Draft Rules Section 401 Water Quality Certifications (OAC 3745-32 and 45)

The revision process is stalled indefinitely. Comments are still welcome. The following is from the Ohio EPA website. Please send in your comments to encourage the highest level of wetland protection.


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

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Background

The federal Clean Water Act requires anyone discharging dredged or fill material into Ohio waters to obtain a water quality certification from Ohio EPA pursuant to Section 401 and a permit from the U.S. Army Corps of Engineers pursuant to Section 404. Ohio EPA’s review is to ensure that the projects comply with Ohio’s water quality standards.
The current Section 401 water quality certification rules, as they apply to streams, apply only in situations involving a pending federal permit, usually a Section 404 permit. Section 404 permits are required only for waterways that can be defined as waters of the United States. The definition of waters of the United States under the Clean Water Act no longer includes isolated wetlands and streams. However, these are considered waters of the state under Ohio Law (ORC section 6111.01). The Ohio General Assembly addressed this conflict for isolated wetlands in 2001 by establishing a state isolated wetland permitting program (ORC Chapter 6111.). This rule package addresses this conflict for isolated streams by establishing a state water quality permit.
Other draft revisions in Chapter 3745-32 combine and enhance procedural rules that help address some historical procedural ambiguities within the program. Rule 3745-45-02 is being rescinded because certification fees are now incorporated into state law (ORC section 3745.114).
For additional information about Ohio EPA's Section 401 water quality certification programs, visit the Ohio EPA Section 401 Water Quality Certification Program Web page and Environmental Mitigation and Special Permitting Section Web page.

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Available documents

Letter to interested parties [PDF 121K]
Fact sheet [PDF 23K]
Draft Rules
For an amended rule text to be deleted is struck out and new text is underlined. For a new rule, all text is underlined. For a rescinded rule, text is left unchanged and “To Be Rescinded” is at the top of the first page of the rule.
Download all the draft rules to be rescinded here [PDF 43K] or download individual rules below.
Download all the draft amended and new rules here [PDF 62K] or download individual rules below.