Ohio Administrative Code
Title 3745 - Ohio Environmental Protection Agency
Chapter 3745-4 - Surface Water Monitoring and Assessment
Section 3745-4-03 - Qualified data collectors
Universal Citation: OH Admin Code 3745-4-03
Current through all regulations passed and filed through September 16, 2024
(A) Requirements to become a qualified data collector (QDC).
(1) Level 1 requirements.
(a) An individual may obtain level 1 QDC
status by documenting completion of a basic water quality monitoring program
designed for public awareness and education. Successful completion of a level 1
training from a QDC trainer approved by the director shall result in automatic
approval as a level 1 QDC if the trainee provides name and contact information
at the training. Individuals automatically approved as level 1 QDCs shall be
included on the list of approved QDCs on the credible data website at:
http://www.epa.ohio.gov/dsw/credibledata/index.aspx.
(b) The director shall determine the
acceptability of the basic water quality monitoring training based on factors
including, but not limited to, the following:
(i) Whether the training is affiliated with a
national, state or local organization that actively encourages and supports
surface water monitoring.
(ii)
Whether the training is affiliated with a program that has maintained, or
intends to maintain, data collection efforts spanning more than one
year.
(iii) Confirmation that the
training received by participants includes basic water quality principles, the
use of field instrumentation, sample collection and preservation and data
recording techniques.
(2) Level 2 requirements. Four categories of
level 2 QDC status are available. Applicants may apply for one or more of the
following in any combination:
(a) Stream
habitat assessment.
(i) The applicant shall
demonstrate through education or experience a general knowledge of stream and
riverine physical forms and habitat features. The director may develop training
and testing for this knowledge.
(ii) Within the past one year, the applicant
shall have attended training and achieved a passing mark in stream habitat
assessment "Qualitative Habitat Evaluation Index" (QHEI) testing offered by
Ohio EPA or a person authorized pursuant to this chapter to provide such
training.
(b) Primary
headwater stream habitat assessment.
(i) The
applicant shall demonstrate through education or experience a general knowledge
of stream and riverine physical forms and habitat features. The director may
develop training and testing for this knowledge.
(ii) Within the past one year, the applicant
shall have attended training and achieved a passing mark in
"Headwater Habitat
Evaluation Index" (HHEI) testing offered by Ohio EPA or a person authorized
pursuant to this chapter to provide such training.
(c) Benthic macroinvertebrate biology.
[Comment: The stream habitat and biocriteria training is strongly encouraged for QDCs in the level 2 macroinvertebrate specialty. The stream habitat and biocriteria training provides a broad-based understanding of how Ohio EPA uses biology to assess stream health.]
(i) The applicant shall demonstrate through
education or experience a general knowledge of stream and riverine or lake
physical forms and habitat features. The director may develop training and
testing for this knowledge.
(ii)
The applicant shall demonstrate through education or experience knowledge of
and the ability to accurately use macroinvertebrate taxonomic references and
dichotomous keys to identify midwestern aquatic macroinvertebrates to the level
of family.
(iii) Within one hundred
eighty days prior to submission of a level 2 QDC application, the applicant
shall have achieved a passing mark in a macroinvertebrate taxonomic
identification examination administered by Ohio EPA or a person authorized
under this chapter to administer such an examination.
(iv) The applicant shall have college-level
course credit in aquatic invertebrate zoology or practical experience in the
identification of aquatic macroinvertebrates.
(v) The applicant shall have completed and
achieved passing marks in undergraduate core course work in limnology, aquatic
biology, environmental sciences or a related discipline, or has two years of
practical experience in environmental assessment work.
(vi) The applicant shall have one year of
practical experience involving work in developing water quality sampling and
analysis plans, quality assurance plans, and data quality objectives processes.
The director may develop testing for this knowledge.
(d) Chemical water quality assessment.
(i) The applicant shall demonstrate through
education or experience a general knowledge of stream and riverine or lake
physical forms and habitat features. The director may develop training and
testing for this knowledge.
(ii)
The applicant shall have completed and achieved passing marks in undergraduate
core course work in a biological, chemical, microbiological, natural or
physical science, or has two years of pertinent laboratory experience
performing water quality testing and analysis, or has two years of pertinent
experience in chemical or microbiological water quality data analysis,
interpretation and report writing. The director may develop training and
testing for this knowledge.
(iii)
The applicant shall have one year of practical experience involving work in
developing chemical or microbiological surface water quality sampling and
analysis plans, quality assurance plans, and data quality objectives processes.
The director may develop testing for this knowledge.
(iv) The applicant shall have one year of
practical experience involving surface water quality sampling techniques and
water quality sampling equipment. The director may develop testing for this
knowledge.
(3)
Level 3 requirements. Five categories of level 3 QDC status are available.
Applicants may apply for one or more of the following in any combination:
(a) Primary headwater stream habitat assessment.
(i) The applicant shall demonstrate through
education or experience a general knowledge of stream and riverine physical
forms and habitat features. The director may develop training and testing for
this knowledge.
(ii) Within the
past one year the applicant shall have attended training and achieved a passing
mark in "Headwater
Habitat Evaluation Index" (HHEI) testing offered by Ohio EPA or a person
authorized pursuant to this chapter to provide such training.
(b) Fish community biology.
[Comment: Approval as a level 3 QDC in fish community biology requires training and testing in QHEI. ]
(i) The
applicant shall, within the past one year, have attended training to conduct
fish assessments and habitat assessments and achieved a passing mark in a
program offered by Ohio EPA or a person authorized under this chapter to
administer such training.
(ii) The
applicant shall satisfy the requirements of stream habitat assessment in
paragraph (A)(2)(a)(ii) of this rule.
(iii) The applicant shall demonstrate
knowledge of Ohio EPA electrofishing sampling protocols and data assessment
procedures. This knowledge shall be tested under provisions in paragraph
(A)(3)(b)(i) of this rule.
(iv) The applicant shall demonstrate
knowledge of and the ability to accurately use fish taxonomic references and
dichotomous keys to identify midwestern fish to the level of species. This
knowledge shall be tested under provisions in paragraph
(A)(3)(b) (i) of this rule.
(v) The applicant shall have college-level
course credit in ichthyology or two years of experience in the identification
of midwestern fish species.
(vi)
The applicant shall have completed and achieved passing marks in undergraduate
core course work in limnology, aquatic biology, environmental sciences or a
related discipline, or has two years of practical experience in environmental
assessment work.
(vii) The
applicant shall have two years of practical experience involving work in
developing biological water quality sampling and analysis plans, quality
assurance plans, and data quality objectives processes. The director may
develop testing for this knowledge.
(viii) The applicant shall have two years of
practical experience in using electrofishing sampling techniques.
(c) Benthic macroinvertebrate biology.
(i) The applicant shall demonstrate
through education or experience a general knowledge of
stream and riverine physical forms and habitat features. The director may
develop training and testing for this knowledge.
(ii) The applicant shall, within the last two
years, have attended training to conduct macroinvertebrate assessments and
achieved a passing mark in a program offered by Ohio EPA or a person authorized
under this chapter to administer such training.
(iii) The applicant shall have knowledge of
Ohio EPA macroinvertebrate field sampling, laboratory analysis, and data
assessment procedures. This knowledge shall be tested under provisions in
paragraph (A)(3)(c)(i) of this rule.
(iv) The applicant shall have knowledge of
and the ability to accurately use macroinvertebrate taxonomic references and
dichotomous keys to identify midwestern aquatic macroinvertebrates to the level
of taxonomy used by Ohio EPA. This knowledge shall be tested under provisions
in paragraph (A)(3)(c)(i) of this rule.
(v) The applicant shall have college-level
course credit in aquatic invertebrate zoology or two years of practical
experience in the identification of aquatic macroinvertebrates.
(vi) The applicant shall have completed and
achieved passing marks in undergraduate core course work in limnology, aquatic
biology, environmental sciences or a related discipline, or has two years of
practical experience in environmental assessment work.
(vii) The applicant shall have two years of
practical experience involving work in developing biological water quality
sampling and analysis plans, quality assurance plans, and data quality
objectives processes. The director may develop testing for this
knowledge.
(d)
Stream salamander community assessment.
(i)
The applicant
shall have knowledge of Ohio EPA primary headwater assessment field sampling
protocols and data assessment procedures.
(ii)
The applicant
shall satisfy the requirements of stream habitat assessment in paragraph
(A)(3)(a)(ii) of this rule.
(iii)
The applicant
shall have knowledge of and the ability to accurately use taxonomic references
and dichotomous keys to identify larval and adult stream salamanders to the
level of species.
(iv)
Within the past two years, the applicant shall have
attended training to conduct stream salamander assessments and achieved a
passing mark in an equivalent training program offered by Ohio EPA or a person
authorized under this chapter to administer such training.
(v)
The applicant
shall have college-level course credit in herpetology or two years experience
in the identification of midwestern stream salamanders.
(vi)
The applicant
shall have completed and achieved passing marks in undergraduate core course
work in limnology, aquatic biology, environmental sciences or a related
discipline, or has two years of practical experience in environmental
assessment work.
(vii)
The applicant shall have two years of practical
experience involving work in developing water quality sampling and analysis
plans, quality assurance plans, and data quality objectives. The director may
develop training and testing for this knowledge.
(e) Chemical water quality assessment.
(i) The applicant shall demonstrate through
education or experience a general knowledge of stream and riverine or lake
physical forms and habitat features. The director may develop training and
testing for this knowledge.
(ii)
The applicant shall have completed and achieved passing marks in undergraduate
core course work in a biological, microbiological, chemical, natural or
physical science, or has four years of pertinent laboratory experience
performing water quality testing and analysis, or has four years of pertinent
experience in chemical or microbiological water quality data analysis,
interpretation and report writing. The director may develop training and
testing for this knowledge.
(iii)
The applicant shall have two years of practical experience involving work in
developing chemical or microbiological surface water quality sampling and
analysis plans, quality assurance plans, and data quality objectives processes.
The director may develop testing for this knowledge.
(iv) The applicant shall have two years of
practical experience involving surface water quality sampling techniques and
water quality sampling equipment. The director may develop testing for this
knowledge.
(f) In lieu of
the training set forth in paragraph (A)(3) of this rule, an applicant may serve
a six-month apprenticeship under the mentorship of a level 3 QDC in the same
specialty. For level 3 fish and macroinvertebrate certification, field
collection and taxonomic identification must be included as part of the
apprenticeship. The QDC shall monitor, assess and document the apprentice and
provide an interim and final written evaluation of the apprentice to the
director. The director reserves the right to perform unannounced audits during
the apprenticeship period. Accepting the apprenticeship as fulfillment of level
3 QDC qualifications shall be at the discretion of the director. If accepted,
the applicant must take and pass the level 3 test for the specialty following
the completion of the apprenticeship.
(g) The director retains the discretion to
certify an applicant as level 3 QDC based upon a demonstration by the applicant
of a combination of equivalent education and experience to that set forth in
paragraphs (A)(3) (a) to (A)(3)(f) of this rule, along with the applicant
successfully passing a test to be administered by Ohio EPA concerning the
specific specialties for which the applicant is requesting QDC status.
(B) Application and initial approvals.
(1) An
applicant seeking to become a QDC shall submit to the director a complete and
current application on forms provided by the director. The application shall
include documentation demonstrating that the applicant completed water quality
monitoring training described in paragraph (A) of this rule. Applications must
be submitted within the time limits provided in paragraph (A) of this rule. The
director may grant a waiver extending the period during which the applicant
must apply for QDC status if the applicant can document that extenuating
circumstances prevented a timely submission. The director may require the
applicant to furnish additional documentation pertaining to the
application.
(2) An applicant shall
submit copies of official transcripts from the appropriate educational
institution and official training certifications or alternate required
documentation to verify that the applicant meets the educational and training
requirements set forth in paragraph (A) of this rule.
(3) The level 2 and level 3 applicants shall
certify that all information submitted in support of the application is true,
accurate, and complete and that the applicant has not been convicted of or
pleaded guilty to a violation of section
2911.21 of the Revised Code
(criminal trespass) or a substantially similar municipal ordinance within the
previous five years. Failure to include the certification shall render the
application incomplete.
(4) Ohio
EPA shall conduct a completeness review of the application and shall notify the
applicant in the event the application is incomplete. Ohio EPA shall not
consider an incomplete application and shall notify the applicant of the
reasons the application is incomplete and of any additional information
required for further consideration.
(5) The director shall either approve or deny
a complete application by sending a letter to the applicant. If the director
denies the application, the director shall identify the deficiencies upon which
the denial of the application is based.
(6) The director shall maintain a list of
approved, active QDCs. The active QDC list shall provide the organization with
which the QDC is affiliated, the approval level and specialty, the QDC number,
and expiration date of the status. The current QDC list shall be displayed on
the credible data web page at:
http://www.epa.ohio.gov/dsw/credibledata/current_QDCs.aspx.
(C) Expiration and renewals.
(1) Status as level 1 QDC shall not expire
and a renewal application is not required.
(2) Status as a level 2 QDC shall
automatically expire five years after the date of approval of the application
unless the approval has been renewed.
(3) Status as a level 3 QDC shall
automatically expire two years after the date of approval of the application
unless the approval has been renewed or a timely renewal application has been
submitted in accordance with this rule. Notwithstanding the above, status as a
level 3 QDC shall automatically be renewed for a period of three years without
submission of an application, where the QDC has submitted data while in the
status of a level 3 QDC and the director has determined the data to be level 3
data. The automatic renewal process can proceed on a rolling basis and each
three-year renewal period shall be deemed effective beginning on the date the
last sample was collected, or for taxonomic identification of benthic
macroinvertebrates the date the last sample was processed, under the confines
of an approved study plan. The data shall have been submitted to the
agency.
(4) Renewal applications.
Except as provided in paragraph (C)(3) of this rule, an applicant seeking
renewal of the applicant's status as a level 2 or level 3 QDC shall submit to
the director a renewal application prior to the date of expiration of the
applicant's status as a level 2 or level 3 QDC.
(a) Renewal application and requirements.
(i) Renewal applications shall be on forms
for that purpose available from Ohio EPA.
(ii) The renewal application shall provide a
means to re-submit the original application, if appropriate, or to update and
amend the original application as necessary.
(iii) Ohio EPA shall approve or deny the
renewal application in accordance with the procedures set forth in paragraphs
(B)(4) and (B)(5) of this rule.
(iv) Renewal of level 2 QDC status is
contingent upon the applicant's demonstration of active participation, in that
specialty, in the credible data water quality monitoring program within the
last two years. The director may develop and offer refresher QDC training.
Successful completion of refresher training can substitute for active
participation.
(v) Renewal of level
3 QDC status is contingent upon the applicant's demonstration of active
participation (at that level and in that specialty) in the credible data water
quality monitoring program within the prior two years. The director may develop
and offer refresher QDC training. Successful completion of refresher training
can substitute for active participation.
(vi) Active participation means that the QDC
has participated in activities under this program at the level and specialty of
the applicant's QDC certification during the period the applicant's
certification was valid including, for level 3 fish,
macroinvertebrate, and salamander certification,
field collection and taxonomic identification, and including the submission of
data approved at the appropriate level, collected under an approved project
study plan.
(b) Renewal
grace period.
(i) A QDC with expired level 2
status may submit a renewal application for a period of one year after the
expiration date.
(ii) A QDC with
expired level 3 status may submit a renewal application for a period of three
months after the expiration date.
(iii) A QDC with expired status may submit
data if the project was initiated prior to the expiration date, providing the
QDC submits an approvable renewal application within the time periods indicated
by paragraph (C)(4) of this rule.
(iv) A QDC with a lapsed status extending
beyond these time periods shall submit a full application as specified in
paragraph (B) of this rule.
(D) Revocation.
(1) The director may revoke an individual's
status as a QDC upon finding that the QDC has taken any of the following
actions:
(a) Fraudulently obtained or
attempted to obtain QDC status or renewal thereof.
(b) Knowingly or negligently submitted
misleading, inaccurate, or false data to Ohio EPA.
(c) Consistently failed to attain the
necessary standards for study design, field collection methods, laboratory
techniques, or quality assurance and quality control procedures for the
collection of credible data under this chapter.
(2) Upon making a finding under paragraph
(D)(1) of this rule, the director shall first issue a proposed action revoking
QDC status in accordance with Chapter 3745-49 of the Administrative
Code.
(3) The director shall notify
the QDC of a proposed action under paragraph (D)(2) of this rule. The notice
shall be by certified mail and shall set forth the period of ineligibility
proposed by the director, the proposed effective date thereof, the reason
therefor, and the procedure for appealing the action.
(4) Revocation of QDC status shall state a
period during which the individual shall not apply for such status. After the
period of ineligibility has expired, the former QDC may apply for status as a
QDC under this chapter.
(E) Trainers and testing.
(1) An individual seeking to become a QDC
trainer for level 1 credible data shall include with the application to become
a level 1 QDC trainer, documentation demonstrating all of the following:
(a) The applicant has successfully completed
training offered through an educational monitoring program or a citizen
monitoring program designed specifically for teaching the technical and
leadership skills to group leader candidates.
(b) The applicant has credentials
establishing that the individual is a qualified instructor in an organization
that operates or participates in an educational monitoring program or a citizen
monitoring program.
(c) The
applicant agrees to submit to Ohio EPA information provided by trainees seeking
level 1 QDC status at the time of the level 1 training activity.
(2) Training required for level 2
or level 3 QDC status shall be performed by Ohio EPA, Ohio EPA's contractors or
a third-party trainer having qualifications as a subject matter expert.
(a) Qualification as a subject matter expert.
A person interested in offering the training required for level 2 or level 3
QDC shall have the following qualifications:
(i) Technical competence in the pertinent
subject matter.
(ii) Five or more
years of practical experience performing the full set of skills required for
the QDC level and specialty.
(iii)
A post-secondary educational degree in a scientific field related to the
specialty.
(iv) Documented
experience in presenting technical training offered through classes, field
trips, seminars, workshops or conferences.
(b) Third party trainer requirements. A
person interested in offering training shall submit a written application to
the director with the following information:
(i) A resume that documents technical
competence, education and employment history.
(ii) A basic description of the expected
training and testing services to be provided.
(iii) A detailed training content manual for
the specialty offered.
(c) The director shall either approve or deny
the application by sending a letter to the applicant. If the director denies
the application, the director shall identify the deficiencies upon which the
denial of the application is based.
(3) Testing.
(a) Third party trainers may test level 2
QDCs provided the trainers coordinate with Ohio EPA on test content, scoring
and test result notification.
(b)
All level 3 QDC trainees shall be tested by Ohio EPA or Ohio EPA's
contractors.
(F) Notwithstanding paragraph (E) of this rule, an individual, or an individual who works for an organization, contracted by Ohio EPA to conduct QDC training shall be an approved QDC trainer for the life of that contract. Trainers' qualifications shall be evaluated by Ohio EPA staff as part of the contract process.
Disclaimer: These regulations may not be the most recent version. Ohio may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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