Ohio Admin. Code 3745-5-09 - Determining water quality baselines
(A) For permittees in an area where there is
an approved TMDL, the water quality baseline shall be the lower of
the following:
(1) The wasteload allocation established by
the approved TMDL; or
.
(2) The
current discharge level.
(B) For permittees in an area where there is
not an approved TMDL or where water quality fully supports designated uses
assigned in Chapter 3745-1 of the Administrative Code, the water quality
baseline shall be the lower of the following:
(1) The existing NPDES permit limit;
.
(2) A technology-based performance
standard; or
.
(3) The
current discharge level.
(C) For nonpoint sources, the water quality
baseline shall be the pollutant load associated with existing land uses and
management practices. Existing management practices must
shall comply with
any applicable federal, state or local requirements and shall
be established as follows:
(1)
Be established
by
By using the
following:
an accurate, representative, and
reliable process and operational information, available flow and monitoring
data, pollutant loading data, and records that are available, and that are
deemed acceptable by the director; and
(a)
Accurate,
representative, and reliable process and operational
information.
(b)
Available flow and monitoring data.
(c)
Pollutant loading
data.
(d)
Available records that are deemed acceptable by the
director.
(2)
Unless otherwise specified in this chapter, be
established
by using information and data
representative of the three year period before the date that a change is made
to generate a pollutant load reduction. A different time period, such as the
previous full crop rotation history, that is representative of historical
operations and provides accurate and reliable data on existing pollutant loads
may be used if certified by a qualified soil and water conservation
professional or deemed acceptable by the director.
(D) For storm water sources regulated under
an NPDES permit, the water quality baseline shall be either of the following:
(1) The numeric effluent limit, if one is
established in the NPDES permit; or
.
(2) The
pollutant-specific loading achieved after implementation of management
practices specified in or approved under the NPDES permit.
(E) The director may consider data and
information submitted as part of a water quality trading management plan
application that supports the use of alternate methods of setting baselines,
provided that the data is established as follows:
(1)
The data is
established
By using information
representative of a three year period;
and
.
(2)
The
data is established
By using
the following:
accurate, representative, and reliable process and
operational information, available flow and monitoring data, pollutant loading
data, and records that are available and that are deemed acceptable by the
director.
(a)
Accurate, representative, and reliable process and
operational information.
(b)
Available flow and monitoring data.
(c)
Pollutant loading
data.
(d)
Available records that are deemed acceptable by the
director.
Notes
Promulgated Under: 119.03
Statutory Authority: 6111.03, 6111.04
Rule Amplifies: 6111.03, 6111.04
Prior Effective Dates: 01/01/2007, 11/01/2012
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