The Ohio Environmental Protection Agency (EPA) has several divisions and programs, one of which is the Division of Surface Water. Within this division is the 401 Water Quality Certification Section that is responsible for reviewing applications regarding projects that would impact wetlands and streams. The criterion by which a permit is issued or denied is described in the Rules language.

The Rules are developed by the Ohio EPA and determine the conditions by which permits are granted or denied. They are the administrative regulations adopted under Ohio statute. The rulemaking process has three phases: draft, proposed, and final. The first phase entails the Ohio EPA drafting a rules package internally and releasing it for interested party comment. The comment period usually lasts anywhere from 30 to 90 days. Once it ends, the EPA incorporates some of the comments and releases the rules package again for public comment. After this phase, the EPA makes final changes and sends the package to the Joint Committee on Agency Rule Review (JCARR) which is comprised of members of the Ohio General Assembly. JCARR has 60 days to adopt the rules. Once the rules are adopted, they take effect after 60 days.