Ohio Urban Setting Designation - Eliminating the Drinking Water Pathway
What an Urban Setting Designation is, threshold criteria, how it eliminates the drinking water pathway for VAP and BUSTR sites, and the application process.
Overview
An Urban Setting Designation (USD) is a tool under Ohio’s Voluntary Action Program (VAP) that eliminates the requirement to clean up groundwater to drinking water standards at contaminated properties in urbanized areas. Because groundwater cleanup is often the most expensive component of environmental remediation, a USD can dramatically reduce cleanup costs and make brownfield redevelopment economically feasible.
The concept is straightforward: if a property is in a densely populated area where everyone is on municipal water and no one is drinking the groundwater, requiring cleanup to drinking water standards provides no practical health benefit. The USD formalizes that recognition.
USDs are governed by OAC 3745-300-10 and are administered by Ohio EPA’s Division of Environmental Response and Revitalization (DERR).
What a USD Does and Does Not Do
What It Does
A USD eliminates the potable use pathway for groundwater. This means the property does not need to meet the most restrictive groundwater cleanup standards (Unrestricted Potable Use Standards under VAP, or drinking water action levels under BUSTR). Instead, the site only needs to address non-drinking-water groundwater pathways.
What It Does Not Do
A USD does not eliminate all groundwater-related requirements. Other exposure pathways involving contaminated groundwater must still be addressed:
- Vapor intrusion - volatilization of COCs from groundwater to indoor air
- Surface water impacts - discharge of contaminated groundwater to nearby streams or water bodies
- Ecological receptors - exposure of wildlife or aquatic organisms
- Direct contact - any scenario where a person could contact contaminated groundwater
A USD only removes the assumption that someone will drink the groundwater. Every other pathway remains.
Threshold Criteria
A property must meet all of the following criteria to be eligible for a USD:
Location
The property must be entirely within a “community,” defined as any of the following:
- A township with a population of 20,000 or more in the unincorporated area
- The unincorporated portion of a township with an average population density of 650 or more people per square mile
- A former township entirely composed of municipal corporations (cities and villages)
Municipal Water Connection
At least 90% of the parcels within the city or urban township where the property is located must be connected to a community water system.
Not in a Wellhead Protection Area
The property cannot be located within an Ohio EPA-endorsed wellhead protection area (Drinking Water Source Protection Area) or one submitted for endorsement.
No Potable Wells Nearby
There can be no wells used for potable purposes within one-half mile of the property.
Applicability to BUSTR Sites
USDs are a VAP mechanism, but BUSTR’s 2022 corrective action rule explicitly recognizes them. During the Tier 1 Delineation drinking water determination, a site located within a USD may classify groundwater as non-drinking water. This eliminates the groundwater ingestion pathway and the soil-to-drinking-water leaching pathway, which are often the most restrictive pathways driving cleanup at petroleum UST sites.
For BUSTR sites, the USD must already be in place before it can be used in the drinking water determination. The BUSTR TGM directs consultants to check with Ohio EPA DERR to determine if the site is within a USD.
How to Check for an Existing USD
Ohio EPA maintains a GIS map of all approved USD areas. The map is available at the Ohio EPA open data portal. Search for “Urban Setting Designation” or access it directly through Ohio EPA’s DERR website. If your site falls within a designated area, you can use the USD in your groundwater pathway evaluation without applying for a new one.
Applying for a New USD
If no USD exists for the area, a new designation can be requested. The process requires:
Preparation by a Certified Professional
All USD requests must be prepared and submitted by a VAP Certified Professional (CP). The request must demonstrate how all threshold criteria have been met.
Required Documentation
The written request must include:
- Name and location of the applicant and the property
- Legal description of the property
- Demonstration that all threshold criteria are met (population, municipal water connection percentage, wellhead protection area status, potable well survey)
- Whether the local government favors the designation (optional but helpful)
Local Government Notification
At the time the request is submitted to Ohio EPA, the applicant must notify the local governments of the applicant and all local governments within one-half mile of the proposed USD property. This ensures local officials understand the purpose and implications of the USD and can provide informed input.
Ohio EPA Review
The director of Ohio EPA reviews the request and may approve, deny, or request additional information. The director may also extend the review period if needed. The USD must be approved before completion of any NFA letter that relies on it.
Verification and Ongoing Validity
Ohio EPA may periodically verify that approved USDs remain protective. The director can determine that a USD is still valid, no longer valid, or needs to be reduced in size.
When a CP uses a USD in support of an NFA letter, the CP must verify that the designation remains protective of the potable use pathway at the time of issuance. Verification is not required if conditions are unchanged since the original designation or last verification, but the CP must document the justification for not re-verifying.
If new potable wells are installed or previously unknown wells are discovered within the USD area, the designation may still be valid if certain criteria are met (for example, if the wells are part of a community water system with a source protection plan and the system owner consents in writing).
Practical Considerations
USDs are most valuable at urban brownfield sites. Sites in downtown areas, industrial corridors, and established commercial districts are the primary beneficiaries. Rural or suburban sites rarely qualify.
Check the map first. Many urban areas in Ohio already have USDs in place. Before spending money on a new application, check the Ohio EPA GIS map. Your site may already be covered.
The CP requirement matters. Only a VAP Certified Professional can prepare and submit a USD request. If you are working under BUSTR and want to use a USD that does not yet exist, you will need to engage a CP even though the BUSTR process does not otherwise require one.
USDs benefit both VAP and BUSTR sites. Even though USDs are a VAP tool, their recognition in the BUSTR corrective action rule makes them valuable for petroleum sites in urban areas as well.
Source
OAC 3745-300-10: Urban Setting Designations. Ohio EPA USD Fact Sheet. Ohio EPA Open Data Portal: Urban Setting Designation (USD) Areas.