The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
H. B. No. 43As Reported by the House Energy and Environment CommitteeAs Reported by the House Energy and Environment Committee
125th General Assembly | Regular Session | 2003-2004 |
| |
REPRESENTATIVES Core, Willamowski, Collier, Seitz, Hollister, Gibbs, Olman, Hagan, Widener, Calvert, Hartnett, McGregor, Reinhard, Setzer, Schaffer, Gilb, Jolivette, Woodard, Carmichael, Otterman, Allen, Strahorn, Williams, White, Carano, Flowers, Ujvagi, Webster, Perry, Seaver, DeBose, Niehaus, Domenick
A BILL
To enact sections 6111.50 to 6111.56 of the Revised
Code to establish requirements for the use of
credible data in administering the Water Pollution
Control Law.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 6111.50, 6111.51, 6111.52, 6111.53,
6111.54, 6111.55, and 6111.56 of the Revised Code be enacted to
read as follows:
Sec. 6111.50. As used in sections 6111.50 to 6111.56 of the
Revised Code:
(A) "Credible data" means scientifically valid chemical,
physical, or biological water quality monitoring data concerning
surface waters, including qualitative scoring of physical habitat
characteristics and the sampling of fish, macroinvertebrates, and
water quality, that have been collected by or submitted to the
director of environmental protection and that comply with the
requirements established in rules adopted under section 6111.51
of the Revised Code. "Credible data" may include historical
data
if
the director identifies compelling reasons as to why
the data
are
credible.
(B) "Historical data" means data that are more than five
years old.
(C) "Naturally occurring condition" means any condition
affecting water quality that is not caused by human influence on
the environment, including, but not limited to, soils, geology,
hydrology, climate, wildlife, and water flow with specific
consideration given to seasonal and other natural variations.
(D) "Qualified data collector" means an individual who
meets the
requirements established in rules adopted under section
6111.53 of
the Revised Code.
Sec. 6111.51. (A)(1) The director of
environmental protection
shall adopt rules that establish criteria for three
levels of
credible data related to surface water monitoring and
assessment.
The rules pertaining to each level shall establish
requirements
for data assessment, sample collection and analytical
methods, and
quality assurance and quality control procedures that
must be
followed in order to classify data as credible at that
level. The
rules shall provide that level three credible data are
collected
by employing the most stringent methods and procedures, level two
credible data are collected using methods and procedures that are
less stringent than methods and procedures used to collect level
three credible data, but more stringent than methods and
procedures used to collect level one, and level one credible data
are collected by employing the least stringent methods and
procedures. The requirements established in the rules for each level of
credible data shall be commensurate with, and no more stringent
than necessary to support, the purposes for which the data will be
used. In adopting rules under this section, the director shall
consider the cost of data collection methods and procedures to
persons or entities collecting data, and the burden of compliance
with those methods and procedures for those persons or entities,
while ensuring the degree of accuracy commensurate with the
purpose for which the data will be used. No data shall be
classified as credible data unless they have been collected in
compliance with the applicable methods and procedures for
collecting the data established in rules adopted under this
section. (2) The director shall file the rules required to be adopted
under division (A)(1) of this section with the secretary of state,
the director of the legislative service commission, and the joint
committee on agency rule review in accordance with divisions (B)
and (H) of section 119.03 of the Revised Code not later than one
year after the effective date of this section. As soon as
practicable thereafter, the director shall proceed to adopt the
rules in accordance with all other applicable provisions of
Chapter 119. of the Revised Code. (B)(1) Level three credible data shall be used for the
purposes
specified in section 6111.52 of the Revised Code. (2) Levels two and three credible data shall be used for the
purpose of evaluating the effectiveness of pollution controls for
point sources and nonpoint sources and initial screening of water
quality problems to determine if additional study is needed. (3) Levels one, two, and three credible data shall be used
for
public awareness and education activities.
(C) No data shall be considered credible unless the data
originate from studies and samples collected by the environmental
protection agency, its contractors, federal or state environmental
agencies, or qualified data collectors. However, data submitted
pursuant to the requirements of a permit issued by an agency of
the state or submitted as a result of findings and orders issued
by the director or pursuant to a court order shall be considered
credible unless the director
identifies reasons why the data are
not credible.
(D) If the director has obtained credible data for a
surface water, the director also may use historical data for the
purpose of determining whether any water quality trends exist for
that surface water.
(E) Sections 6111.50 to 6111.56 of the Revised Code do not
apply to civil or criminal enforcement actions brought under
section 6111.07 of the Revised Code. (F) The director's use of credible data shall be consistent
with the Federal Water Pollution Control Act.
Sec. 6111.52. The director of environmental protection
shall
use only level three credible data to conduct any of the
following
activities:
(A) Developing, reviewing, and revising use designations in
water quality
standards;
(B) Developing a statewide water quality inventory or other
water assessment report;
(C) Identifying, listing, and delisting waters of the state
for the purpose of section 303(d) of the Federal Water Pollution
Control Act;
(D) Determining whether a water of the state is supporting
its designated use or other classification; (E) Establishing a total maximum daily load for a water of
the state.
Sec. 6111.53. (A) The director of environmental protection
shall establish and maintain a water quality monitoring
program to
collect levels one, two, and three credible data
for surface water
monitoring and assessment. In the same manner provided in
division (A)(2) of section 6111.51 of the Revised Code, the
director shall adopt rules establishing the program. The rules
shall describe the training and experience that are
required for a
person to become a qualified data collector in the
program. The
requirements shall be commensurate with the type and
level of data
collected. The rules shall require the training to
include a
thorough knowledge of applicable sampling protocols and
field
methods so that the data collection and interpretation are
reproducible, scientifically defensible, and free from
preconceived bias. The rules shall authorize individuals with the
necessary academic credentials and experience to train other
persons to be qualified data collectors. The rules also shall require that the data collectors follow
plans containing data collection methods, sampling and analysis
methods, and quality assurance and quality control procedures that
comply with those established in rules adopted under section
6111.51 of the Revised Code. The rules shall require that the
plans contain the certification required under division (D) of
this section. Plans shall not be required under the rules for
credible data that are collected by the environmental protection
agency, its contractors, or federal or state environmental
agencies. Except as otherwise required by a permit issued by an
agency of the state, by findings and orders issued by the
director, or pursuant to a court order, plans shall not be
required under the rules
for data that are submitted pursuant to
the requirements of the
permit. The director may develop generic
plans or generic
components of plans for use by qualified data
collectors.
(B) A qualified data collector may submit credible data to
the director in accordance with a generic plan without submitting
a plan to the director for approval under division (C) of this
section.
(C) In lieu of submitting data pursuant to a generic plan,
a qualified data collector who intends to submit credible
data to
the director may submit a site-specific plan that
complies with
the rules adopted under division (A) of this
section. If a
qualified data collector will be assisted by other
persons who are
not qualified data collectors, the plan shall include procedures
for the supervision of
their work to ensure the accuracy of the
data collection. The plan
shall identify whether the data to be
collected are level one,
two, or three credible data. The
director shall review the
plan to determine if it complies with
the rules adopted under
division (A) of this section and with this
division. After
reviewing the plan, the director shall either
approve or
disapprove it. A plan that is not disapproved within
sixty days
shall be considered to have been approved.
(D) A person who chooses to submit data for consideration as
credible data shall document the person's status as a qualified
data collector, demonstrate compliance with a generic plan or a
site-specific plan, and certify to the best knowledge and belief
of the qualified data collector that the credible data were
collected in accordance with the procedures required by the plan
developed or approved under this section. The director shall not
consider data submitted by a qualified data collector that are not
accompanied by the certification required under this division. No person is required to submit any of the data collected
pursuant to a plan developed or approved under this section unless
submission of the data is otherwise required by law, but a person
submitting some data pursuant to such a plan shall submit all data
collected pursuant to the plan.
(E) The director shall verify that a person submitting
data is a qualified data collector, review all data collected by a
qualified data collector, verify the accuracy of the data, and
determine that all components of the plan for the collection of
the data were followed. If the director determines that the data
are accurate and were collected by a qualified data collector in
accordance with required
procedures, the director shall approve
the data as credible. The
director shall provide the qualified
data collector with written notice
informing the qualified data
collector as to whether the data have been approved,
including the
level at which the data qualify as credible data.
(F) The director shall retain all information submitted by
a qualified data collector for a period of not less than ten years
from
the date of receipt. All information submitted is a public
record.
Sec. 6111.54. Each state agency in possession of surface
water quality data shall submit the data to the
environmental
protection agency in a format designated by the
director of
environmental protection. Each such agency shall submit the data
to the director at the same time that the agency compiles or
summarizes the data for its own use, but at a minimum shall submit
the data to the director annually. If the director determines
that the data are accurate and were collected in accordance with
the rules adopted under section 6111.51 of the Revised Code, the
director shall approve the data as credible.
Sec. 6111.55. Following the adoption of rules under sections
6111.51 and 6111.53 of the Revised Code, the director of
environmental protection shall
establish and maintain a
computerized database or databases composed of all
credible data in the
director's possession and shall make the data
available to other
agencies and all other interested persons. The
data shall be
stored in such a manner that they are easily
retrieved and
analyzed and are available for sharing with other
agencies and all
other interested persons.
Sec. 6111.56. (A) If the source or sources of a pollutant
causing an
impairment of a water of the state are unknown, the
water of the
state may be identified and listed under section
303(d)of the
Federal Water Pollution Control Act. However, the
director of
environmental protection shall
continue to monitor the
water of
the state to determine the source or sources
of the
impairment
before a total maximum daily load is established
for
the water of
the state pursuant to that section. (B) The director shall not include a water of the state on a
list established under section 303(d) of the Federal Water
Pollution Control Act or establish a total maximum daily load for
a water of the state if the failure of the water of the state to
comply with an applicable water quality standard results solely
from the existence of a naturally occurring condition or
conditions.
(C) The director shall establish narrative water
quality
standards where numerical criteria cannot be
established or to
supplement numerical criteria.
|