REPRESENTATIVES Core, Willamowski, Carey, Seitz, McGregor, Britton, Setzer, Rhine, Hollister, Aslanides, Webster, Seaver, Fedor, Hagan, Redfern, Carmichael, DeBose, Woodard, White, Lendrum, Reinhard, Coates, Raga, Ogg, Distel, Sferra, Womer Benjamin, Calvert, Flowers, Cirelli, Hartnett, Roman, Damschroder, Metzger, Wolpert, Carano, Otterman, Sullivan, Faber, Niehaus, Gilb, Perry, Collier, Cates, Key

To enact sections 6111.50 to 6111.56 of the Revised

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Code to establish requirements for the use of

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credible data in administering the Water Pollution

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Control Law.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 6111.50, 6111.51, 6111.52, 6111.53,	5
6111.54, 6111.55, and 6111.56 of the Revised Code be enacted to	6
read as follows:	7

Sec. 6111.50. As used in sections 6111.50 to 6111.56 of the	8
Revised Code:	9

(A) "Credible data" means scientifically valid chemical,	10
physical, or biological water quality monitoring data concerning	11
surface waters, including qualitative scoring of physical habitat	12
characteristics and the sampling of fish, macroinvertebrates, and	13
water quality, that have been collected by or submitted to the	14
director of environmental protection and that comply with the	15
requirements established in rules adopted under section 6111.51	16
of the Revised Code. "Credible data" may include historical data	17
if the director identifies compelling reasons as to why the data	18
are credible.	19

(B) "Historical data" means data that are more than five	20
years old.	21

(C) "Naturally occurring condition" means any condition	22
affecting water quality that is not caused by human influence on	23
the environment, including, but not limited to, soils, geology,	24
hydrology, climate, wildlife, and water flow with specific	25
consideration given to seasonal and other natural variations.	26

(D) "Qualified data collector" means an individual who	27
meets the requirements established in rules adopted under section	28
6111.53 of the Revised Code.	29

Sec. 6111.51. (A)(1) The director of environmental protection	30
shall adopt rules that establish criteria for three levels of	31
credible data related to surface water monitoring and assessment.	32
The rules pertaining to each level shall establish requirements	33
for data assessment, sample collection and analytical methods, and	34
quality assurance and quality control procedures that must be	35
followed in order to classify data as credible at that level. The	36
rules shall provide that level three credible data are collected	37
by employing the most stringent methods and procedures, level two	38
credible data are collected using methods and procedures that are	39
less stringent than methods and procedures used to collect level	40
three credible data, but more stringent than methods and	41
procedures used to collect level one, and level one credible data	42
are collected by employing the least stringent methods and	43
procedures.	44

The requirements established in the rules for each level of	45
credible data shall be commensurate with, and no more stringent	46
than necessary to support, the purposes for which the data will be	47
used. In adopting rules under this section, the director shall	48
consider the cost of data collection methods and procedures to	49
persons or entities collecting data, and the burden of compliance	50
with those methods and procedures for those persons or entities,	51
while ensuring the degree of accuracy commensurate with the	52
purpose for which the data will be used. No data shall be	53
classified as credible data unless they have been collected in	54
compliance with the applicable methods and procedures for	55
collecting the data established in rules adopted under this	56
section.	57

(2) The director shall file the rules required to be adopted	58
under division (A)(1) of this section with the secretary of state,	59
the director of the legislative service commission, and the joint	60
committee on agency rule review in accordance with divisions (B)	61
and (H) of section 119.03 of the Revised Code not later than one	62
year after the effective date of this section. As soon as	63
practicable thereafter, the director shall proceed to adopt the	64
rules in accordance with all other applicable provisions of	65
Chapter 119. of the Revised Code.	66

(B)(1) Level three credible data shall be used for the	67
purposes specified in section 6111.52 of the Revised Code.	68

(2) Levels two and three credible data shall be used for the	69
purpose of evaluating the effectiveness of pollution controls for	70
point sources and nonpoint sources and initial screening of water	71
quality problems to determine if additional study is needed.	72

(3) Levels one, two, and three credible data shall be used	73
for public awareness and education activities.	74

(C) No data shall be considered credible unless the data	75
originate from studies and samples collected by the environmental	76
protection agency, its contractors, federal or state environmental	77
agencies, or qualified data collectors. However, data submitted	78
pursuant to the requirements of a permit issued by an agency of	79
the state or submitted as a result of findings and orders issued	80
by the director or pursuant to a court order shall be considered	81
credible unless the director identifies reasons why the data are	82
not credible.	83

(D) If the director has obtained credible data for a	84
surface water, the director also may use historical data for the	85
purpose of determining whether any water quality trends exist for	86
that surface water.	87

(E) Sections 6111.50 to 6111.56 of the Revised Code do not	88
apply to civil or criminal enforcement actions brought under	89
section 6111.07 of the Revised Code.	90

(F) The director's use of credible data shall be consistent	91
with the Federal Water Pollution Control Act.	92

Sec. 6111.52. The director of environmental protection shall	93
use only level three credible data to conduct any of the following	94
activities:	95

(A) Developing, reviewing, and revising use designations in	96
water quality standards;	97

(B) Developing a statewide water quality inventory or other	98
water assessment report;	99

(C) Identifying, listing, and delisting waters of the state	100
for the purpose of section 303(d) of the Federal Water Pollution	101
Control Act;	102

(D) Determining whether a water of the state is supporting	103
its designated use or other classification;	104

(E) Establishing a total maximum daily load for a water of	105
the state.	106

Sec. 6111.53. (A) The director of environmental protection	107
shall establish and maintain a water quality monitoring program to	108
collect levels one, two, and three credible data for surface water	109
monitoring and assessment. In the same manner provided in	110
division (A)(2) of section 6111.51 of the Revised Code, the	111
director shall adopt rules establishing the program. The rules	112
shall describe the training and experience that are required for a	113
person to become a qualified data collector in the program. The	114
requirements shall be commensurate with the type and level of data	115
collected. The rules shall require the training to include a	116
thorough knowledge of applicable sampling protocols and field	117
methods so that the data collection and interpretation are	118
reproducible, scientifically defensible, and free from	119
preconceived bias. The rules shall authorize individuals with the	120
necessary academic credentials and experience to train other	121
persons to be qualified data collectors.	122

The rules also shall require that the data collectors follow	123
plans containing data collection methods, sampling and analysis	124
methods, and quality assurance and quality control procedures that	125
comply with those established in rules adopted under section	126
6111.51 of the Revised Code. The rules shall require that the	127
plans contain the certification required under division (D) of	128
this section. Plans shall not be required under the rules for	129
credible data that are collected by the environmental protection	130
agency, its contractors, or federal or state environmental	131
agencies. Except as otherwise required by a permit issued by an	132
agency of the state, by findings and orders issued by the	133
director, or pursuant to a court order, plans shall not be	134
required under the rules for data that are submitted pursuant to	135
the requirements of the permit. The director may develop generic	136
plans or generic components of plans for use by qualified data	137
collectors.	138

(B) A qualified data collector may submit credible data to	139
the director in accordance with a generic plan without submitting	140
a plan to the director for approval under division (C) of this	141
section.	142

(C) In lieu of submitting data pursuant to a generic plan,	143
a qualified data collector who intends to submit credible data to	144
the director may submit a site-specific plan that complies with	145
the rules adopted under division (A) of this section. If a	146
qualified data collector will be assisted by other persons who are	147
not qualified data collectors, the plan shall include procedures	148
for the supervision of their work to ensure the accuracy of the	149
data collection. The plan shall identify whether the data to be	150
collected are level one, two, or three credible data. The	151
director shall review the plan to determine if it complies with	152
the rules adopted under division (A) of this section and with this	153
division. After reviewing the plan, the director shall either	154
approve or disapprove it. A plan that is not disapproved within	155
sixty days shall be considered to have been approved.	156

(D) A person who chooses to submit data for consideration as	157
credible data shall document the person's status as a qualified	158
data collector, demonstrate compliance with a generic plan or a	159
site-specific plan, and certify to the best knowledge and belief	160
of the qualified data collector that the credible data were	161
collected in accordance with the procedures required by the plan	162
developed or approved under this section. The director shall not	163
consider data submitted by a qualified data collector that are not	164
accompanied by the certification required under this division.	165

No person is required to submit any of the data collected	166
pursuant to a plan developed or approved under this section unless	167
submission of the data is otherwise required by law, but a person	168
submitting some data pursuant to such a plan shall submit all data	169
collected pursuant to the plan.	170

(E) The director shall verify that a person submitting	171
data is a qualified data collector, review all data collected by a	172
qualified data collector, verify the accuracy of the data, and	173
determine that all components of the plan for the collection of	174
the data were followed. If the director determines that the data	175
are accurate and were collected by a qualified data collector in	176
accordance with required procedures, the director shall approve	177
the data as credible. The director shall provide the qualified	178
data collector with written notice informing the qualified data	179
collector as to whether the data have been approved, including the	180
level at which the data qualify as credible data.	181

(F) The director shall retain all information submitted by	182
a qualified data collector for a period of not less than ten years	183
from the date of receipt. All information submitted is a public	184
record.	185

Sec. 6111.54. Each state agency in possession of surface	186
water quality data shall submit the data to the environmental	187
protection agency in a format designated by the director of	188
environmental protection. Each such agency shall submit the data	189
to the director at the same time that the agency compiles or	190
summarizes the data for its own use, but at a minimum shall submit	191
the data to the director annually. If the director determines	192
that the data are accurate and were collected in accordance with	193
the rules adopted under section 6111.51 of the Revised Code, the	194
director shall approve the data as credible.	195

Sec. 6111.55. Following the adoption of rules under sections	196
6111.51 and 6111.53 of the Revised Code, the director of	197
environmental protection shall establish and maintain a	198
computerized database composed of all credible data in the	199
director's possession and shall make the data available to other	200
agencies and all other interested persons. The data shall be	201
stored in such a manner that they are easily retrieved and	202
analyzed and are available for sharing with other agencies and all	203
other interested persons.	204

Sec. 6111.56. (A) If the source or sources of a pollutant	205
causing an impairment of a water of the state are unknown, the	206
water of the state may be identified and listed under section	207
303(d)of the Federal Water Pollution Control Act. However, the	208
director of environmental protection shall continue to monitor the	209
water of the state to determine the source or sources of the	210
impairment before a total maximum daily load is established for	211
the water of the state pursuant to that section.	212

(B) The director shall not include a water of the state on a	213
list established under section 303(d) of the Federal Water	214
Pollution Control Act or establish a total maximum daily load for	215
a water of the state if the failure of the water of the state to	216
comply with an applicable water quality standard results solely	217
from the existence of a naturally occurring condition or	218
conditions.	219

(C) The director shall establish narrative water quality	220
standards where numerical criteria cannot be established or to	221
supplement numerical criteria.	222