(A) The water bodies
listed in table 26-2 of this rule are ordered from downstream to upstream.
Tributaries of a water body are indented. The aquatic life habitat, water
supply and recreation use designations are defined in rule
3745-1-07 of the Administrative
Code. The state resource water use designation is defined in rule
3745-1-05 of the Administrative
Code. The most stringent criteria associated with any one of the use
designations assigned to a water body will apply to that water body.
(D) The
following symbols are used throughout table 26-2 of this rule:
* Designated use based on the 1978 water quality
standards;
.
+ Designated use based on the results of a biological field
assessment performed by the Ohio environmental protection agency;
.
o Designated use based on justification other than the results
of a biological field assessment performed by the Ohio environmental protection
agency; and.
L An L in the warmwater habitat column signifies that the
stream segment is designated limited warmwater habitat.
(E) The following uses, criteria and
conditions shall apply to the Cuyahoga river ship channel
.
:
(1) The Cuyahoga river ship channel is a
unique segment of the Cuyahoga river. It is a federally maintained navigation
channel which originates at the Newburgh and South Shore railroad bridge (river
mile 5.6) and empties into the Cleveland harbor portion of
Lake
lake
Erie. The maintenance of the channel is important to commerce and the economic
well being of the Cleveland area. The channel averages two hundred seventy feet
in width, is maintained at a uniform depth of twenty-three feet and is
vertically sheet piled along the vast majority of its length. The physical
configuration of the channel results in a ten-day time of travel for a mass of
water entering the ship channel at critical low flow conditions.
Modeling projections of water quality in the channel have shown
that levels of oxygen demanding materials found in natural waters are
sufficient to depress dissolved oxygen below the warmwater habitat criteria.
The modeling simulations also indicate that the existing loads of oxygen
demanding materials could maintain the warmwater habitat dissolved oxygen
criteria if the river depth was decreased to twelve feet. However, this would
preclude the use of the channel for commercial navigation.
The physical habitat of the channel and the prevailing
background dissolved oxygen regime are insufficient to support any resemblance
of the warmwater habitat aquatic life use designation. A use attainability
analysis has been conducted and indicates the extant fauna is substantially
degraded and the potential for recovery of the fauna to the level
characteristic of other Lake
lake Erie river mouths is precluded by irretrievable
human induced conditions. However, the ship channel is used by fish as a
migratory route in the spring months. This seasonal and stream flow related use
shall be recognized and protected through this rule.
Full body contact recreational uses such as rowing, sculling
and jet skiing do occur in the ship channel. The ship channel is also used as
an industrial water supply but has no potential to support agricultural or
public water supply uses.
(2) Use designations for the Cuyahoga river
ship channel are as follows:
(a) Aquatic
life
;
.
(i) During the months of June
through
to
January, and during the remaining months of the year whenever the river flow is
less than seven hundred and three cubic feet per second at the United States
geological survey gage at Independence (#04208000), the aquatic life use shall
be limited resource water - navigation maintenance as defined in rule
3745-1-07 of the Administrative
Code.
(ii) During the months of
February
through
to May whenever the river flow equals or exceeds seven
hundred and three cubic feet per second at the United States geological survey
gage at Independence (#04208000), the aquatic life use shall be fish passage.
The fish passage use is defined as those rivers or other water bodies that have
been the subject of a use attainability analysis and have been found to be
incapable of supporting and maintaining a balanced, integrated, adaptive
community of warmwater organisms but are capable of supporting the passage of
warmwater fish during migratory periods.
(b) Industrial water supply as defined in
rule
3745-1-07 of the Administrative
Code
; and
.
(c)
Primary contact recreation as defined in rule
3745-1-07 of the Administrative
Code.
(3) The criteria
and other provisions to protect the designated uses of the ship channel shall
be those set forth in rules
3745-1-01 to
3745-1-07
and 3745-1-35 of the Administrative Code with the
following exceptions:
(a) The limited
resource water dissolved oxygen criterion shall be 1.5 mg/l minimum. No
dissolved oxygen average criteria apply.
(b) The fish passage criteria shall be the
same as the warmwater habitat criteria in rule
3745-1-07
3745-1-35 of
the Administrative Code, with the exception that the biological criteria
in rule
3745-1-07 of the Administrative
Code do not apply.
(4) Pursuant to United States environmental
protection agency regulations (
"40
CFR
C.F.R.
Part 130.7
"), the director shall
utilize the phased total maximum daily load approach as a means of progressing
toward attainment of the dissolved oxygen criteria established in paragraph
(E)(3) of this rule. The phased total maximum daily load approach is generally
recognized by the United States environmental protection agency as an
appropriate methodology for achieving a total load reduction compatible with
achieving water quality criteria ("Guidance for Water Quality-based Decisions
and the TMDL Process
, EPA 440/4-91-001").
In this instance the concept must consider the expectation of dissolved oxygen
enhancement through means other than additional point and nonpoint source load
reductions. Based on the background presented in paragraph (E)(1) of this rule
and extensive data collection and analysis, the following total maximum daily
load components shall be established for oxygen demanding substances
.
:
(a) The wasteloads for point sources shall be
those presented in table 26-1 of this rule. Loads for permit 3PA00002 may be
established after the steps in paragraphs (E)(4)(b), (E)(4)(c) and (E)(4)(d) of
this rule are completed.
(b) The
total maximum daily load shall include a component for expected dissolved
oxygen enhancement through such means as, but not limited to, off channel
re-aeration, sediment remediation and flow augmentation.
(c) An evaluation of the site-specific
technical and cost feasibility aspects of implementing off channel re-aeration
shall be the first scheduled phase of the Cuyahoga river ship channel total
maximum daily load. This evaluation shall be completed no later than two years
after the adoption of this rule.
(d) Implementation of off channel re-aeration
or other dissolved oxygen enhancement measures, and any wasteload allocation
for permit 3PA00002 for oxygen demanding substances, shall occur only after
these components of the total maximum daily load are incorporated into this
rule.
(5) These
standards reflect the desire for restoring and maintaining multiple uses of the
ship channel expressed by the Cuyahoga river remedial action plan coordinating
committee. All parties, private and public, who contribute to the dissolved
oxygen problem may share a responsibility in the study and attainment of these
standards. The dissolved oxygen criteria established in paragraph (E)(3) of
this rule are intended to be the minimum planning targets for the remedial
action planning process to use in evaluating beneficial use restoration. The
remedial action planning process should consider innovative means of achieving
this target such as off channel re-aeration, sediment remediation and flow
augmentation, either alone or in combination with additional point and nonpoint
source controls. As with all standards, it will be appropriate to periodically
re-assess the dissolved oxygen criteria based upon information collected as
part of the feasibility study conducted pursuant to paragraph (E)(4)(c) of this
rule or any other studies.
(6)
These standards shall be reviewed, and revised if appropriate, every three
years. Pursuant to Section 118 of the act (the "Great Lakes Critical Programs
Act of 1990") the director shall continue to develop the Cuyahoga river
remedial action plan - stage two report in conjunction with the Cuyahoga river
remedial action plan coordinating committee. Studies undertaken as part of the
remedial action plan and the feasibility study conducted pursuant to paragraph
(E)(4)(c) of this rule shall be important components of the standards review
process.
Table 26-1. Cuyahoga river ship channel point source loads of
oxygen demanding substances.
|
Facility -permit number
|
Outfall
|
Ammonia average/maximum
|
CBOD5
average/maximum
|
D.O.
|
|
NEORSD -3PF00003
|
001a,g
|
2.0 mg/l 1324 kg/d
|
3.0 mg/l 1986 kg/d
|
10 mg/l 6619 kg/d
|
15 mg/l 9928 kg/d
|
5 mg/l
|
|
NEORSD -3PF00003
|
001b,g
|
5.0 mg/l 3309 kg/d
|
7.5 mg/l 4964 kg/d
|
16 mg/l 10,590 kg/d
|
24 mg/l 15,885 kg/d
|
5 mg/l
|
|
NEORSD -3PF00003
|
001c,g
|
8.0 mg/l 5295 kg/d
|
12 mg/l 7942 kg/d
|
16 mg/l 10,590 kg/d
|
24 mg/l 15,885 kg/d
|
5 mg/l
|
|
NEORSD -3PA00002
|
alld
|
*
|
*
|
*
|
*
|
--
|
|
Zaclon -3IE00005
|
004/601
|
34 mg/l 36.9 kg/d
|
55 mg/l 59.7 kg/d
|
45 mg/le
48.9 kg/d
|
120 mg/le
130 kg/d
|
--
|
|
LTV - 3ID00003
|
005/604f
|
21 kg/d
|
63 kg/d
|
--
|
--
|
--
|
|
LTV - 3ID00003
|
014/605f
|
9 kg/d
|
27 kg/d
|
--
|
--
|
--
|
|
LTV - 3ID00003
|
009/606
|
158 kg/d
|
317 kg/d
|
--
|
--
|
--
|
|
LTV - 3ID00003
|
027/621f
|
18.8 kg/d
|
56.3 kg/d
|
--
|
--
|
--
|
a Applies during the months of May
through
to
October.
b Applies during the months of
March, April and November.
c Applies during the months of
December, January and February.
d Applies to all outfalls to the
Cuyahoga river and its tributaries.
* Monitoring program required for the combined sewer
overflows.
e BOD5
values.
f A variance to these load limits is
allowable unless the pending 301(g) variance request is denied. If the 301(g)
variance request is denied, the established implementation schedule will
apply.
g Loads calculated based upon design
flow of 175 million gallons per day and are applicable to normal dry weather
operation. Load values are not intended to restrict facility operation during
wet weather flows when efforts are made to capture and treat combined sewer
overflows.
Table 26-2. Use designations for water bodies in the Cuyahoga
river drainage basin.
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Appendix
