Ohio § 6111.562

§ 6111.562.

(A)(1) The director of environmental protection shall provide notice of and opportunity

for input from potentially affected dischargers, county soil and water conservation

districts, and other stakeholders during the development of a TMDL after March 24,

2015, at each of the following stages of development of a TMDL and plans and actions

necessary for TMDL implementation: (a) The project assessment study plan, including portions of the plan that seek to determine

the causes and sources of impairments or threats; (b) The biological and water quality study report or its equivalent; (c) The loading analysis plan, including, but not limited to, the proposed modeling approach

and the water quality restoration targets, goals, or criteria; (d) The preliminary modeling results including any management choices, load allocations,

wasteload allocations, allowances for margin of safety and future growth, and permit

limits necessary to achieve a water quality target, goal, or criterion and the preliminary

TMDL implementation plan establishing specific actions, schedules, and monitoring

proposed to effectuate a TMDL. The director shall allow not less than thirty days for input at each stage described

in divisions (A)(1)(a) to (d) of this section. (2) The director shall make available to stakeholders documentation, including, but not

limited to, data and modeling that was relied on during each stage of development

of a TMDL and plans and actions necessary for TMDL implementation, as described in

divisions (A)(1)(a) to (d) of this section.  The director also shall make the documentation available on the environmental protection

agency's web site, to the extent the director determines it is practical. (3) The director shall provide at least two opportunities for stakeholder input on a

TMDL and the plans and actions necessary for TMDL implementation if the stages described

in divisions (A)(1)(a) to (d) of this section have been completed but the TMDL has

not been submitted to the United States environmental protection agency for approval

prior to the effective date of this section. As used in this section, “ input ” means opportunity for comment and, if warranted by the level of interest or nature

of the comments, input includes meetings with stakeholders. (B) In developing wasteload and load allocations in connection with a TMDL, and in evaluating

plans and actions necessary for TMDL implementation, the director of environmental

protection shall consider and evaluate, at a minimum, all of the following factors: (1) The relative contribution of pollutant loading between point sources and nonpoint

sources; (2) The flow dynamics, including but not limited to, periodic or seasonal flow variations,

runoff, groundwater, and hydrologic or channel modifications; (3) The degree to which point source reductions would influence attainment of applicable

water quality standards for which the water of the state is impaired; (4) The degree to which nonpoint source reductions would influence attainment of the

applicable water quality standards for which the water of the state is impaired; (5) Reasonable assurances that reductions can be implemented; (6) The site of the impairment relative to the location of the source; (7) The degree to which habitat affects impairment and restoration potential. (C) Unless inconsistent with the Federal Water Pollution Control Act or this chapter,

and in addition to the factors described in division (A) of this section, when developing

wasteload and load allocations, pollution control measures to achieve pollutant load

reductions, and implementation plans and schedules, the director shall consider and

evaluate, at a minimum, all of the following: (1) The feasibility of available demonstrated treatment technology to achieve the degree

of pollutant treatment removal necessary to attain the point source reduction recommended

in the TMDL wasteload allocation; (2) Sources of funding available for point and nonpoint sources; (3) Alternative approaches and actions for point and nonpoint sources to achieve TMDL-recommended

pollutant reductions, agreements between and among point and nonpoint sources to jointly

achieve pollutant load reductions, and adaptive management; (4) The implementation of the recommended wasteload reductions over multiple NPDES permit

renewals to achieve compliance with water quality standards, as appropriate, to mitigate

potential economic impacts of the TMDL's recommended load reductions on such sources; (5) The estimated economic impact, on a categorical basis, on governmental subdivisions,

point sources, agricultural operations, and nonpoint sources; (6) Information submitted by indirect dischargers or other stakeholders relating but

not limited to cost, economic impact, environmental benefit, and technical feasibility.