requirements for qualified data collectors.  Additional information is available here

For questions regarding the Credible Data Program, and the water quality rules in general, contact Cheri Budzynski at 419.321.1332 or via email at cbudzynski@shumaker.com.   

 Final 401 WQC for the 2021 Reissuance of the Nationwide Permits:  On March 4, 2021, Ohio EPA finalized the 401 Water Quality Certification and Response to Comments for the 2021 Nationwide Permits published by the U.S. Army Corps of Engineers in the Federal Register (Volume 86, No. 8) on January 13, 2021. The 2021 Nationwide Permits are effective from March 15, 2021 through March 15, 2026. The final version, issued by the Army Corps, only included Nationwide Permits for 16 activities. The other 40 Nationwide Permits will remain under the 2017 conditions until their expiration on March 18, 2022.

For more information, visit Ohio EPA Division of Surface Water’s 401 website

For questions regarding the water quality rules and permitting, contact Cheri Budzynski at 419.321.1332 or via email at cbudzynski@shumaker.com.   

Public Hearing Notice – OAC Chapter 3745-73, Total Reduced Sulfur Rules: The Ohio EPA, Division of Air Pollution Control (DAPC), has reviewed the rules contained in OAC Chapter 3745-73. Under the authority of Section 3704.03(E) of the Ohio Revised Code and in accordance with Chapter 119, the Ohio EPA Director proposes to original file the rules in OAC Chapter 3745-73 with the Joint Committee on Agency Rule Review (JCARR).  The rules in this chapter set limits, testing and recordkeeping requirements for emissions of reduced sulfur from Kraft Pulp mills in the state of Ohio. Ohio EPA will be holding a virtual public hearing on the proposed new rules on Thursday, April 22, 2021 at 10:30 AM. The virtual hearing may be accessed through Ohio EPA’s website at: http://epa.ohio.gov/virtual. The Public Notice is available here, and a Synopsis of Changes is available here.

For questions regarding emission standards or the Total Reduced Sulfur Rules, contact Michael E. Born at 614-628.4415 or via email at mborn@shumaker.com or Michael A. Snyder at 614.628.4469 or via email at msnyder@shumaker.com

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