Notice is hereby given that the Director of Environmental Protection, under the authority of Sections 6111.03 and 6111.042 of the Ohio Revised Code and in accordance with Chapter 119, proposes to amend the following rules of the Ohio Administrative Code (OAC), and add an additional rule:
3745-40-01 Definitions.
3745-40-02 Purpose, applicability, general requirements, exclusions and prohibitions.
3745-40-03 NPDES permit requirements and biosolids management permit requirements.
3745-40-04 Biosolids classifications.
3745-40-05 Notice and necessary information requirements for biosolids.
3745-40-06 Beneficial use site authorizations and deauthorizations for class B biosolids.
3745-40-07 Requirements for the storage of biosolids and regional facility storage.
3745-40-08 Requirements for the beneficial use of biosolids: general requirements, prohibitions, isolation distance requirements, site specific requirements, and additional site restrictions for the beneficial use of biosolids.
3745-40-09 Approved sampling methods, monitoring frequency requirements, standard operating procedures, record retention and annual reporting requirements.
3745-40-10 Facility storage requirements.
3745-40-11 Signage requirements for beneficial use sites receiving class B biosolids.
3745-40-12 Compliance and enforcement; and spill notification requirements.
3745-40-13 Requirements for the biosolids beneficial user management program.
The Agency invites all interested parties to comment on these rules.
This rulemaking is being undertaken to complete the five year rule review of these twelve rules and create an additional rule (OAC 3745-40-13). The proposed rules and a fact sheet explaining the rule amendments and how to comment are posted on the Ohio EPA website at epa.ohio.gov/divisions-and-offices/surface-water/regulations/proposed-rules. Questions regarding this rule package should be directed to Betsy Sheerin at Betsy.Sheerin@epa.ohio.gov.
A public hearing on this proposed rulemaking will be held to consider public comments in accordance with Section 119.03 of the Ohio Revised Code. Ohio EPA will hold a combination in-person and virtual public hearing. During the hearing, the public may submit written and/or oral comments on the record about the proposed rules. The hearing will be held on Tuesday, January 6, 2026 at 10:30 a.m. The in-person hearing will be located at Ohio EPA, Suite 700, 50 W. Town Street, Columbus, Ohio 43215.
Citizens who want to participate virtually must register in advance at this link: https://attendee.gotowebinar.com/register/1954636357056617049
To facilitate the scheduling of oral presentations, persons intending to give testimony at the hearing should notify the Ohio EPA Public Interest Center, P.O. Box 1049, Columbus, Ohio 43216-1049, (614) 644-2160, or email Mary McCarron at mary.mccarron@epa.ohio.gov. Prior registration will ensure that registrants are heard ahead of those individuals who register at the hearing. Oral testimony may be limited to five minutes depending on the number of persons testifying. All interested persons are entitled to attend or be represented and to present oral and/or written comments concerning the proposed rulemaking.
Written comments may be submitted during the public hearing, and/or can be submitted via SmartComment: https://ohioepa.commentinput.com?id=Cg8Wx2GcJP
All comments received at a hearing, or via email, by close of business on January 6, 2026 will be considered by Ohio EPA prior to final action on this rulemaking proposal. Written comments submitted after this date may be considered as time and circumstances permit.
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If you submit comments regarding this rulemaking to the email address below, you should receive a reply email within 2 business days indicating the receipt of your comments. If you do not receive a reply, please reach out to the Rule Coordinator at the contact info below.
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Rule Coordinator, Ohio EPA
Division of Surface Water
Phone: 614-728-2396
Email: dsw_rulecomments@epa.ohio.gov
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