Division of Surface Water Water Quality Certified Professional (WQCP) Program

1. Division of Surface WaterWater Quality Certified Professional (WQCP) Program Tiffani Kavalec, Chief February 24, 2016

2. WQCP • Legislative efforts • WQCP Survey results • Rule efforts

3. WQCP • Legislation was passed in last summer’s Budget Bill • Gives Director authority to establish rules: • WQCP to determine existing aquatic life use and to categorize wetlands in support of a 401 WQC or ISP • Establish tests and competencies • Discipline provisions • Renewals and fees • Authorize audits and standards, etc

4. WQCP • Did not include stakeholder input Ohio EPA received after H.B. 64 was introduced • Efforts on both sides during Senate review *See handout for next slides

5. WQCP 6111.30(K)Applicants for a 401 certification or an isolated wetland application are not required to utilize the services of a certified water quality professional.

6. WQCP Establish “Certified Water Quality Professional” 6111.30(G) The director shall issue or deny a section 401 water quality certification not later than one hundred eighty days after the complete application for the certification is received. When water quality professionals conduct the stream and wetland assessments to support an application, and the application does not require or warrant a public hearing, the director shall issue or deny a section 401 water quality certification not later than ninety days after the complete application for the certification is received.The director shall provide an applicant for a section 401 water quality certification with an opportunity to review the certification prior to its issuance.

7. WQCP (J) The director mayshall establish a program and adopt rules in accordance with Chapter 119. of the Revised Code for the purpose of certifying water quality professionals to assess streams to determine existing aquatic life use and to categorize wetlands in support of applications for section 401 water quality certification under divisions (A)(2) and (3) of this section and isolated wetland permits under sections 6111.022 to 6111.024 of the Revised Code. The director shall convene a multi-sector workgroup to develop water quality professional rules. The director shall use information submitted by certified water quality professionals in the review of those applications.

8. WQCP (6) Authorize random audits by the director of documentation developed or submitted by certified water quality professionals to ensure compliance with requirements established in rules adopted under division (J)(7) of this section;

9. WQCP • Authorize the director to require public disclosure of all certified water quality professionals. The director shall publish on the agency’s webpage, the following information for each certified water quality professional: 1) name; 2) qualifications and credentials; 3) status of certifications held; 4) all documents or reports developed by the water quality certified professional; 5) all documentation and results of audits of the water quality certified professional’s work; and 6) any final disciplinary action related to the water quality certified professional’s performance.

10. WQCP • Ohio EPA is hoping to get this language updated by Spring 2016 • Simultaneously sent out a survey to stakeholders for input

15. WQCP - Rules • Starting to draft a framework for the rules • Ric Queen retired at the end of October • Would hope to have rules available for review and comment sometime this summer

17. Questions? Tiffani Kavalec Tiffani.Kavalec@epa.ohio.gov