Ohio has issued for comment, proposed revised water quality standards that 

 include a newly created "outstanding State resource waters" category. Ohio intends- to 

 prohibit all point source discharges to these waters. Of fourteen specific water bodies 

 proposed to be included in this category by the Ohio EPA at this time, ten are 

 wetlands: four fens; three bogs; and three marshes. 



Because the designation of wetlands as ORWs is such an appropriate 

 classification for many wetland systems, it would behoove the States to adopt 

 regulations which maximize the ability of State agencies and citizens to have wetlands 

 and other waters placed in this category. The State of Kentucky has set out 

 procedures for the designation of these waters in its water quality standards. Certain 

 categories of waters automatically included as ORWs are: waters designated under the 

 KentuclQr \^d Rivers Aa or the Federal WOd and Scenic Rivers Act; waters within a 

 formally dedicated nature preserve or published in the registry of natural areas and 

 concurred upon by the cabinet; and waters that support federally recognized 

 endangered or threatened spedes. In addition, Kentud^s water quali^ standards 

 include a provision allowing anyone to propose waters for the ORW classification.^ 



Minnesota has a section in its water quality standards that could be called an 

 "emergency" provision for the designation of outstanding resource waters. Normally it 

 is necessary under Minnesota's water quality standards for the agency to provide an 

 opportunity for a hearing before identifying and establishing outstanding resource waters 

 and before prohibiting or .restricting any discharges to those waters. The "emergency" 

 provision allows the agency to prohibit new or expanded discharges for unlisted waters 

 "to the extent . . . necessary to preserve the existing higfi quality, or to preserve the 

 wilderness, sdentipc, recreational, or other special characteristics that make the water an 

 outstanding resource value water."^ This provision aUows the agency to protect the 

 waterbody whfle completing the listing process which could take several years. 



Moreover, some States have improved on the formulation of the ORW 

 classification by spelling out the protection provided by that designation more 

 specifically than do EPA's regulations. For instance, Massachusetts' water quality 

 standards state that for "National Resource Waters:" 



Waters so designated may not be degraded and are not subject to a variance, 

 procedure. New discharges of pollutants to such waters are prohibited. 

 Existing discharges shall be eliminated unless the discharger is able to 

 demonstrate that: (a) Alternative means of disposal are not reasonabfy 

 available or feasible; arui (b) The discharge will not affect the quality of the 

 water as a rumorud resource.^ 



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