Ohio EPA accepting public comments on revisions to Section 401 regulations

The Ohio Environmental Protection Agency (Ohio EPA) is now accepting public comments on draft amendments to update the Ohio Administrative Code (OAC) Chapters pertaining to the Section 401 program, which seek to consolidate the seven existing rules into three.

The agency is suggesting changes to the Section 401 Water Quality Certification rules, which can be found in Chapters 3745-32 and 3745-45, after undertaking a required five-year review. In addition to consolidating the rules, the Ohio EPA seeks to update definitions based on stakeholder feedback and program necessities, and to clarify the administrative processes as required by Army Corps of Engineers regulations.

Those interested in submitting public comments must do so by 5 p.m. on Feb. 9.

The agency is planning several other rules packages to be reviewed later in the year. In these subsequent regulation revisions, the agency will cover topics such as determining existing uses of streams, determining requirements for stream mitigations, and delineating the definitions and requirements for temporary impacts and for restoration and compensatory mitigation. The agency will also release a further rule package on the program requirements for certified water quality professionals.