Environmental Protection Agency §130 - Florida Dep · Environmental Protection Agency §130.15 priority water quality problems identi-fied in the State’s water quality assess-ment

711

Environmental Protection Agency § 130.15

priority water quality problems identi-fied in the State’s water quality assess-ment under section 305(b).

(e) EPA, States, areawide agencies,interstate agencies, local and Regionalgovernments, and designated man-agement agencies (DMAs) are jointparticipants in the water pollutioncontrol program. States may enter intocontractual arrangements or inter-governmental agreements with otheragencies concerning the performance ofwater quality planning and manage-ment tasks. Such arrangements shallreflect the capabilities of the respec-tive agencies and shall efficiently uti-lize available funds and funding eligi-bilities to meet Federal requirementscommensurate with State and localpriorities. State work programs undersection 205(j) shall be developed jointlywith local, Regional and other com-prehensive planning organizations.

§ 130.12 Coordination with other pro-grams.

(a) Relationship to the National Pol-lutant Discharge Elimination System(NPDES) program. In accordance withsection 208(e) of the Act, no NPDESpermit may be issued which is in con-flict with an approved Water QualityManagement (WQM) plan. Where aState has assumed responsibility forthe administration of the permit pro-gram under section 402, it shall assureconsistency with the WQM plan.

(b) Relationship to the municipalconstruction grants program. In ac-cordance with sections 205(j), 216 and303(e)(3)(H) of the Act, each State shalldevelop a system for setting prioritiesfor funding construction of municipalwastewater treatment facilities undersection 201 of the Act. The State, orthe agency to which the State has dele-gated WQM planning functions, shallreview each facility plan in its area forconsistency with the approved WQMplan. Under section 208(d) of the Act,after a waste treatment managementagency has been designated and a WQMplan approved, section 201 constructiongrant funds may be awarded only tothose agencies for construction oftreatment works in conformity withthe approved WQM plan.

(c) Relationship to Federal activi-ties—Each department, agency or in-

strumentality of the executive, legisla-tive and judicial branches of the Fed-eral Government having jurisdictionover any property or facility or en-gaged in any activity resulting, orwhich may result, in the discharge orrunoff of pollutants shall comply withall Federal, State, interstate and localrequirements, administrative author-ity, and process and sanctions respect-ing the control and abatement of waterpollution in the same manner and ex-tent as any non-governmental entity inaccordance with section 313 of theCWA.

§ 130.15 Processing application for In-dian tribes.

The Regional Administrator shallprocess an application of an IndianTribe submitted under § 130.6(d) in atimely manner. He shall promptly no-tify the Indian Tribe of receipt of theapplication.

[54 FR 14360, Apr. 11, 1989, as amended at 59FR 13818, Mar. 23, 1994]

PART 131—WATER QUALITYSTANDARDS

Subpart A—General Provisions

Sec.131.1 Scope.131.2 Purpose.131.3 Definitions.131.4 State authority.131.5 EPA authority.131.6 Minimum requirements for water

quality standards submission.131.7 Dispute resolution mechanism.131.8 Requirements for Indian Tribes to ad-

minister a water quality standards pro-gram.

Subpart B—Establishment of Water QualityStandards

131.10 Designation of uses.131.11 Criteria.131.12 Antidegradation policy.131.13 General policies.

Subpart C—Procedures for Review andRevision of Water Quality Standards

131.20 State review and revision of waterquality standards.

131.21 EPA review and approval of waterquality standards.

131.22 EPA promulgation of water qualitystandards.

VerDate 06-NOV-97 15:50 Nov 06, 1997 Jkt 174145 PO 00000 Frm 00711 Fmt 8010 Sfmt 8010 Y:\OLD_ECFR\174145.077 174145

712

40 CFR Ch. I (7–1–97 Edition)§ 131.1

Subpart D—Federally Promulgated WaterQuality Standards

131.31 Arizona.131.32 Pennsylvania.131.33–131.34 [Reserved]131.35 Colville Confederated Tribes Indian

Reservation.131.36 Toxics criteria for those states not

complying with Clean Water Act section303(c)(2)(B).

131.37 California.

AUTHORITY: 33 U.S.C. 1251 et seq.

SOURCE: 48 FR 51405, Nov. 8, 1983, unlessotherwise noted.

Subpart A—General Provisions

§ 131.1 Scope.

This part describes the requirementsand procedures for developing, review-ing, revising, and approving waterquality standards by the States as au-thorized by section 303(c) of the CleanWater Act. Additional specific proce-dures for developing, reviewing, revis-ing, and approving water quality stand-ards for Great Lakes States or GreatLakes Tribes (as defined in 40 CFR132.2) to conform to section 118 of theClean Water Act and 40 CFR part 132,are provided in 40 CFR part 132.

[60 FR 15386, Mar. 23, 1995]

§ 131.2 Purpose.

A water quality standard defines thewater quality goals of a water body, orportion thereof, by designating the useor uses to be made of the water and bysetting criteria necessary to protectthe uses. States adopt water qualitystandards to protect public health orwelfare, enhance the quality of waterand serve the purposes of the CleanWater Act (the Act). ‘‘Serve the pur-poses of the Act’’ (as defined in sec-tions 101(a)(2) and 303(c) of the Act)means that water quality standardsshould, wherever attainable, providewater quality for the protection andpropagation of fish, shellfish and wild-life and for recreation in and on thewater and take into consideration theiruse and value of public water supplies,propagation of fish, shellfish, and wild-life, recreation in and on the water,and agricultural, industrial, and otherpurposes including navigation.

Such standards serve the dual purposesof establishing the water quality goalsfor a specific water body and serve asthe regulatory basis for the establish-ment of water-quality-based treatmentcontrols and strategies beyond thetechnology-based levels of treatmentrequired by sections 301(b) and 306 ofthe Act.

§ 131.3 Definitions.(a) The Act means the Clean Water

Act (Pub. L. 92–500, as amended (33U.S.C. 1251 et seq.)).

(b) Criteria are elements of Statewater quality standards, expressed asconstituent concentrations, levels, ornarrative statements, representing aquality of water that supports a par-ticular use. When criteria are met,water quality will generally protectthe designated use.

(c) Section 304(a) criteria are developedby EPA under authority of section304(a) of the Act based on the latestscientific information on the relation-ship that the effect of a constituentconcentration has on particular aquat-ic species and/or human health. Thisinformation is issued periodically tothe States as guidance for use in devel-oping criteria.

(d) Toxic pollutants are those pollut-ants listed by the Administrator undersection 307(a) of the Act.

(e) Existing uses are those uses actu-ally attained in the water body on orafter November 28, 1975, whether or notthey are included in the water qualitystandards.

(f) Designated uses are those usesspecified in water quality standards foreach water body or segment whether ornot they are being attained.

(g) Use attainability analysis is astructured scientific assessment of thefactors affecting the attainment of theuse which may include physical, chem-ical, biological, and economic factorsas described in § 131.10(g).

(h) Water quality limited segmentmeans any segment where it is knownthat water quality does not meet appli-cable water quality standards, and/or isnot expected to meet applicable waterquality standards, even after the appli-cation of the technology-bases effluentlimitations required by sections 301(b)and 306 of the Act.


713


(i) Water quality standards are provi-sions of State or Federal law whichconsist of a designated use or uses forthe waters of the United States andwater quality criteria for such watersbased upon such uses. Water qualitystandards are to protect the publichealth or welfare, enhance the qualityof water and serve the purposes of theAct.

(j) States include: The 50 States, theDistrict of Columbia, Guam, the Com-monwealth of Puerto Rico, Virgin Is-lands, American Samoa, the Trust Ter-ritory of the Pacific Islands, the Com-monwealth of the Northern MarianaIslands, and Indian Tribes that EPAdetermines to be eligible for purposesof water quality standards program.

(k) Federal Indian Reservation, IndianReservation, or Reservation means allland within the limits of any Indianreservation under the jurisdiction ofthe United States Government, not-withstanding the issuance of any pat-ent, and including rights-of-way run-ning through the reservation.’’

(l) Indian Tribe or Tribe means any In-dian Tribe, band, group, or communityrecognized by the Secretary of the In-terior and exercising governmental au-thority over a Federal Indian reserva-tion.

[48 FR 51405, Nov. 8, 1983, as amended at 56FR 64893, Dec. 12, 1991; 59 FR 64344, Dec. 14,1994]

§ 131.4 State authority.(a) States (as defined in § 131.3) are re-

sponsible for reviewing, establishing,and revising water quality standards.As recognized by section 510 of theClean Water Act, States may developwater quality standards more stringentthan required by this regulation. Con-sistent with section 101(g) and 518(a) ofthe Clean Water Act, water qualitystandards shall not be construed to su-persede or abrogate rights to quan-tities of water.

(b) States (as defined in § 131.3) mayissue certifications pursuant to the re-quirements of Clean Water Act section401. Revisions adopted by States shallbe applicable for use in issuing Statecertifications consistent with the pro-visions of § 131.21(c).

(c) Where EPA determines that aTribe is eligible to the same extent as

a State for purposes of water qualitystandards, the Tribe likewise is eligibleto the same extent as a State for pur-poses of certifications conducted underClean Water Act section 401.

[56 FR 64893, Dec. 12, 1991, as amended at 59FR 64344, Dec. 14, 1994]

§ 131.5 EPA authority.

(a) Under section 303(c) of the Act,EPA is to review and to approve or dis-approve State-adopted water qualitystandards. The review involves a deter-mination of:

(1) Whether the State has adoptedwater uses which are consistent withthe requirements of the Clean WaterAct;

(2) Whether the State has adoptedcriteria that protect the designatedwater uses;

(3) Whether the State has followed itslegal procedures for revising or adopt-ing standards;

(4) Whether the State standardswhich do not include the uses specifiedin section 101(a)(2) of the Act are basedupon appropriate technical and sci-entific data and analyses, and

(5) Whether the State submissionmeets the requirements included in§ 131.6 of this part and, for Great LakesStates or Great Lakes Tribes (as de-fined in 40 CFR 132.2) to conform tosection 118 of the Act, the require-ments of 40 CFR part 132.

(b) If EPA determines that theState’s or Tribe’s water quality stand-ards are consistent with the factorslisted in paragraphs (a)(1) through(a)(5) of this section, EPA approves thestandards. EPA must disapprove theState’s or Tribe’s water quality stand-ards and promulgate Federal standardsunder section 303(c)(4), and for GreatLakes States or Great Lakes Tribesunder section 118(c)(2)(C) of the Act, ifState or Tribal adopted standards arenot consistent with the factors listedin paragraphs (a)(1) through (a)(5) ofthis section. EPA may also promulgatea new or revised standard when nec-essary to meet the requirements of theAct.

(c) Section 401 of the Clean Water Actauthorizes EPA to issue certificationspursuant to the requirements of sec-tion 401 in any case where a State or


714

40 CFR Ch. I (7–1–97 Edition)§ 131.6

interstate agency has no authority forissuing such certifications.

[48 FR 51405, Nov. 8, 1983, as amended at 56FR 64894, Dec. 12, 1991; 60 FR 15387, Mar. 23,1995]

§ 131.6 Minimum requirements forwater quality standards submis-sion.

The following elements must be in-cluded in each State’s water qualitystandards submitted to EPA for review:

(a) Use designations consistent withthe provisions of sections 101(a)(2) and303(c)(2) of the Act.

(b) Methods used and analyses con-ducted to support water quality stand-ards revisions.

(c) Water quality criteria sufficientto protect the designated uses.

(d) An antidegradation policy con-sistent with § 131.12.

(e) Certification by the State Attor-ney General or other appropriate legalauthority within the State that thewater quality standards were dulyadopted pursuant to State law.

(f) General information which willaid the Agency in determining the ade-quacy of the scientific basis of thestandards which do not include theuses specified in section 101(a)(2) of theAct as well as information on generalpolicies applicable to State standardswhich may affect their application andimplementation.

§ 131.7 Dispute resolution mechanism.

(a) Where disputes between Statesand Indian Tribes arise as a result ofdiffering water quality standards oncommon bodies of water, the lead EPARegional Administrator, as determinedbased upon OMB circular A–105, shallbe responsible for acting in accordancewith the provisions of this section.

(b) The Regional Administrator shallattempt to resolve such disputeswhere:

(1) The difference in water qualitystandards results in unreasonable con-sequences;

(2) The dispute is between a State (asdefined in § 131.3(j) but exclusive of allIndian Tribes) and a Tribe which EPAhas determined is eligible to the sameextent as a State for purposes of waterquality standards;

(3) A reasonable effort to resolve thedispute without EPA involvement hasbeen made;

(4) The requested relief is consistentwith the provisions of the Clean WaterAct and other relevant law;

(5) The differing State and Tribalwater quality standards have beenadopted pursuant to State and Triballaw and approved by EPA; and

(6) A valid written request has beensubmitted by either the Tribe or theState.

(c) Either a State or a Tribe may re-quest EPA to resolve any disputewhich satisfies the criteria of para-graph (b) of this section. Written re-quests for EPA involvement should besubmitted to the lead Regional Admin-istrator and must include:

(1) A concise statement of the unrea-sonable consequences that are allegedto have arisen because of differingwater quality standards;

(2) A concise description of the ac-tions which have been taken to resolvethe dispute without EPA involvement;

(3) A concise indication of the waterquality standards provision which hasresulted in the alleged unreasonableconsequences;

(4) Factual data to support the al-leged unreasonable consequences; and

(5) A statement of the relief soughtfrom the alleged unreasonable con-sequences.

(d) Where, in the Regional Adminis-trator’s judgment, EPA involvement isappropriate based on the factors ofparagraph (b) of this section, the Re-gional Administrator shall, within 30days, notify the parties in writing thathe/she is initiating an EPA dispute res-olution action and solicit their writtenresponse. The Regional Administratorshall also make reasonable efforts toensure that other interested individ-uals or groups have notice of this ac-tion. Such efforts shall include but notbe limited to the following:

(1) Written notice to responsibleTribal and State Agencies, and otheraffected Federal agencies,

(2) Notice to the specific individualor entity that is alleging that an un-reasonable consequence is resultingfrom differing standards having beenadopted on a common body of water,


715


(3) Public notice in local newspapers,radio, and television, as appropriate,

(4) Publication in trade journal news-letters, and

(5) Other means as appropriate.(e) If in accordance with applicable

State and Tribal law an Indian Tribeand State have entered into an agree-ment that resolves the dispute or es-tablishes a mechanism for resolving adispute, EPA shall defer to this agree-ment where it is consistent with theClean Water Act and where it has beenapproved by EPA.

(f) EPA dispute resolution actionsshall be consistent with one or a com-bination of the following options:

(1) Mediation. The Regional Adminis-trator may appoint a mediator to me-diate the dispute. Mediators shall beEPA employees, employees from otherFederal agencies, or other individualswith appropriate qualifications.

(i) Where the State and Tribe agreeto participate in the dispute resolutionprocess, mediation with the intent toestablish Tribal-State agreements,consistent with Clean Water Act sec-tion 518(d), shall normally be pursuedas a first effort.

(ii) Mediators shall act as neutralfacilitators whose function is to en-courage communication and negotia-tion between all parties to the dispute.

(iii) Mediators may establish advi-sory panels, to consist in part of rep-resentatives from the affected parties,to study the problem and recommendan appropriate solution.

(iv) The procedure and schedule formediation of individual disputes shallbe determined by the mediator in con-sultation with the parties.

(v) If formal public hearings are heldin connection with the actions takenunder this paragraph, Agency require-ments at 40 CFR 25.5 shall be followed.

(2) Arbitration. Where the parties tothe dispute agree to participate in thedispute resolution process, the Re-gional Administrator may appoint anarbitrator or arbitration panel to arbi-trate the dispute. Arbitrators andpanel members shall be EPA employ-ees, employees from other Federalagencies, or other individuals with ap-propriate qualifications. The Regionaladministrator shall select as arbitra-tors and arbitration panel members in-

dividuals who are agreeable to all par-ties, are knowledgeable concerning therequirements of the water qualitystandards program, have a basic under-standing of the political and economicinterests of Tribes and States involved,and are expected to fulfill the dutiesfairly and impartially.

(i) The arbitrator or arbitrationpanel shall conduct one or more pri-vate or public meetings with the par-ties and actively solicit informationpertaining to the effects of differingwater quality permit requirements onupstream and downstream dischargers,comparative risks to public health andthe environment, economic impacts,present and historical water uses, thequality of the waters subject to suchstandards, and other factors relevantto the dispute, such as whether pro-posed water quality criteria are morestringent than necessary to supportdesignated uses, more stringent thannatural background water quality orwhether designated uses are reasonablegiven natural background water qual-ity.

(ii) Following consideration of rel-evant factors as defined in paragraph(f)(2)(i) of this section, the arbitratoror arbitration panel shall have the au-thority and responsibility to provideall parties and the Regional Adminis-trator with a written recommendationfor resolution of the dispute. Arbitra-tion panel recommendations shall, ingeneral, be reached by majority vote.However, where the parties agree tobinding arbitration, or where requiredby the Regional Administrator, rec-ommendations of such arbitration pan-els may be unanimous decisions. Wherebinding or non-binding arbitration pan-els cannot reach a unanimous rec-ommendation after a reasonable periodof time, the Regional Administratormay direct the panel to issue a non-binding decision by majority vote.

(iii) The arbitrator or arbitrationpanel members may consult withEPA’s Office of General Counsel onlegal issues, but otherwise shall haveno ex parte communications pertainingto the dispute. Federal employees whoare arbitrators or arbitration panelmembers shall be neutral and shall notbe predisposed for or against the posi-tion of any disputing party based on


716

40 CFR Ch. I (7–1–97 Edition)§ 131.8

any Federal Trust responsibilitieswhich their employers may have withrespect to the Tribe. In addition, arbi-trators or arbitration panel memberswho are Federal employees shall actindependently from the normal hier-archy within their agency.

(iv) The parties are not obligated toabide by the arbitrator’s or arbitrationpanel’s recommendation unless theyvoluntarily entered into a bindingagreement to do so.

(v) If a party to the dispute believesthat the arbitrator or arbitration panelhas recommended an action contraryto or inconsistent with the CleanWater Act, the party may appeal thearbitrator’s recommendation to theRegional Administrator. The requestfor appeal must be in writing and mustinclude a description of the statutorybasis for altering the arbitrator’s rec-ommendation.

(vi) The procedure and schedule forarbitration of individual disputes shallbe determined by the arbitrator or ar-bitration panel in consultation withparties.

(vii) If formal public hearings areheld in connection with the actionstaken under this paragraph, Agency re-quirements at 40 CFR 25.5 shall be fol-lowed.

(3) Dispute resolution default proce-dure. Where one or more parties (as de-fined in paragraph (g) of this section)refuse to participate in either the me-diation or arbitration dispute resolu-tion processes, the Regional Adminis-trator may appoint a single official orpanel to review available informationpertaining to the dispute and to issue awritten recommendation for resolvingthe dispute. Review officials shall beEPA employees, employees from otherFederal agencies, or other individualswith appropriate qualifications. Re-view panels shall include appropriatemembers to be selected by the Re-gional Administrator in consultationwith the participating parties. Rec-ommendations of such review officialsor panels shall, to the extent possiblegiven the lack of participation by oneor more parties, be reached in a man-ner identical to that for arbitration ofdisputes specified in paragraphs (f)(2)(i)through (f)(2)(vii) of this section.

(g) Definitions. For the purposes ofthis section:

(1) Dispute Resolution Mechanismmeans the EPA mechanism establishedpursuant to the requirements of CleanWater Act section 518(e) for resolvingunreasonable consequences that ariseas a result of differing water qualitystandards that may be set by Statesand Indian Tribes located on commonbodies of water.

(2) Parties to a State-Tribal disputeinclude the State and the Tribe andmay, at the discretion of the RegionalAdministrator, include an NPDES per-mittee, citizen, citizen group, or otheraffected entity.


§ 131.8 Requirements for Indian Tribesto administer a water quality stand-ards program.

(a) The Regional Administrator, asdetermined based on OMB Circular A–105, may accept and approve a tribalapplication for purposes of administer-ing a water quality standards programif the Tribe meets the following cri-teria:

(1) The Indian Tribe is recognized bythe Secretary of the Interior and meetsthe definitions in § 131.3 (k) and (l),

(2) The Indian Tribe has a governingbody carrying out substantial govern-mental duties and powers,

(3) The water quality standards pro-gram to be administered by the IndianTribe pertains to the management andprotection of water resources which arewithin the borders of the Indian res-ervation and held by the Indian Tribe,within the borders of the Indian res-ervation and held by the United Statesin trust for Indians, within the bordersof the Indian reservation and held by amember of the Indian Tribe if suchproperty interest is subject to a trustrestriction on alienation, or otherwisewithin the borders of the Indian res-ervation, and

(4) The Indian Tribe is reasonably ex-pected to be capable, in the RegionalAdministrator’s judgment, of carryingout the functions of an effective waterquality standards program in a mannerconsistent with the terms and purposesof the Act and applicable regulations.


717


(b) Requests by Indian Tribes for ad-ministration of a water quality stand-ards program should be submitted tothe lead EPA Regional Administrator.The application shall include the fol-lowing information:

(1) A statement that the Tribe is rec-ognized by the Secretary of the Inte-rior.

(2) A descriptive statement dem-onstrating that the Tribal governingbody is currently carrying out substan-tial governmental duties and powersover a defined area. The statementshould:

(i) Describe the form of the Tribalgovernment;

(ii) Describe the types of govern-mental functions currently performedby the Tribal governing body such as,but not limited to, the exercise of po-lice powers affecting (or relating to)the health, safety, and welfare of theaffected population, taxation, and theexercise of the power of eminent do-main; and

(iii) Identify the source of the Tribalgovernment’s authority to carry outthe governmental functions currentlybeing performed.

(3) A descriptive statement of theIndian Tribe’s authority to regulatewater quality. The statement shouldinclude:

(i) A map or legal description of thearea over which the Indian Tribe as-serts authority to regulate surfacewater quality;

(ii) A statement by the Tribe’s legalcounsel (or equivalent official) whichdescribes the basis for the Tribes asser-tion of authority and which may in-clude a copy of documents such asTribal constitutions, by–laws, charters,executive orders, codes, ordinances,and/or resolutions which support theTribe’s assertion of authority; and

(iii) An identification of the surfacewaters for which the Tribe proposes toestablish water quality standards.

(4) A narrative statement describingthe capability of the Indian Tribe toadminister an effective water qualitystandards program. The narrativestatement should include:

(i) A description of the Indian Tribe’sprevious management experiencewhich may include the administrationof programs and services authorized by

the Indian Self-Determination andEducation Assistance Act (25 U.S.C. 450et seq.), the Indian Mineral Develop-ment Act (25 U.S.C. 2101 et seq.), or theIndian Sanitation Facility Construc-tion Activity Act (42 U.S.C. 2004a);

(ii) A list of existing environmentalor public health programs adminis-tered by the Tribal governing body andcopies of related Tribal laws, policies,and regulations;

(iii) A description of the entity (orentities) which exercise the executive,legislative, and judicial functions ofthe Tribal government;

(iv) A description of the existing, orproposed, agency of the Indian Tribewhich will assume primary responsibil-ity for establishing, reviewing, imple-menting and revising water qualitystandards;

(v) A description of the technical andadministrative capabilities of the staffto administer and manage an effectivewater quality standards program or aplan which proposes how the Tribe willacquire additional administrative andtechnical expertise. The plan must ad-dress how the Tribe will obtain thefunds to acquire the administrativeand technical expertise.

(5) Additional documentation re-quired by the Regional Administratorwhich, in the judgment of the RegionalAdministrator, is necessary to supporta Tribal application.

(6) Where the Tribe has previouslyqualified for eligibility or ‘‘treatmentas a state’’ under a Clean Water Act orSafe Drinking Water Act program, theTribe need only provide the requiredinformation which has not been sub-mitted in a previous application.

(c) Procedure for processing an In-dian Tribe’s application.

(1) The Regional Administrator shallprocess an application of an IndianTribe submitted pursuant to § 131.8(b)in a timely manner. He shall promptlynotify the Indian Tribe of receipt of theapplication.

(2) Within 30 days after receipt of theIndian Tribe’s application the RegionalAdministrator shall provide appro-priate notice. Notice shall:

(i) Include information on the sub-stance and basis of the Tribe’s asser-tion of authority to regulate the qual-ity of reservation waters; and


718

40 CFR Ch. I (7–1–97 Edition)§ 131.10

(ii) Be provided to all appropriategovernmental entities.

(3) The Regional Administrator shallprovide 30 days for comments to besubmitted on the Tribal application.Comments shall be limited to theTribe’s assertion of authority.

(4) If a Tribe’s asserted authority issubject to a competing or conflictingclaim, the Regional Administrator,after due consideration, and in consid-eration of other comments received,shall determine whether the Tribe hasadequately demonstrated that it meetsthe requirements of § 131.8(a)(3).

(5) Where the Regional Administratordetermines that a Tribe meets the re-quirements of this section, he shallpromptly provide written notificationto the Indian Tribe that the Tribe isauthorized to administer the WaterQuality Standards program.


Subpart B—Establishment of WaterQuality Standards

§ 131.10 Designation of uses.(a) Each State must specify appro-

priate water uses to be achieved andprotected. The classification of the wa-ters of the State must take into con-sideration the use and value of waterfor public water supplies, protectionand propagation of fish, shellfish andwildlife, recreation in and on thewater, agricultural, industrial, andother purposes including navigation. Inno case shall a State adopt wastetransport or waste assimilation as adesignated use for any waters of theUnited States.

(b) In designating uses of a waterbody and the appropriate criteria forthose uses, the State shall take intoconsideration the water quality stand-ards of downstream waters and shallensure that its water quality standardsprovide for the attainment and mainte-nance of the water quality standards ofdownstream waters.

(c) States may adopt sub-categoriesof a use and set the appropriate cri-teria to reflect varying needs of suchsub-categories of uses, for instance, todifferentiate between cold water andwarm water fisheries.

(d) At a minimum, uses are deemedattainable if they can be achieved bythe imposition of effluent limits re-quired under sections 301(b) and 306 ofthe Act and cost-effective and reason-able best management practices fornonpoint source control.

(e) Prior to adding or removing anyuse, or establishing sub-categories of ause, the State shall provide notice andan opportunity for a public hearingunder § 131.20(b) of this regulation.

(f) States may adopt seasonal uses asan alternative to reclassifying a waterbody or segment thereof to uses requir-ing less stringent water quality cri-teria. If seasonal uses are adopted,water quality criteria should be ad-justed to reflect the seasonal uses,however, such criteria shall not pre-clude the attainment and maintenanceof a more protective use in anotherseason.

(g) States may remove a designateduse which is not an existing use, as de-fined in § 131.3, or establish sub-cat-egories of a use if the State can dem-onstrate that attaining the designateduse is not feasible because:

(1) Naturally occurring pollutantconcentrations prevent the attainmentof the use; or

(2) Natural, ephemeral, intermittentor low flow conditions or water levelsprevent the attainment of the use, un-less these conditions may be com-pensated for by the discharge of suffi-cient volume of effluent dischargeswithout violating State water con-servation requirements to enable usesto be met; or

(3) Human caused conditions orsources of pollution prevent the at-tainment of the use and cannot beremedied or would cause more en-vironmental damage to correct than toleave in place; or

(4) Dams, diversions or other types ofhydrologic modifications preclude theattainment of the use, and it is not fea-sible to restore the water body to itsoriginal condition or to operate suchmodification in a way that would re-sult in the attainment of the use; or

(5) Physical conditions related to thenatural features of the water body,such as the lack of a proper substrate,cover, flow, depth, pools, riffles, andthe like, unrelated to water quality,


719


preclude attainment of aquatic lifeprotection uses; or

(6) Controls more stringent thanthose required by sections 301(b) and306 of the Act would result in substan-tial and widespread economic andsocial impact.

(h)States may not remove designateduses if:

(1) They are existing uses, as definedin § 131.3, unless a use requiring morestringent criteria is added; or

(2) Such uses will be attained by im-plementing effluent limits requiredunder sections 301(b) and 306 of the Actand by implementing cost-effective andreasonable best management practicesfor nonpoint source control.

(i) Where existing water qualitystandards specify designated uses lessthan those which are presently beingattained, the State shall revise itsstandards to reflect the uses actuallybeing attained.

(j) A State must conduct a use at-tainability analysis as described in§ 131.3(g) whenever:

(1) The State designates or has des-ignated uses that do not include theuses specified in section 101(a)(2) of theAct, or

(2) The State wishes to remove a des-ignated use that is specified in section101(a)(2) of the Act or to adoptsubcategories of uses specified in sec-tion 101(a)(2) of the Act which requireless stringent criteria.

(k) A State is not required to conducta use attainability analysis under thisregulation whenever designating useswhich include those specified in section101(a)(2) of the Act.

§ 131.11 Criteria.(a) Inclusion of pollutants: (1) States

must adopt those water quality cri-teria that protect the designated use.Such criteria must be based on soundscientific rationale and must containsufficient parameters or constituentsto protect the designated use. For wa-ters with multiple use designations,the criteria shall support the most sen-sitive use.

(2) Toxic pollutants. States must re-view water quality data and informa-tion on discharges to identify specificwater bodies where toxic pollutantsmay be adversely affecting water qual-

ity or the attainment of the designatedwater use or where the levels of toxicpollutants are at a level to warrantconcern and must adopt criteria forsuch toxic pollutants applicable to thewater body sufficient to protect thedesignated use. Where a State adoptsnarrative criteria for toxic pollutantsto protect designated uses, the Statemust provide information identifyingthe method by which the State intendsto regulate point source discharges oftoxic pollutants on water quality lim-ited segments based on such narrativecriteria. Such information may be in-cluded as part of the standards or maybe included in documents generated bythe State in response to the WaterQuality Planning and ManagementRegulations (40 CFR part 35).

(b) Form of criteria: In establishingcriteria, States should:

(1) Establish numerical values basedon:

(i) 304(a) Guidance; or(ii) 304(a) Guidance modified to re-

flect site-specific conditions; or(iii) Other scientifically defensible

methods;(2) Establish narrative criteria or cri-

teria based upon biomonitoring meth-ods where numerical criteria cannot beestablished or to supplement numericalcriteria.

§ 131.12 Antidegradation policy.

(a) The State shall develop and adopta statewide antidegradation policy andidentify the methods for implementingsuch policy pursuant to this subpart.The antidegradation policy and imple-mentation methods shall, at a mini-mum, be consistent with the following:

(1) Existing instream water uses andthe level of water quality necessary toprotect the existing uses shall be main-tained and protected.

(2) Where the quality of the watersexceed levels necessary to supportpropagation of fish, shellfish, and wild-life and recreation in and on the water,that quality shall be maintained andprotected unless the State finds, afterfull satisfaction of the intergovern-mental coordination and public partici-pation provisions of the State’s con-tinuing planning process, that allowing


720

40 CFR Ch. I (7–1–97 Edition)§ 131.13

lower water quality is necessary to ac-commodate important economic or so-cial development in the area in whichthe waters are located. In allowingsuch degradation or lower water qual-ity, the State shall assure water qual-ity adequate to protect existing usesfully. Further, the State shall assurethat there shall be achieved the high-est statutory and regulatory require-ments for all new and existing pointsources and all cost-effective and rea-sonable best management practices fornonpoint source control.

(3) Where high quality waters con-stitute an outstanding National re-source, such as waters of National andState parks and wildlife refuges andwaters of exceptional recreational orecological significance, that waterquality shall be maintained and pro-tected.

(4) In those cases where potentialwater quality impairment associatedwith a thermal discharge is involved,the antidegradation policy and imple-menting method shall be consistentwith section 316 of the Act.

§ 131.13 General policies.States may, at their discretion, in-

clude in their State standards, policiesgenerally affecting their applicationand implementation, such as mixingzones, low flows and variances. Suchpolicies are subject to EPA review andapproval.

Subpart C—Procedures for Reviewand Revision of Water QualityStandards

§ 131.20 State review and revision ofwater quality standards.

(a) State review. The State shall fromtime to time, but at least once everythree years, hold public hearings forthe purpose of reviewing applicablewater quality standards and, as appro-priate, modifying and adopting stand-ards. Any water body segment withwater quality standards that do not in-clude the uses specified in section101(a)(2) of the Act shall be re-exam-ined every three years to determine ifany new information has become avail-able. If such new information indicatesthat the uses specified in section101(a)(2) of the Act are attainable, the

State shall revise its standards accord-ingly. Procedures States establish foridentifying and reviewing water bodiesfor review should be incorporated intotheir Continuing Planning Process.

(b) Public participation. The Stateshall hold a public hearing for the pur-pose of reviewing water quality stand-ards, in accordance with provisions ofState law, EPA’s water quality man-agement regulation (40 CFR 130.3(b)(6))and public participation regulation (40CFR part 25). The proposed water qual-ity standards revision and supportinganalyses shall be made available to thepublic prior to the hearing.

(c) Submittal to EPA. The State shallsubmit the results of the review, anysupporting analysis for the use attain-ability analysis, the methodologiesused for site-specific criteria develop-ment, any general policies applicableto water quality standards and any re-visions of the standards to the Re-gional Administrator for review andapproval, within 30 days of the finalState action to adopt and certify therevised standard, or if no revisions aremade as a result of the review, within30 days of the completion of the review.

§ 131.21 EPA review and approval ofwater quality standards.

(a) After the State submits its offi-cially adopted revisions, the RegionalAdministrator shall either:

(1) Notify the State within 60 daysthat the revisions are approved, or

(2) Notify the State within 90 daysthat the revisions are disapproved.Such notification of disapproval shallspecify the changes needed to assurecompliance with the requirements ofthe Act and this regulation, and shallexplain why the State standard is notin compliance with such requirements.Any new or revised State standardmust be accompanied by some type ofsupporting analysis.

(b) The Regional Administrator’s ap-proval or disapproval of a State waterquality standard shall be based on therequirements of the Act as described in§§ 131.5 and 131.6, and, with respect toGreat Lakes States or Tribes (as de-fined in 40 CFR 132.2), 40 CFR part 132.


721


(c) A State water quality standardremains in effect, even though dis-approved by EPA, until the State re-vises it or EPA promulgates a rule thatsupersedes the State water qualitystandard.

(d) EPA shall, at least annually, pub-lish in the FEDERAL REGISTER a noticeof approvals under this section.

[48 FR 51405, Nov. 8, 1983, as amended at 60FR 15387, Mar. 23, 1995]

§ 131.22 EPA promulgation of waterquality standards.

(a) If the State does not adopt thechanges specified by the Regional Ad-ministrator within 90 days after notifi-cation of the Regional Administrator’sdisapproval, the Administrator shallpromptly propose and promulgate suchstandard.

(b) The Administrator may also pro-pose and promulgate a regulation, ap-plicable to one or more States, settingforth a new or revised standard upondetermining such a standard is nec-essary to meet the requirements of theAct.

(c) In promulgating water qualitystandards, the Administrator is subjectto the same policies, procedures, analy-ses, and public participation require-ments established for States in theseregulations.

Subpart D—Federally PromulgatedWater Quality Standards

§ 131.31 Arizona.

(a) Article 6, part 2 is amended as fol-lows:

(1) Reg. 6–2–6.11 shall read:

Reg. 6–2–6.11 Nutrient Standards. A. Themean annual total phosphate and mean an-nual total nitrate concentrations of the fol-lowing waters shall not exceed the valuesgiven below nor shall the total phosphate ortotal nitrate concentrations of more than 10percent of the samples in any year exceedthe 90 percent values given below. Unlessotherwise specified, indicated values alsoapply to tributaries to the named waters.

Mean 90 pct annualvalue

Totalphos-

phates asPO4mg/l

Total ni-trates asNO3mg/l

1. Colorado River from Utah bor-der to Willow Beach (main stem) 0.04–0.06 4–7

2. Colorado River from WillowBeach to Parker Dam (mainstem) .......................................... 0.06–0.10 5

3. Colorado River from ParkerDam to Imperial Dam (mainstem) .......................................... 0.08–0.12 5–7

4. Colorado River from ImperialDam to Morelos Dam (mainstem) .......................................... 0.10–0.10 5–7

5. Gila River from New Mexicoborder to San Carlos Reservoir(excluding San Carlos Res-ervoir) ......................................... 0.50–0.80 ..................

6. Gila River from San CarlosReservoir to Ashurst HaydenDam (including San Carlos Res-ervoir). ........................................ 0.30–0.50 ..................

7. San Pedro River ....................... 0.30–0.50 ..................8. Verde River (except Granite

Creek) ........................................ 0.20–0.30 ..................9. Salt River above Roosevelt

Lake ........................................... 0.20–0.30 ..................10. Santa Cruz River from inter-

national boundary near Nogalesto Sahuarita ................................ 0.50–0.80 ..................

11. Little Colorado River aboveLyman Reservoir ........................ 0.30–0.50 ..................

B. The above standards are intended toprotect the beneficial uses of the named wa-ters. Because regulation of nitrates andphosphates alone may not be adequate toprotect waters from eutrophication, no sub-stance shall be added to any surface waterwhich produces aquatic growth to the extentthat such growths create a public nuisanceor interference with beneficial uses of thewater defined and designated in Reg. 6–2–6.5.

(2) Reg. 6–2–6.10 Subparts A and Bare amended to include Reg. 6–2–6.11 inseries with Regs. 6–2–6.6, 6–2–6.7 and 6–2–6.8.

(b) The following waters have, in ad-dition to the uses designated by theState, the designated use of fish con-sumption as defined in R18–11–101(which is available from the ArizonaDepartment of Environmental Quality,Water Quality Division, 3033 NorthCentral Ave., Phoenix, AZ 85012):COLORADO MAIN STEM RIVER

BASIN:Hualapai Wash

MIDDLE GILA RIVER BASIN:


722

40 CFR Ch. I (7–1–97 Edition)§ 131.32

Agua Fria River (Camelback Road toAvondale WWTP)

Galena GulchGila River (Felix Road to the Salt

River)Queen Creek (Headwaters to the Su-

perior WWTP)Queen Creek (Below Potts Canyon)

SAN PEDRO RIVER BASIN:Copper Creek

SANTA CRUZ RIVER BASIN:Agua Caliente WashNogales WashSonoita Creek (Above the town of

Patagonia)Tanque Verde CreekTinaja WashDavidson Canyon

UPPER GILA RIVER BASINChase Creek(c) To implement the requirements of

R18–11–108.A.5 with respect to effects ofmercury on wildlife, EPA (or the Statewith the approval of EPA) shall imple-ment a monitoring program to assessattainment of the water quality stand-ard.

(Sec. 303, Federal Water Pollution ControlAct, as amended, 33 U.S.C. 1313, 86 Stat. 816et seq., Pub. L. 92–500; Clean Water Act, Pub.L. 92–500, as amended; 33 U.S.C. 1251 et seq.)

[41 FR 25000, June 22, 1976; 41 FR 48737, Nov.5, 1976. Redesignated and amended at 42 FR56740, Oct. 28, 1977. Further redesignated andamended at 48 FR 51408, Nov. 8, 1983; 61 FR20693, May 7, 1996]

§ 131.32 Pennsylvania.(a) Antidegradation policy. This

antidegradation policy shall be appli-cable to all waters of the United Stateswithin the Commonwealth of Penn-sylvania, including wetlands.

(1) Existing in-stream uses and thelevel of water quality necessary to pro-tect the existing uses shall be main-tained and protected.

(2) Where the quality of the watersexceeds levels necessary to supportpropagation of fish, shellfish, and wild-life and recreation in and on the water,that quality shall be maintained andprotected unless the Commonwealthfinds, after full satisfaction of theinter-governmental coordination andpublic participation provisions of theCommonwealth’s continuing planningprocess, that allowing lower waterquality is necessary to accommodate

important economic or social develop-ment in the area in which the watersare located. In allowing such degrada-tion or lower water quality, the Com-monwealth shall assure water qualityadequate to protect existing uses fully.Further, the Commonwealth shall as-sure that there shall be achieved thehighest statutory and regulatory re-quirements for all new and existingpoint sources and all cost-effective andreasonable best management practicesfor nonpoint sources.

(3) Where high quality waters areidentified as constituting an outstand-ing National resource, such as watersof National and State parks and wild-life refuges and water of exceptionalrecreational and ecological signifi-cance, that water quality shall bemaintained and protected.

(b) [Reserved]

[61 FR 64822, Dec. 9, 1996]

§§ 131.33–131.34 [Reserved]

§ 131.35 Colville Confederated TribesIndian Reservation.

The water quality standards applica-ble to the waters within the ColvilleIndian Reservation, located in theState of Washington.

(a) Background. (1) It is the purposeof these Federal water quality stand-ards to prescribe minimum water qual-ity requirements for the surface waterslocated within the exterior boundariesof the Colville Indian Reservation toensure compliance with section 303(c)of the Clean Water Act.

(2) The Colville Confederated Tribeshave a primary interest in the protec-tion, control, conservation, and utiliza-tion of the water resources of theColville Indian Reservation. Waterquality standards have been enactedinto tribal law by the Colville BusinessCouncil of the Confederated Tribes ofthe Colville Reservation, as theColville Water Quality Standards Act,CTC Title 33 (Resolution No. 1984–526(August 6, 1984) as amended by Resolu-tion No. 1985–20 (January 18, 1985)).

(b) Territory Covered. The provisionsof these water quality standards shallapply to all surface waters within theexterior boundaries of the Colville In-dian Reservation.


723


(c) Applicability, Administration andAmendment. (1) The water qualitystandards in this section shall be usedby the Regional Administrator for es-tablishing any water quality based Na-tional Pollutant Discharge EliminationSystem Permit (NPDES) for pointsources on the Colville ConfederatedTribes Reservation.

(2) In conjunction with the issuanceof section 402 or section 404 permits,the Regional Administrator may des-ignate mixing zones in the waters ofthe United States on the reservationon a case-by-case basis. The size ofsuch mixing zones and the in-zonewater quality in such mixing zonesshall be consistent with the applicableprocedures and guidelines in EPA’sWater Quality Standards Handbookand the Technical Support Documentfor Water Quality Based Toxics Con-trol.

(3) Amendments to the section at therequest of the Tribe shall proceed inthe following manner.

(i) The requested amendment shallfirst be duly approved by the Confed-erated Tribes of the Colville Reserva-tion (and so certified by the TribesLegal Counsel) and submitted to theRegional Administrator.

(ii) The requested amendment shallbe reviewed by EPA (and by the Stateof Washington, if the action would af-fect a boundary water).

(iii) If deemed in compliance with theClean Water Act, EPA will propose andpromulgate an appropriate change tothis section.

(4) Amendment of this section atEPA’s initiative will follow consulta-tion with the Tribe and other appro-priate entities. Such amendments willthen follow normal EPA rulemakingprocedures.

(5) All other applicable provisions ofthis part 131 shall apply on the ColvilleConfederated Tribes Reservation. Spe-cial attention should be paid to §§ 131.6,131.10, 131.11 and 131.20 for any amend-ment to these standards to be initiatedby the Tribe.

(6) All numeric criteria contained inthis section apply at all in-stream flowrates greater than or equal to the flowrate calculated as the minimum 7-con-secutive day average flow with a recur-rence frequency of once in ten years

(7Q10); narrative criteria (§ 131.35(e)(3))apply regardless of flow. The 7Q10 lowflow shall be calculated using methodsrecommended by the U.S. GeologicalSurvey.

(d) Definitions. (1) Acute toxicitymeans a deleterious response (e.g.,mortality, disorientation, immobiliza-tion) to a stimulus observed in 96 hoursor less.

(2) Background conditions means thebiological, chemical, and physical con-ditions of a water body, upstream fromthe point or non-point source dischargeunder consideration. Background sam-pling location in an enforcement ac-tion will be upstream from the point ofdischarge, but not upstream from otherinflows. If several discharges to anywater body exist, and an enforcementaction is being taken for possible viola-tions to the standards, backgroundsampling will be undertaken imme-diately upstream from each discharge.

(3) Ceremonial and Religious water usemeans activities involving traditionalNative American spiritual practiceswhich involve, among other things, pri-mary (direct) contact with water.

(4) Chronic Toxicity means the lowestconcentration of a constituent causingobservable effects (i.e., consideringlethality, growth, reduced reproduc-tion, etc.) over a relatively long periodof time, usually a 28-day test period forsmall fish test species.

(5) Council or Tribal Council meansthe Colville Business Council of theColville Confederated Tribes.

(6) Geometric mean means the nth rootof a product of n factors.

(7) Mean retention time means thetime obtained by dividing a reservoir’smean annual minimum total storageby the non-zero 30-day, ten-year low-flow from the reservoir.

(8) Mixing Zone or dilution zone meansa limited area or volume of waterwhere initial dilution of a dischargetakes place; and where numeric waterquality criteria can be exceeded butacutely toxic conditions are preventedfrom occurring.

(9) pH means the negative logarithmof the hydrogen ion concentration.

(10) Primary contact recreation meansactivities where a person would havedirect contact with water to the pointof complete submergence, including


724

40 CFR Ch. I (7–1–97 Edition)§ 131.35

but not limited to skin diving, swim-ming, and water skiing.

(11) Regional Administrator means theAdministrator of EPA’s Region X.

(12) Reservation means all land withinthe limits of the Colville Indian Res-ervation, established on July 2, 1872 byExecutive Order, presently containing1,389,000 acres more or less, and underthe jurisdiction of the United Statesgovernment, notwithstanding the issu-ance of any patent, and includingrights-of-way running through the res-ervation.

(13) Secondary contact recreationmeans activities where a person’swater contact would be limited to theextent that bacterial infections of eyes,ears, respiratory, or digestive systemsor urogenital areas would normally beavoided (such as wading or fishing).

(14) Surface water means all waterabove the surface of the ground withinthe exterior boundaries of the ColvilleIndian Reservation including but notlimited to lakes, ponds, reservoirs, ar-tificial impoundments, streams, rivers,springs, seeps and wetlands.

(15) Temperature means water tem-perature expressed in Centigrade de-grees (C).

(16) Total dissolved solids (TDS) meansthe total filterable residue that passesthrough a standard glass fiber filterdisk and remains after evaporation anddrying to a constant weight at 180 de-grees C. it is considered to be a meas-ure of the dissolved salt content of thewater.

(17)Toxicity means acute and/orchronic toxicity.

(18) Tribe or Tribes means the ColvilleConfederated Tribes.

(19) Turbidity means the clarity ofwater expressed as nephelometric tur-bidity units (NTU) and measured witha calibrated turbidimeter.

(20) Wildlife habitat means the watersand surrounding land areas of the Res-ervation used by fish, other aquatic lifeand wildlife at any stage of their lifehistory or activity.

(e) General considerations. The follow-ing general guidelines shall apply tothe water quality standards and classi-fications set forth in the use designa-tion Sections.

(1) Classification boundaries. At theboundary between waters of different

classifications, the water qualitystandards for the higher classificationshall prevail.

(2) Antidegradation policy. Thisantidegradation policy shall be appli-cable to all surface waters of the Res-ervation.

(i) Existing in-stream water uses andthe level of water quality necessary toprotect the existing uses shall be main-tained and protected.

(ii) Where the quality of the watersexceeds levels necessary to supportpropagation of fish, shellfish, and wild-life and recreation in and on the water,that quality shall be maintained andprotected unless the Regional Adminis-trator finds, after full satisfaction ofthe inter-governmental coordinationand public participation provisions ofthe Tribes’ continuing planning proc-ess, that allowing lower water qualityis necessary to accommodate impor-tant economic or social development inthe area in which the waters are lo-cated. In allowing such degradation orlower water quality, the Regional Ad-ministrator shall assure water qualityadequate to protect existing uses fully.Further, the Regional Administratorshall assure that there shall beachieved the highest statutory and reg-ulatory requirements for all new andexisting point sources and all cost-ef-fective and reasonable best manage-ment practices for nonpoint sourcecontrol.

(iii) Where high quality waters areidentified as constituting an outstand-ing national or reservation resource,such as waters within areas designatedas unique water quality managementareas and waters otherwise of excep-tional recreational or ecological sig-nificance, and are designated as specialresource waters, that water qualityshall be maintained and protected.

(iv) In those cases where potentialwater quality impairment associatedwith a thermal discharge is involved,this antidegradation policy’s imple-menting method shall be consistentwith section 316 of the Clean WaterAct.

(3) Aesthetic qualities. All waters with-in the Reservation, including thosewithin mixing zones, shall be free fromsubstances, attributable to wastewater


725


discharges or other pollutant sources,that:

(i) Settle to form objectionable de-posits;

(ii) Float as debris, scum, oil, orother matter forming nuisances;

(iii) Produce objectionable color,odor, taste, or turbidity;

(iv) Cause injury to, are toxic to, orproduce adverse physiological re-sponses in humans, animals, or plants;or

(v) produce undesirable or nuisanceaquatic life.

(4) Analytical methods. (i) The analyt-ical testing methods used to measureor otherwise evaluate compliance withwater quality standards shall to the ex-tent practicable, be in accordance withthe ‘‘Guidelines Establishing Test Pro-cedures for the Analysis of Pollutants’’(40 CFR part 136). When a testing meth-od is not available for a particular sub-stance, the most recent edition of‘‘Standard Methods for the Examina-tion of Water and Wastewater’’ (pub-lished by the American Public HealthAssociation, American Water WorksAssociation, and the Water PollutionControl Federation) and other or super-seding methods published and/or ap-proved by EPA shall be used.

(f) General water use and criteria class-es. The following criteria shall apply tothe various classes of surface waters onthe Colville Indian Reservation:

(1) Class I (Extraordinary)—(i) Des-ignated uses. The designated uses in-clude, but are not limited to, the fol-lowing:

(A) Water supply (domestic, indus-trial, agricultural).

(B) Stock watering.(C) Fish and shellfish: Salmonid mi-

gration, rearing, spawning, and har-vesting; other fish migration, rearing,spawning, and harvesting.

(D) Wildlife habitat.(E) Ceremonial and religious water

use.(F) Recreation (primary contact

recreation, sport fishing, boating andaesthetic enjoyment).

(G) Commerce and navigation.(ii) Water quality criteria. (A) Bac-

teriological Criteria. The geometricmean of the enterococci bacteria den-sities in samples taken over a 30 dayperiod shall not exceed 8 per 100 milli-

liters, nor shall any single sample ex-ceed an enterococci density of 35 per100 milliliters. These limits are cal-culated as the geometric mean of thecollected samples approximately equal-ly spaced over a thirty day period.

(B) Dissolved oxygen—The dissolvedoxygen shall exceed 9.5 mg/l.

(C) Total dissolved gas—concentra-tions shall not exceed 110 percent ofthe saturation value for gases at theexisting atmospheric and hydrostaticpressures at any point of sample collec-tion.

(D) Temperature—shall not exceed16.0 degrees C due to human activities.Temperature increases shall not, atany time, exceed t=23/(T+5).

(1) When natural conditions exceed16.0 degrees C, no temperature increasewill be allowed which will raise the re-ceiving water by greater than 0.3 de-grees C.

(2) For purposes hereof, ‘‘t’’ rep-resents the permissive temperaturechange across the dilution zone; and‘‘T’’ represents the highest existingtemperature in this water classifica-tion outside of any dilution zone.

(3) Provided that temperature in-crease resulting from nonpoint sourceactivities shall not exceed 2.8 degreesC, and the maximum water tempera-ture shall not exceed 10.3 degrees C.

(E) pH shall be within the range of 6.5to 8.5 with a human-caused variation ofless than 0.2 units.

(F) Turbidity shall not exceed 5 NTUover background turbidity when thebackground turbidity is 50 NTU or less,or have more than a 10 percent increasein turbidity when the background tur-bidity is more than 50 NTU.

(G) Toxic, radioactive, nonconven-tional, or deleterious material con-centrations shall be less than those ofpublic health significance, or whichmay cause acute or chronic toxic con-ditions to the aquatic biota, or whichmay adversely affect designated wateruses.

(2) Class II (Excellent)—(i) Designateduses. The designated uses include butare not limited to, the following:


(B) Stock watering.


726

40 CFR Ch. I (7–1–97 Edition)§ 131.35

(C) Fish and shellfish: Salmonid mi-gration, rearing, spawning, and har-vesting; other fish migration, rearing,spawning, and harvesting; crayfishrearing, spawning, and harvesting.

(D) Wildlife habitat.(E) Ceremonial and religious water

use.(F) Recreation (primary contact



teriological Criteria—The geometricmean of the enterococci bacteria den-sities in samples taken over a 30 dayperiod shall not exceed 16/100 ml, norshall any single sample exceed anenterococci density of 75 per 100 milli-liters. These limits are calculated asthe geometric mean of the collectedsamples approximately equally spacedover a thirty day period.

(B) Dissolved oxygen—The dissolvedoxygen shall exceed 8.0 mg/l.

(C) Total dissolved gas—concentra-tions shall not exceed 110 percent ofthe saturation value for gases at theexisting atmospheric and hydrostaticpressures at any point of sample collec-tion.

(D) Temperature-shall not exceed 18.0degrees C due to human activities.Temperature increases shall not, atany time, exceed t=28/(T+7).

(1) When natural conditions exceed 18degrees C no temperature increase willbe allowed which will raise the receiv-ing water temperature by greater than0.3 degrees C.


(3) Provided that temperature in-crease resulting from non-point sourceactivities shall not exceed 2.8 degreesC, and the maximum water tempera-ture shall not exceed 18.3 degrees C.


(F) Turbidity shall not exceed 5 NTUover background turbidity when thebackground turbidity is 50 NTU or less,or have more than a 10 percent increase

in turbidity when the background tur-bidity is more than 50 NTU.

(G) Toxic, radioactive, nonconven-tional, or deleterious material con-centrations shall be less than those ofpublic health significance, or whichmay cause acute or chronic toxic con-ditions to the aquatic biota, or whichmay adversely affect designated wateruses.

(3) Class III (Good)—(i) Designateduses. The designated uses include butare not limited to, the following:

(A) Water supply (industrial, agricul-tural).


gration, rearing, spawning, and har-vesting; other fish migration, rearing,spawning, and harvesting; crayfishrearing, spawning, and harvesting.

(D) Wildlife habitat.(E) Recreation (secondary contact


(F) Commerce and navigation.(ii) Water quality criteria. (A) Bac-

teriological Criteria—The geometricmean of the enterococci bacteria den-sities in samples taken over a 30 dayperiod shall not exceed 33/100 ml, norshall any single sample exceed anenterococci density of 150 per 100 milli-liters. These limits are calculated asthe geometric mean of the collectedsamples approximately equally spacedover a thirty day period.

(B) Dissolved oxygen.

Early lifestages 1,2

Otherlife

stages

7 day mean ............................................ 9.5 (6.5) 3 NA1 day minimum 4 .................................... 8.0 (5.0) 6.5

1 These are water column concentrations recommended toachieve the required intergravel dissolved oxygen concentra-tions shown in parentheses. The 3 mg/L differential is dis-cussed in the dissolved oxygen criteria document (EPA 440/5–86–003, April 1986). For species that have early life stagesexposed directly to the water column, the figures in paren-theses apply.

2 Includes all embryonic and larval stages and all juvenileforms to 30-days following hatching.

3 NA (not applicable)4 All minima should be considered as instantaneous con-

centrations to be achieved at all times.

(C) Total dissolved gas concentra-tions shall not exceed 110 percent ofthe saturation value for gases at theexisting atmospheric and hydrostaticpressures at any point of sample collec-tion.


727


(D) Temperature shall not exceed 21.0degrees C due to human activities.Temperature increases shall not, atany time, exceed t=34/(T+9).

(1) When natural conditions exceed21.0 degrees C no temperature increasewill be allowed which will raise the re-ceiving water temperature by greaterthan 0.3 degrees C.


(3) Provided that temperature in-crease resulting from nonpoint sourceactivities shall not exceed 2.8 degreesC, and the maximum water tempera-ture shall not exceed 21.3 degrees C.


(F) Turbidity shall not exceed 10 NTUover background turbidity when thebackground turbidity is 50 NTU or less,or have more than a 20 percent increasein turbidity when the background tur-bidity is more than 50 NTU.

(G) Toxic, radioactive, noncon-ventional, or deleterious material con-centrations shall be less than those ofpublic health significance, or whichmay cause acute or chronic toxic con-ditions to the aquatic biota, or whichmay adversely affect designated wateruses.

(4) Class IV (Fair)—(i) Designated uses.The designated uses include but are notlimited to, the following:

(A) Water supply (industrial).(B) Stock watering.(C) Fish (salmonid and other fish mi-

gration).(D) Recreation (secondary contact


(E) Commerce and navigation.(ii) Water quality criteria. (A) Dis-

solved oxygen.

During peri-ods of

salmonidand otherfish migra-

tion

During allother

time peri-ods

30 day mean .................................. 6.5 5.57 day mean .................................... 1 NA 1 NA7 day mean minimum .................... 5.0 4.0

During peri-ods of

salmonidand otherfish migra-

tion

During allother

time peri-ods

1 day minimum 2 ............................ 4.0 3.0

1 NA (not applicable).2 All minima should be considered as instantaneous con-

centrations to be achieved at all times.

(B) Total dissolved gas—concentra-tions shall not exceed 110 percent ofthe saturation value for gases at theexisting atmospheric and hydrostaticpressures at any point of sample collec-tion.

(C) Temperature shall not exceed 22.0degrees C due to human activities.Temperature increases shall not, atany time, exceed t=20/(T+2).

(1) When natural conditions exceed22.0 degrees C, no temperature increasewill be allowed which will raise the re-ceiving water temperature by greaterthan 0.3 degrees C.


(D) pH shall be within the range of 6.5to 9.0 with a human-caused variation ofless than 0.5 units.

(E) Turbidity shall not exceed 10 NTUover background turbidity when thebackground turbidity is 50 NTU or less,or have more than a 20 percent increasein turbidity when the background tur-bidity is more than 50 NTU.

(F) Toxic, radioactive, noncon-ventional, or deleterious material con-centrations shall be less than those ofpublic health significance, or whichmay cause acute or chronic toxic con-ditions to the aquatic biota, or whichmay adversely affect designated wateruses.

(5) Lake Class—(i) Designated uses.The designated uses include but are notlimited to, the following:



gration, rearing, spawning, and har-vesting; other fish migration, rearing,spawning, and harvesting; crayfishrearing, spawning, and harvesting.

(D) Wildlife habitat.


728

40 CFR Ch. I (7–1–97 Edition)§ 131.35

(E) Ceremonial and religious wateruse.

(F) Recreation (primary contactrecreation, sport fishing, boating andaesthetic enjoyment).


teriological Criteria. The geometricmean of the enterococci bacteria den-sities in samples taken over a 30 dayperiod shall not exceed 33/100 ml, norshall any single sample exceed anenterococci density of 150 per 100 milli-liters. These limits are calculated asthe geometric mean of the collectedsamples approximately equally spacedover a thirty day period.

(B) Dissolved oxygen—no measurabledecrease from natural conditions.

(C) Total dissolved gas concentra-tions shall not exceed 110 percent ofthe saturation value for gases at theexisting atmospheric and hydrostaticpressures at any point of sample collec-tion.

(D) Temperature—no measurablechange from natural conditions.

(E) pH—no measurable change fromnatural conditions.

(F) Turbidity shall not exceed 5 NTUover natural conditions.

(G) Toxic, radioactive, noncon-ventional, or deleterious material con-centrations shall be less than thosewhich may affect public health, thenatural aquatic environment, or thedesirability of the water for any use.

(6) Special Resource Water Class(SRW)—(i) General characteristics. Theseare fresh or saline waters which com-prise a special and unique resource tothe Reservation. Water quality of thisclass will be varied and unique as de-termined by the Regional Adminis-trator in cooperation with the Tribes.

(ii) Designated uses. The designateduses include, but are not limited to,the following:

(A) Wildlife habitat.(B) Natural foodchain maintenance.(iii) Water quality criteria.(A) Enterococci bacteria densities

shall not exceed natural conditions.(B) Dissolved oxygen—shall not show

any measurable decrease from naturalconditions.

(C) Total dissolved gas shall not varyfrom natural conditions.

(D) Temperature—shall not show anymeasurable change from natural condi-tions.

(E) pH shall not show any measurablechange from natural conditions.

(F) Settleable solids shall not showany change from natural conditions.

(G) Turbidity shall not exceed 5 NTUover natural conditions.

(H) Toxic, radioactive, or deleteriousmaterial concentrations shall not ex-ceed those found under natural condi-tions.

(g) General Classifications. Generalclassifications applying to various sur-face waterbodies not specifically classi-fied under § 131.35(h) are as follows:

(1) All surface waters that are tribu-taries to Class I waters are classifiedClass I, unless otherwise classified.

(2) Except for those specifically clas-sified otherwise, all lakes with existingaverage concentrations less than 2000mg/L TDS and their feeder streams onthe Colville Indian Reservation areclassified as Lake Class and Class I, re-spectively.

(3) All lakes on the Colville IndianReservation with existing average con-centrations of TDS equal to or exceed-ing 2000 mg/L and their feeder streamsare classified as Lake Class and Class Irespectively unless specifically classi-fied otherwise.

(4) All reservoirs with a mean deten-tion time of greater than 15 days areclassified Lake Class.

(5) All reservoirs with a mean deten-tion time of 15 days or less are classi-fied the same as the river section inwhich they are located.

(6) All reservoirs established on pre-existing lakes are classified as LakeClass.

(7) All wetlands are assigned to theSpecial Resource Water Class.

(8) All other waters not specificallyassigned to a classification of the res-ervation are classified as Class II.

(h) Specific Classifications. Specificclassifications for surface waters of theColville Indian Reservation are as fol-lows:(1) Streams:

Alice Creek ................................ Class IIIAnderson Creek ......................... Class IIIArmstrong Creek ....................... Class IIIBarnaby Creek ........................... Class IIBear Creek ................................ Class IIIBeaver Dam Creek .................... Class II


729


Bridge Creek .............................. Class IIBrush Creek ............................... Class IIIBuckhorn Creek ......................... Class IIICache Creek .............................. Class IIICanteen Creek .......................... Class ICapoose Creek .......................... Class IIICobbs Creek .............................. Class IIIColumbia River from Chief Jo-

seph Dam to Wells Dam.Columbia River from northern

Reservation boundary toGrand Coulee Dam (Roo-sevelt Lake).

Columbia River from GrandCoulee Dam to Chief JosephDam.

Cook Creek ................................ Class ICooper Creek ............................ Class IIICornstalk Creek ......................... Class IIICougar Creek ............................ Class ICoyote Creek ............................. Class IIDeerhorn Creek ......................... Class IIIDick Creek ................................. Class IIIDry Creek .................................. Class IEmpire Creek ............................. Class IIIFaye Creek ................................ Class IForty Mile Creek ........................ Class IIIGibson Creek ............................. Class IGold Creek ................................ Class IIGranite Creek ............................ Class IIGrizzly Creek ............................. Class IIIHaley Creek ............................... Class IIIHall Creek .................................. Class IIHall Creek, West Fork ............... Class IIron Creek .................................. Class IIIJack Creek ................................. Class IIIJerred Creek .............................. Class IJoe Moses Creek ...................... Class IIIJohn Tom Creek ........................ Class IIIJones Creek .............................. Class IKartar Creek .............................. Class IIIKincaid Creek ............................ Class IIIKing Creek ................................. Class IIIKlondyke Creek ......................... Class ILime Creek ................................ Class IIILittle Jim Creek .......................... Class IIILittle Nespelem .......................... Class IILouie Creek ............................... Class IIILynx Creek ................................ Class IIManila Creek ............................. Class IIIMcAllister Creek ........................ Class IIIMeadow Creek .......................... Class IIIMill Creek ................................... Class IIMission Creek ............................ Class IIINespelem River ......................... Class IINez Perce Creek ....................... Class IIINine Mile Creek ......................... Class IINineteen Mile Creek .................. Class IIINo Name Creek ......................... Class IINorth Nanamkin Creek .............. Class IIINorth Star Creek ....................... Class IIIOkanogan River from Reserva-

tion north boundary to Colum-bia River.

Class II

Olds Creek ................................. Class IOmak Creek .............................. Class IIOnion Creek .............................. Class IIParmenter Creek ....................... Class IIIPeel Creek ................................. Class IIIPeter Dan Creek ........................ Class IIIRock Creek ................................ Class ISan Poil River ............................ Class I

Sanpoil, River West Fork .......... Class IISeventeen Mile Creek ............... Class IIISilver Creek ............................... Class IIISitdown Creek ........................... Class IIISix Mile Creek ........................... Class IIISouth Nanamkin Creek ............. Class IIISpring Creek .............................. Class IIIStapaloop Creek ........................ Class IIIStepstone Creek ........................ Class IIIStranger Creek .......................... Class IIStrawberry Creek ....................... Class IIISwimptkin Creek ........................ Class IIIThree Forks Creek .................... Class IThree Mile Creek ....................... Class IIIThirteen Mile Creek ................... Class IIThirty Mile Creek ....................... Class IITrail Creek ................................. Class IIITwentyfive Mile Creek ............... Class IIITwentyone Mile Creek ............... Class IIITwentythree Mile Creek ............ Class IIIWannacot Creek ........................ Class IIIWells Creek ............................... Class IWhitelaw Creek ......................... Class IIIWilmont Creek ........................... Class II

(2) Lakes:Apex Lake .................................. LCBig Goose Lake ......................... LCBourgeau Lake .......................... LCBuffalo Lake ............................... LCCody Lake ................................. LCCrawfish Lakes .......................... LCCamille Lake .............................. LCElbow Lake ................................ LCFish Lake ................................... LCGold Lake .................................. LCGreat Western Lake .................. LCJohnson Lake ............................ LCLaFleur Lake .............................. LCLittle Goose Lake ...................... LCLittle Owhi Lake ......................... LCMcGinnis Lake ........................... LCNicholas Lake ............................ LCOmak Lake ................................ SRWOwhi Lake .................................. SRWPenley Lake ............................... SRWRebecca Lake ............................ LCRound Lake ............................... LCSimpson Lake ............................ LCSoap Lake ................................. LCSugar Lake ................................ LCSummit Lake .............................. LCTwin Lakes ................................ SRW

[54 FR 28625, July 6, 1989]

§ 131.36 Toxics criteria for those statesnot complying with Clean WaterAct section 303(c)(2)(B).

(a) Scope. This section is not a gen-eral promulgation of the section 304(a)criteria for priority toxic pollutantsbut is restricted to specific pollutantsin specific States.

(b)(1) EPA’s Section 304(a) Criteria forPriority Toxic Pollutants.


730

40 CFR Ch. I (7–1–97 Edition)§ 131.36


731



732

40 CFR Ch. I (7–1–97 Edition)§ 131.36


733



734

40 CFR Ch. I (7–1–97 Edition)§ 131.36


735


Footnotes:a. Criteria revised to reflect current agen-

cy q1* or RfD, as contained in the IntegratedRisk Information System (IRIS). The fishtissue bioconcentration factor (BCF) fromthe 1980 criteria documents was retained inall cases.

b. The criteria refers to the inorganic formonly.

c. Criteria in the matrix based on carcino-genicity (10¥6 risk). For a risk level of 10¥5,move the decimal point in the matrix valueone place to the right.

d. Criteria Maximum Concentration (CMC)= the highest concentration of a pollutant towhich aquatic life can be exposed for a shortperiod of time (1-hour average) without dele-terious effects. Criteria Continuous Con-centration (CCC) = the highest concentrationof a pollutant to which aquatic life can beexposed for an extended period of time (4days) without deleterious effects. ug/L =micrograms per liter

e. Freshwater aquatic life criteria for thesemetals are expressed as a function of totalhardness (mg/L as CaC03), the pollutant’swater effect ratio (WER) as defined in§ 131.36(c) and multiplied by an appropriatedissolved conversion factor as defined in§ 131.36(b)(2). For comparative purposes, thevalues displayed in this matrix are shown asdissolved metal and correspond to a totalhardness of 100 mg/L and a water effect ratioof 1.0.

f. Freshwater aquatic life criteria forpentachlorophenol are expressed as a func-tion of pH, and are calculated as follows.Values displayed above in the matrix cor-respond to a pH of 7.8.CMC = exp(1.005(pH) ¥ 4.830) CCC =

exp(1.005(pH) ¥ 5.290)g. Aquatic life criteria for these com-

pounds were issued in 1980 utilizing the 1980Guidelines for criteria development. Theacute values shown are final acute values(FAV) which by the 1980 Guidelines are in-stantaneous values as contrasted with a CMCwhich is a one-hour average.

h. These totals simply sum the criteria ineach column. For aquatic life, there are 30priority toxic pollutants with some type offreshwater or saltwater, acute or chronic cri-teria. For human health, there are 91 prior-ity toxic pollutants with either ‘‘water +fish’’ or ‘‘fish only’’ criteria. Note that thesetotals count chromium as one pollutant eventhough EPA has developed criteria based ontwo valence states. In the matrix, EPA hasassigned numbers 5a and 5b to the criteriafor chromium to reflect the fact that the listof 126 priority toxic pollutants includes onlya single listing for chromium.

i. If the CCC for total mercury exceeds0.012 ug/L more than once in a 3-year periodin the ambient water, the edible portion ofaquatic species of concern must be analyzed

to determine whether the concentration ofmethyl mercury exceeds the FDA actionlevel (1.0 mg/kg). If the FDA action level isexceeded, the State must notify the appro-priate EPA Regional Administrator, initiatea revision of its mercury criterion in itswater quality standards so as to protect des-ignated uses, and take other appropriate ac-tion such as issuance of a fish consumptionadvisory for the affected area.

j. No criteria for protection of humanhealth from consumption of aquatic orga-nisms (excluding water) was presented in the1980 criteria document or in the 1986 QualityCriteria for Water. Nevertheless, sufficientinformation was presented in the 1980 docu-ment to allow a calculation of a criterion,even though the results of such a calculationwere not shown in the document.

k. The criterion for asbestos is the MCL (56FR 3526, January 30, 1991).

l. [Reserved: this letter not used as a foot-note].

m. Criteria for these metals are expressedas a function of the water effect ratio, WER,as defined in 40 CFR 131.36(c).CMC = column B1 or C1 value × WERCCC = column B2 or C2 value × WER

n. EPA is not promulgating human healthcriteria for this contaminant. However, per-mit authorities should address this contami-nant in NPDES permit actions using theState’s existing narrative criteria for toxics.

o. [Reserved: This letter not used as a foot-note].

p. Criterion expressed as total recoverable.General Notes:1. This chart lists all of EPA’s priority

toxic pollutants whether or not criteria rec-ommendations are available. Blank spacesindicate the absence of criteria recommenda-tions. Because of variations in chemical no-menclature systems, this listing of toxic pol-lutants does not duplicate the listing in Ap-pendix A of 40 CFR Part 423. EPA has addedthe Chemical Abstracts Service (CAS) reg-istry numbers, which provide a unique iden-tification for each chemical.

2. The following chemicals have organ-oleptic based criteria recommendations thatare not included on this chart (for reasonswhich are discussed in the preamble): copper,zinc, chlorobenzene, 2-chlorophenol, 2,4-dichlorophenol, acenaphthene, 2,4-dimethylphenol, 3-methyl-4-chlorophenol,hexachlorocyclopentadiene,pentachlorophenol, phenol

3. For purposes of this rulemaking, fresh-water criteria and saltwater criteria apply asspecified in 40 CFR 131.36(c).

Note to paragraph (b)(1): On April 14, 1995,the Environmental Protection Agency issueda stay of certain criteria in paragraph (b)(1)of this section as follows: the criteria in col-umns B and C for arsenic, cadmium, chro-mium (VI), copper, lead, nickel, silver, and


736

40 CFR Ch. I (7–1–97 Edition)§ 131.36

zinc; the criteria in B1 and C1 for mercury;the criteria in column B for chromium (III);and the criteria in column C for selenium.The stay remains in effect until further no-tice.

(2) Factors for Calculating Hardness-Dependent, Freshwater Metals Criteria

CMC=WER exp {mA[ln(hardness)]+bA} xAcute Conversion Factor

CCC=WER exp {mC[ln(hardness)]+bC} xChronic Conversion Factor

Final CMC and CCC values should berounded to two significant figures.

Metal mA bA mC bC

Freshwater conversionfactors

Acute Chronic

Cadmium ............................................... 1.128 –3.828 0.7852 –3.490 a 0.944 a 0.909

Chromium (III) ........................................ 0.8190 3.688 0.8190 1.561 0.316 0.860Copper ................................................... 0.9422 –1.464 0.8545 –1.465 0.960 0.960Lead ....................................................... 1.273 -1.460 1.273 –4.705 a 0.791 a 0.791Nickel ..................................................... 0.8460 3.3612 0.8460 1.1645 0.998 0.997Silver ...................................................... 1.72 –6.52 b N/A b N/A 0.85 bN/AZinc ........................................................ 0.8473 0.8604 0.8473 0.7614 0.978 0.986

Note to table: The term ‘‘exp’’ represents the base e exponential function.Footnotes to table:a The freshwater conversion factors (CF) for cadmium and lead are hardness-dependent and can be calculated for any hard-

ness [see limitations in § 131.36(c)(4)] using the following equations:CadmiumAcute: CF=1.136672—[(ln hardness)(0.041838)]Chronic: CF=1.101672—[(ln hardness)(0.041838)]Lead (Acute and Chronic): CF = 1.46203—[(ln hardness)(0.145712)]b No chronic criteria are available for silver.

(c) Applicability. (1) The criteria inparagraph (b) of this section apply tothe States’ designated uses cited inparagraph (d) of this section and super-sede any criteria adopted by the State,except when State regulations containcriteria which are more stringent for aparticular use in which case the State’scriteria will continue to apply.

(2) The criteria established in thissection are subject to the State’s gen-eral rules of applicability in the sameway and to the same extent as are theother numeric toxics criteria when ap-plied to the same use classifications in-cluding mixing zones, and low flow val-ues below which numeric standards canbe exceeded in flowing fresh waters.

(i) For all waters with mixing zoneregulations or implementation proce-dures, the criteria apply at the appro-priate locations within or at theboundary of the mixing zones; other-wise the criteria apply throughout thewaterbody including at the end of anydischarge pipe, canal or other dis-charge point.

(ii) A State shall not use a low flowvalue below which numeric standardscan be exceeded that is less stringentthan the following for waters suitablefor the establishment of low flow re-

turn frequencies (i.e., streams and riv-ers):

AQUATIC LIFE

Acute criteria (CMC) 1 Q 10 or 1 B 3Chronic criteria

(CCC)7 Q 10 or 4 B 3

HUMAN HEALTH

Non-carcinogens 30 Q 5Carcinogens Harmonic mean flow

Where:

CMC—criteria maximum concentration—the water quality criteria to protect againstacute effects in aquatic life and is the high-est instream concentration of a prioritytoxic pollutant consisting of a one-hour av-erage not to be exceeded more than onceevery three years on the average;

CCC—criteria continuous concentration—the water quality criteria to protect againstchronic effects in aquatic life is the highestinstream concentration of a priority toxicpollutant consisting of a 4-day average notto be exceeded more than once every threeyears on the average;

1 Q 10 is the lowest one day flow with anaverage recurrence frequency of once in 10years determined hydrologically;

1 B 3 is biologically based and indicates anallowable exceedence of once every 3 years.It is determined by EPA’s computerizedmethod (DFLOW model);


737


7 Q 10 is the lowest average 7 consecutiveday low flow with an average recurrence fre-quency of once in 10 years determinedhydrologically;

4 B 3 is biologically based and indicates anallowable exceedence for 4 consecutive daysonce every 3 years. It is determined by EPA’scomputerized method (DFLOW model);

30 Q 5 is the lowest average 30 consecutiveday low flow with an average recurrence fre-quency of once in 5 years determinedhydrologically; and the harmonic mean flowis a long term mean flow value calculated bydividing the number of daily flows analyzedby the sum of the reciprocals of those dailyflows.

(iii) If a State does not have such alow flow value for numeric standardscompliance, then none shall apply andthe criteria included in paragraph (d)of this section herein apply at allflows.

(3) The aquatic life criteria in thematrix in paragraph (b) of this sectionapply as follows:

(i) For waters in which the salinity isequal to or less than 1 part per thou-sand 95% or more of the time, the ap-plicable criteria are the freshwater cri-teria in Column B;

(ii) For waters in which the salinityis equal to or greater than 10 parts perthousand 95% or more of the time, theapplicable criteria are the saltwatercriteria in Column C; and

(iii) For waters in which the salinityis between 1 and 10 parts per thousandas defined in paragraphs (c)(3) (i) and(ii) of this section, the applicable cri-teria are the more stringent of thefreshwater or saltwater criteria. How-ever, the Regional Administrator mayapprove the use of the alternativefreshwater or saltwater criteria if sci-entifically defensible information anddata demonstrate that on a site-spe-cific basis the biology of the waterbodyis dominated by freshwater aquatic lifeand that freshwater criteria are moreappropriate; or conversely, the biologyof the waterbody is dominated by salt-water aquatic life and that saltwatercriteria are more appropriate.

(4) Application of metals criteria. (i)For purposes of calculating freshwateraquatic life criteria for metals fromthe equations in paragraph (b)(2) ofthis section, the minimum hardness al-lowed for use in those equations shallnot be less than 25 mg/l, as calciumcarbonate, even if the actual ambient

hardness is less than 25 mg/l as calciumcarbonate. The maximum hardnessvalue for use in those equations shallnot exceed 400 mg/l as calcium carbon-ate, even if the actual ambient hard-ness is greater than 400 mg/l as calciumcarbonate. The same provisions applyfor calculating the metals criteria forthe comparisons provided for in para-graph (c)(3)(iii) of this section.

(ii) The hardness values used shall beconsistent with the design dischargeconditions established in paragraph(c)(2) of this section for flows and mix-ing zones.

(iii) Except where otherwise noted,the criteria for metals (compounds #2,#4–# 11, and #13, in paragraph (b) of thissection) are expressed as dissolvedmetal. For purposes of calculatingaquatic life criteria for metals fromthe equations in footnote m. in the cri-teria matrix in paragraph (b)(1) of thissection and the equations in para-graphs (b)(2) of this section, the water-effect ratio is computed as a specificpollutant’s acute or chronic toxicityvalues measured in water from the sitecovered by the standard, divided by therespective acute or chronic toxicityvalue in laboratory dilution water.

(d) Criteria for Specific Jurisdictions—(1) Rhode Island, EPA Region 1. (i) Allwaters assigned to the following useclassifications in the Water QualityRegulations for Water Pollution Con-trol adopted under Chapters 46–12, 42–17.1, and 42–35 of the General Laws ofRhode Island are subject to the criteriain paragraph (d)(1)(ii) of this section,without exception:

6.21 Freshwater 6.22 Saltwater:Class A .................... Class SAClass B .................... Class SBClass C .................... Class SC

(ii) The following criteria from thematrix in paragraph (b)(1) of this sec-tion apply to the use classificationsidentified in paragraph (d)(1)(i) of thissection:

Use classification Applicable criteria

Class AClass B waters where

water supply use isdesignated

These classificationsare assigned thecriteria in:

Column D1—all


738

40 CFR Ch. I (7–1–97 Edition)§ 131.36


Class B waters wherewater supply use isnot designated;

Class C;Class SA;Class SB;Class SC Each of these classi-

fications is as-signed the criteriain:

Column D2—all

(iii) The human health criteria shallbe applied at the 10-5 risk level, consist-ent with the State policy. To deter-mine appropriate value for carcino-gens, see footnote c in the criteria ma-trix in paragraph (b)(1) of this section.

(2) Vermont, EPA Region 1. (i) All wa-ters assigned to the following use clas-sifications in the Vermont Water Qual-ity Standards adopted under the au-thority of the Vermont Water Pollu-tion Control Act (10 V.S.A., Chapter 47)are subject to the criteria in paragraph(d)(2)(ii) of this section, without excep-tion:

Class AClass BClass C



Class AClass B waters where

water supply use isdesignated

This classification isassigned the cri-teria in:

Column B1—allColumn B2—allColumn D1—all

Class B waters wherewater supply use isnot designated

Class C These classificationsare assigned thecriteria in:

Column B1—allColumn B2—allColumn D2—all

(iii) The human health criteria shallbe applied at the State-proposed 10-6

risk level.(3) New Jersey, EPA Region 2. (i) All

waters assigned to the following use

classifications in the New Jersey Ad-ministrative Code (N.J.A.C.) 7:9–4.1 etseq., Surface Water Quality Standards,are subject to the criteria in paragraph(d)(3)(ii) of this section, without excep-tion.

N.J.A.C. 7:9–4.12(b): Class PLN.J.A.C. 7:9–4.12(c): Class FW2N.J.A.C. 7:9–4.12(d): Class SE1N.J.A.C. 7:9–4.12(e): Class SE2N.J.A.C. 7:9–4.12(f): Class SE3N.J.A.C. 7:9–4.12(g): Class SCN.J.A.C. 7:9–4.13(a): Delaware River Zones 1C,

1D, and 1EN.J.A.C. 7:9–4.13(b): Delaware River Zone 2N.J.A.C. 7:9–4.13(c): Delaware River Zone 3N.J.A.C. 7:9–4.13(d): Delaware River Zone 4N.J.A.C. 7:9–4.13(e): Delaware River Zone 5N.J.A.C. 7:9–4.13(f): Delaware River Zone 6



PL (FreshwaterPinelands), FW2

These classificationsare assigned the cri-teria in: Column B1—all except #102, 105,107, 108, 111, 112, 113,115, 117, and 118.

Column B2—all except#105, 107, 108, 111, 112,113, 115, 117, 118, 119,120, 121, 122, 123, 124,and 125.

Column D1—all at a10¥6 risk level except#23, 30, 37, 38, 42, 68,89, 91, 93, 104, 105; #23,30, 37, 38, 42, 68, 89, 91,93, 104, 105, at a 10¥5

risk level.Column D2—all at a

10¥6 risk level except#23, 30, 37, 38, 42, 68,89, 91, 93, 104, 105; #23,30, 37, 38, 42, 68, 89, 91,93, 104, 105, at a 10¥5

risk level.PL (Saline Water

Pinelands), SE1,SE2, SE3, SC

These classificationsare each assigned thecriteria in:

Column C1—all ex-cept #102, 105, 107,108, 111, 112, 113,115, 117, and 118.


739



Column C2—all ex-cept #105, 107, 108,111, 112, 113, 115,117, 118, 119, 120,121, 122, 123, 124,and 125.

Column D2—all at a10¥6 risk level ex-cept #23, 30, 37, 38,42, 68, 89, 91, 93,104, 105; #23, 30, 37,38, 42, 68, 89, 91,93, 104, 105, at a10¥5 risk level.

Delaware Riverzones 1C, 1D, 1E,2, 3, 4, 5 andDelaware Bayzone 6


Column B1—all.Column B2—all.Column D1—all at a

10¥6 risk level ex-cept #23, 30, 37, 38,42, 68, 89, 91, 93,104, 105; #23, 30, 37,38, 42, 68, 89, 91,93, 104, 105, at a10¥5 risk level.

Column D2—all at a10¥6 risk level ex-cept #23, 30, 37, 38,42, 68, 89, 91, 93,104, 105; #23, 30, 37,38, 42, 68, 89, 91,93, 104, 105, at a10¥5 risk level.

Delaware Riverzones 3, 4, and 5,and DelawareBay zone 6


Column C1—all.Column C2—all.Column D2—all at a

10¥6 risk level ex-cept #23, 30, 37, 38,42, 68, 89, 91, 93,104, 105; #23, 30, 37,38, 42, 68, 89, 91,93, 104, 105, at a10¥5 risk level.

(iii) The human health criteria shallbe applied at the State-proposed 10¥6

risk level for EPA rated Class A, B1,and B2 carcinogens; EPA rated Class Ccarcinogens shall be applied at 10¥5

risk level. To determine appropriatevalue for carcinogens, see footnote c. inthe matrix in paragraph (b)(1) of thissection.

(4) Puerto Rico, EPA Region 2. (i) Allwaters assigned to the following use

classifications in the Puerto RicoWater Quality Standards (promulgatedby Resolution Number R–83–5–2) aresubject to the criteria in paragraph(d)(4)(ii) of this section, without excep-tion.

Article 2.2.2—Class SBArticle 2.2.3—Class SCArticle 2.2.4—Class SD



Class SD This Classification isassigned criteria in:

Column B1—all, ex-cept: 10, 102, 105,107, 108, 111, 112,113, 115, 117, and126.

Column B2—all, ex-cept: 105, 107, 108,112, 113, 115, and117.

Column D1—all, ex-cept: 6, 14, 105,112, 113, and 115.

Column D2—all, ex-cept: 14, 105, 112,113, and 115.

Class SB, Class SC These Classificationsare assigned criteriain:

Column C1—all, ex-cept: 4, 5b, 7, 8, 10,11, 13, 102, 105, 107,108, 111, 112, 113,115, 117, and 126.

Column C2—all, ex-cept: 4, 5b, 10, 13,108, 112, 113, 115,and 117.

Column D2—all, ex-cept: 14, 105, 112,113, and 115.


risk level. To determine appropriatevalue for carcinogens, see footnote c, inthe criteria matrix in paragraph (b)(1)of this section.

(5) District of Columbia, EPA Region3.

(i) All waters assigned to the follow-ing use classifications in chapter 11Title 21 DCMR, Water Quality Stand-ards of the District of Columbia aresubject to the criteria in paragraph


740

40 CFR Ch. I (7–1–97 Edition)§ 131.36

(d)(5)(ii) of this section, without excep-tion:

1101.2 Class C waters

(ii) The following criteria from thematrix in paragraph (b)(1) of this sec-tion apply to the use classificationidentified in paragraph (d)(5)(i) of thissection:


Class C This classification isassigned the addi-tional criteria in:

Column B2—#10,118, 126.

Column D1—#15, 16,44, 67, 68, 79, 80,81, 88, 114, 116, 118.

Column D2—all.

(iii) The human health criteria shallbe applied at the State-adopted 10¥6

risk level.(6) Florida, EPA Region 4.(i) All waters assigned to the follow-

ing use classifications in Chapter 17–301of the Florida Administrative Code(i.e., identified in Section 17–302.600)are subject to the criteria in paragraph(d)(6)(ii) of this section, without excep-tion:

Class IClass IIClass III

(ii) The following criteria from thematrix paragraph (b)(1) of this sectionapply to the use classifications identi-fied in paragraph (d)(6)(i) of this sec-tion:


Class I This classification isassigned the cri-teria in:Column D1—#16

Class IIClass III (marine)

This classification isassigned the cri-teria in:Column D2—#16

Class III (freshwater) This classification isassigned the cri-teria in:

Column D2—#16

(iii) The human health criteriashall be applied at the State-adopted10-6 risk level.

(7) Michigan, EPA Region 5.

(i) All waters assigned to the follow-ing use classifications in the MichiganDepartment of Natural Resources Com-mission General Rules, R 323.1100 des-ignated uses, as defined at R 323.1043.Definitions; A to N, (i.e., identified inSection (g) ‘‘Designated use’’) are sub-ject to the criteria in paragraph(d)(7)(ii) of this section, without excep-tion:

AgricultureNavigationIndustrial Water SupplyPublic Water Supply at the Point of Water

IntakeWarmwater FishOther Indigenous Aquatic Life and WildlifePartial Body Contact Recreation



Public Water sup-ply

This classification isassigned the criteriain:

Column B1—all,Column B2—all,Column D1—all.

All other designa-tions

These classificationsare assigned the cri-teria in:

Column B1—all,Column B2—all,

andColumn D2—all.

(iii) The human health criteria shallbe applied at the State-adopted 10-5 risklevel. To determine appropriate valuefor carcinogens, see footnote c in thecriteria matrix in paragraph (b)(1) ofthis section.

(8) Arkansas, EPA Region 6.(i) All waters assigned to the follow-

ing use classification in section 4C(Waterbody uses) identified in Arkan-sas Department of Pollution Controland Ecology’s Regulation No. 2 asamended and entitled, ‘‘Regulation Es-tablishing Water Quality Standards forSurface Waters of the State of Arkan-sas’’ are subject to the criteria in para-graph (d)(8)(ii) of this section, withoutexception:

Extraordinary Resource WatersEcologically Sensitive WaterbodyNatural and Scenic Waterways


741


Fisheries:

(1) Trout(2) Lakes and Reservoirs(3) Streams

(a) Ozark Highlands Ecoregion(b) Boston Mountains Ecoregion(c) Arkansas River Valley Ecoregion(d) Ouachita Mountains Ecoregion(e) Typical Gulf Coastal Ecoregion(f) Spring Water-influenced Gulf Coastal

Ecoregion(g) Least-altered Delta Ecoregion(h) Channel-altered Delta Ecoregion

Domestic Water Supply

(ii) The following criteria from thematrix in paragraph (b)(1) of this sec-tion apply to the use classificationidentified in paragraph (d)(8)(i) of thissection:


Extraordinary Re-source Waters

Ecologically SensitiveWaterbody

Natural and Scenic Wa-terways

Fisheries:(1) Trout(2) Lakes and Res-

ervoirs(3) Streams

(a) Ozark HighlandsEcoregion

(b) Boston Moun-tains Ecoregion

(c) Arkansas RiverValley Ecoregion

(d) Ouachita Moun-tains Ecoregion

(e) Typical GulfCoastal Ecoregion

(f) Spring Water-in-fluenced GulfCoastal Ecoregion

(g) Least-alteredDelta Ecoregion

(h) Channel-alteredDelta Ecoregion

These uses areeach assignedthe criteria in—

Column B1—#4,5a, 5b, 6, 7, 8,9, 10, 11, 13, 14

Column B2—#4,5a, 5b, 6, 7, 8,9, 10, 13, 14

(9) Kansas, EPA Region 7.(i) All waters assigned to the follow-

ing use classification in the Kansas De-partment of Health and Environmentregulations, K.A.R. 28–16–28b throughK.A.R. 28–16–28f, are subject to the cri-

teria in paragraph (d)(9)(ii) of this sec-tion, without exception.

Section 28–16–28dSection (2)(A)—Special Aquatic Life Use

WatersSection (2)(B)—Expected Aquatic Life Use

WatersSection (2)(C)—Restricted Aquatic Life Use

WatersSection (3)—Domestic Water SupplySection (6)(c)—Consumptive Recreation

Use.



Sections (2)(A),(2)(B), (2)(C),(6)(C)

These classificationsare each assigned allcriteria in:

Column B1, all ex-cept #9, 11, 13, 102,105, 107, 108, 111–113, 115, 117, and126;

Column B2, all ex-cept #9, 13, 105,107, 108, 111–113,115, 117, 119–125,and 126; and

Column D2, all ex-cept #9, 112, 113,and 115.

Section (3) This classification isassigned all criteriain;

Column D1, all ex-cept #9, 12, 112,113, and 115.


risk level.(10) California, EPA Region 9.(i) All waters assigned any aquatic

life or human health use classificationsin the Water Quality Control Plans forthe various Basins of the State (‘‘BasinPlans’’), as amended, adopted by theCalifornia State Water Resources Con-trol Board (‘‘SWRCB’’), except forocean waters covered by the WaterQuality Control Plan for Ocean Watersof California (‘‘Ocean Plan’’) adoptedby the SWRCB with resolution Number90–27 on March 22, 1990, are subject tothe criteria in paragraph (d)(10)(ii) ofthis section, without exception. These


742

40 CFR Ch. I (7–1–97 Edition)§ 131.36

criteria amend the portions of the ex-isting State standards contained in theBasin Plans. More particularly thesecriteria amend water quality criteriacontained in the Basin Plan Chaptersspecifying water quality objectives(the State equivalent of federal waterquality criteria) for the toxic pollut-ants identified in paragraph (d)(10)(ii)of this section. Although the State hasadopted several use designations foreach of these waters, for purposes ofthis action, the specific standards to be

applied in paragraph (d)(10)(ii) of thissection are based on the presence in allwaters of some aquatic life designationand the presence or absence of theMUN use designation (Municipal anddomestic supply). (See Basin Plans formore detailed use definitions.)

(ii) The following criteria from thematrix in paragraph (b)(1) of this sec-tion apply to the water and use classi-fications defined in paragraph (d)(10)(i)of this section and identified below:

Water and use classification Applicable criteria

Waters of the State defined as bays or estuaries except theSacramento-San Joaquin Delta and San Francisco Bay

These waters are assigned thecriteria in:

Column B1—pollutants 5aand 14


Column C1—pollutant 14Column C2—pollutant 14Column D2—pollutants 1,

12, 17, 18, 21, 22, 29, 30, 32,33, 37, 38, 42–44, 46, 48, 49,54, 59, 66, 67, 68, 78–82, 85,89, 90, 91, 93, 95, 96, 98

Waters of the Sacramento—San Joaquin Delta and waters ofthe State defined as inland (i.e., all surface waters of theState not bays or estuaries or ocean) that include a MUNuse designation




Column D1—pollutants 1,12, 15, 17, 18, 21, 22, 29, 30,32, 33, 37, 38, 42–48, 49, 59,66, 67, 68, 78–82, 85, 89, 90,91, 93, 95, 96, 98

Waters of the State defined as inland without an MUN usedesignation




Column D2—pollutants 1,12, 17, 18, 21, 22, 29, 30, 32,33, 37, 38, 42–44, 46, 48, 49,54, 59, 66, 67, 68, 78–82, 85,89, 90, 91, 93, 95, 96, 98

Waters of the San Joaquin River from the mouth of theMerced River to Vernalis


743



In addition to the criteria as-signed to these waters else-where in this rule, these wa-ters are assigned the cri-teria in:

Column B2—pollutant 10Waters of Salt Slough, Mud Slough (north) and the San Joa-

quin River, Sack Dam to the mouth of the Merced RiverIn addition to the criteria as-

signed to these waters else-where in this rule, these wa-ters are assigned the cri-teria in:

Column B1—pollutant 10Column B2—pollutant 10

Waters of San Francisco Bay upstream to and includingSuisun Bay and the Sacramento-San Joaquin Delta


Column B1—pollutants 5a,10* and 14

Column B2—pollutants 5a,10* and 14

Column C1—pollutant 14Column C2—pollutant 14Column D2—pollutants 1,

12, 17, 18, 21, 22, 29, 30, 32,33, 37, 38, 42–44, 46, 48, 49,54, 59, 66, 67, 68, 78–82, 85,89, 90, 91, 93, 95, 96, 98

All inland waters of the United States or enclosed bays andestuaries that are waters of the United States that includean MUN use designation and that the State has either ex-cluded or partially excluded from coverage under its WaterQuality Control Plan for Inland Surface Waters of Califor-nia, Tables 1 and 2, or its Water Quality Control Plan forEnclosed Bays and Estuaries of California, Tables 1 and 2,or has deferred applicability of those tables. (Category (a),(b), and (c) waters described on page 6 of Water QualityControl Plan for Inland Surface Waters of California orpage 6 of its Water Quality Control Plan for Enclosed Baysand Estuaries of California.)

These waters are assigned thecriteria for pollutants forwhich the State does notapply Table 1 or 2 stand-ards. These criteria are:

Column B1—all pollutantsColumn B2—all pollutantsColumn D1—all pollutants

except #2All inland waters of the United States that do not include an

MUN use designation and that the State has either ex-cluded or partially excluded from coverage under its WaterQuality Control Plan for Inland Surface Waters of Califor-nia, Tables 1 and 2, or has deferred applicability of thesetables. (Category (a), (b), and (c) waters described on page 6of Water Quality Control Plan for Inland Surface Waters ofCalifornia.)



744

40 CFR Ch. I (7–1–97 Edition)§ 131.36


Column B1—all pollutantsColumn B2—all pollutantsColumn D2—all pollutants

except #2All enclosed bays and estuaries that are waters of the United

States that do not include an MUN designation and thatthe State has either excluded or partially excluded fromcoverage under its Water Quality Control Plan for InlandSurface Waters of California, Tables 1 and 2, or its WaterQuality Control Plan for Enclosed Bays and Estuaries ofCalifornia, Tables 1 and 2, or has deferred applicability ofthose tables. (Category (a), (b), and (c) waters described onpage 6 of Water Quality Control Plan for Inland SurfaceWaters of California or page 6 of its Water Quality ControlPlan for Enclosed Bays and Estuaries of California.)


Column B1—all pollutantsColumn B2—all pollutantsColumn C1—all pollutantsColumn C2—all pollutantsColumn D2—all pollutants

except #2*The fresh water selenium criteria are included for the San Francisco Bay estuary because

high levels of bioaccumulation of selenium in the estuary indicate that the salt water cri-teria are underprotective for San Francisco Bay.

(iii) The human health criteria shallbe applied at the State-adopted 10¥6

risk level.(11) Nevada, EPA Region 9. (i) All wa-

ters assigned the use classifications inChapter 445 of the Nevada Administra-tive Code (NAC), Nevada Water Pollu-tion Control Regulations, which are re-ferred to in paragraph (d)(11)(ii) of thissection, are subject to the criteria inparagraph (d)(11)(ii) of this section,without exception. These criteriaamend the existing State standards

contained in the Nevada Water Pollu-tion Control Regulations. More par-ticularly, these criteria amend or sup-plement the table of numeric standardsin NAC 445.1339 for the toxic pollutantsidentified in paragraph (d)(11)(ii) ofthis section.

(ii) The following criteria from ma-trix in paragraph (b)(1) of this sectionapply to the waters defined in para-graph (d)(11)(i) of this section and iden-tified below:


Waters that the State has included in NAC445.1339 where Municipal or domestic supplyis a designated use

These waters are assigned the criteria in:Column B1—pollutant #118Column B2—pollutant #118Column D1—pollutants #15, 16, 18, 19, 20,

21, 23, 26, 27, 29, 30, 34, 37, 38, 42, 43, 55,58–62, 64, 66, 73, 74, 78, 82, 85, 87–89, 91,92, 96, 98, 100, 103, 104, 105, 114, 116, 117,118

Waters that the State has included in NAC445.1339 where Municipal or domestic supplyis not a designated use

These waters are assigned the criteria in:Column B1—pollutant #118


745



Column B2—pollutant #118Column D2—all pollutants except #2.

(iii) The human health criteria shallbe applied at the 10¥5 risk level, con-sistent with State policy. To determineappropriate value for carcinogens, seefootnote c in the criteria matrix inparagraph (b)(1) of this section.

(12) Alaska, EPA Region 10.(i) All waters assigned to the follow-

ing use classifications in the AlaskaAdministrative Code (AAC), Chapter 18(i.e., identified in 18 AAC 70.020) aresubject to the criteria in paragraph(d)(12)(ii) of this section, without ex-ception:

70.020.(1) (A) Fresh Water70.020.(1) (A) Water Supply

(i) Drinking, culinary, and food processing,(iii) Aquaculture;

70.020.(1) (B) Water Recreation(i) Contact recreation,(ii) Secondary recreation;

70.020.(1) (C) Growth and propagation offish, shellfish, other aquatic life, andwildlife

70.020.(2) (A) Marine Water70.020.(2) (A) Water Supply

(i) Aquaculture,70.020.(2) (B) Water Recreation

(i) contact recreation,(ii) secondary recreation;

70.020.(2) (C) Growth and propagation of fish,shellfish, other aquatic life, and wildlife;

70.020.(2) (D) Harvesting for consumption ofraw mollusks or other raw aquatic life.



(1)(A) i Column B1—allColumn B2—#10Column D1#’s 2, 16, 18–21, 23, 26, 27,

29, 30, 32, 37, 38, 42–44,53, 55, 59–62, 64, 66, 68,73, 74, 78, 82, 85, 88, 89,91–93, 96, 98, 102–105,107–111, 117–126

(1)(A) iii Column B1—allColumn B2—#10Column D2


#’s 2, 14, 16, 18–21, 22, 23,26, 27, 29, 30, 32, 37, 38,42–44, 46, 53, 54, 55, 59–62, 64, 66, 68, 73, 74, 78,82, 85, 88–93, 95, 96, 98,102–105, 107–111, 115–126

(1)(B)i, (1)(B) ii,(1)(C)

Column B1—allColumn B2—#10Column D2#’s 2, 14, 16, 18–21, 22, 23,

26, 27, 29, 30, 32, 37, 38,42–44, 46, 53, 54, 55, 59–62, 64, 66, 68, 73, 74, 78,82, 85, 88–93, 95, 96, 98,102–105, 107–111, 115–126

(2)(A) i, (2)(B)i, and(2)(B)ii, (2)(C),(2)(D)

Column C1—allColumn C2—#10Column D2#s 2, 14, 16, 18–21, 22, 23,

26, 27, 29, 30, 32, 37, 38,42–44, 46, 53, 54, 55, 59–62, 64, 66, 68, 73, 74, 78,82, 85, 88–93, 95, 96, 98,102–105, 107–111, 115–126

(iii) The human health criteria shallbe applied at the State-proposed risklevel of 10¥5. To determine appropriatevalue for carcinogens, see footnote c inthe criteria matrix in paragraph (b)(1)of this section.

(13) Idaho, EPA Region 10.(i) All waters assigned to the follow-

ing use classifications in the Idaho Ad-ministrative Procedures Act (IDAPA),Chapter 16 (i.e., identified in IDAPA16.01.2100,02–16.01.2100,07) are subject tothe criteria in paragraph (d)(13)(ii) ofthis section, without exception:

16.01.2100.01.b. Domestic Water Supplies16.01.2100.02.a. Cold Water Biota16.01.2100.02.b. Warm Water Biota16.01.2100.02cc. Salmonid Spawning16.01.2100.03.a. Primary Contact Recreation16.01.2100.03.b Secondary Contact Recreation



746

40 CFR Ch. I (7–1–97 Edition)§ 131.37

Use classi-fication Applicable criteria

01.b This classification is assignedthe criteria in:

Column D1—#202.a02.b02cc

These classifications are as-signed the criteria in:

Column B1—allColumn B2—allColumn D2—#2

03.a This classification is assignedthe criteria in:

Column D2—#203.b This classification is assigned

the criteria in:Column D2—#2

(iii) The human health criteria shallbe applied at the 10¥6 risk level, con-sistent with State policy.

(14) Washington, EPA Region 10.(i) All waters assigned to the follow-

ing use classifications in the Washing-ton Administrative Code (WAC), Chap-ter 173–201 (i.e., identified in WAC 173–201–045) are subject to the criteria inparagraph (d)(14)(ii) of this section,without exception:

173–201–045Fish and ShellfishFishWater Supply (domestic)Recreation



Fish and Shellfish;Fish


Column C2—6, 14Column D2—all

Water Supply (do-mestic)


Column D1—allRecreation This classification is

assigned the criteriain:

Column D2—Marinewaters andfreshwaters notprotected for do-mestic water sup-ply

(iii) The human health criteria shallbe applied at the State proposed risklevel of 10¥6.

[57 FR 60910, Dec. 22, 1992; 58 FR 31177, June1, 1993, as amended at 58 FR 34499, June 25,1993; 58 FR 36142, July 6, 1993; 60 FR 22229,22235, May 4, 1995; 60 FR 44120, Aug. 24, 1995;61 FR 60617, Nov. 29, 1996]

§ 131.37 California.

(a) Additional criteria. The followingcriteria are applicable to waters speci-fied in the Water Quality Control Planfor Salinity for the San Francisco Bay/Sacramento-San Joaquin Delta Estu-ary, adopted by the California StateWater Resources Control Board inState Board Resolution No. 91–34 onMay 1, 1991:

(1) Estuarine habitat criteria. (i) Gen-eral rule. (A) Salinity (measured at thesurface) shall not exceed 2640micromhos/centimeter specific con-ductance at 25 °C (measured as a 14-daymoving average) at the Confluence ofthe Sacramento and San Joaquin Riv-ers throughout the period each yearfrom February 1 through June 30, andshall not exceed 2640 micromhos/centi-meter specific conductance at 25 °C(measured as a 14-day moving average)at the specific locations noted in Table1 near Roe Island and Chipps Island forthe number of days each month in theFebruary 1 to June 30 period computedby reference to the following formula:

Number of days required in Month X =Total number of days in Month X *(1–1/(1+eK)

where K = A + (B*natural logarithm ofthe previous month’s 8-RiverIndex);

A and B are determined by reference toTable 1 for the Roe Island andChipps Island locations;

x is the calendar month in the Feb-ruary 1 to June 30 period;

and e is the base of the natural (or Na-pierian) logarithm.

Where the number of days computed inthis equation in paragraph (a)(1)(i)(A)of this section shall be rounded to thenearest whole number of days. Whenthe previous month’s 8-River Index isless than 500,000 acre-feet, the numberof days required for the current monthshall be zero.


747


TABLE 1. CONSTANTS APPLICABLE TO EACH OF THE MONTHLY EQUATIONS TO DETERMINE MONTHLYREQUIREMENTS DESCRIBED.

Month XChipps Island Roe Island (if triggered)

A B A B

Feb ......................................................................................... ¥1 ¥1 ¥14.36 +2.068Mar ......................................................................................... ¥105.16 +15.943 ¥20.79 +2.741Apr ......................................................................................... ¥47.17 +6.441 ¥28.73 +3.783May ........................................................................................ ¥94.93 +13.662 ¥54.22 +6.571June ....................................................................................... ¥81.00 +9.961 ¥92.584 +10.699

1 Coefficients for A and B are not provided at Chipps Island for February, because the 2640 micromhos/cm specific conduct-ance criteria must be maintained at Chipps Island throughout February under all historical 8-River Index values for January.

(B) The Roe Island criteria apply atthe salinity measuring station main-tained by the U.S. Bureau of Reclama-tion at Port Chicago (km 64). TheChipps Island criteria apply at the Mal-lard Slough Monitoring Site, StationD–10 (RKI RSAC–075) maintained bythe California Department of WaterResources. The Confluence criteriaapply at the Collinsville ContinuousMonitoring Station C–2 (RKI RSAC–081) maintained by the California De-partment of Water Resources.

(ii) Exception. The criteria at Roe Is-land shall be required for any givenmonth only if the 14-day moving aver-age salinity at Roe Island falls below2640 micromhos/centimeter specificconductance on any of the last 14 daysof the previous month.

(2) Fish migration criteria. (i) Generalrule.

(A) Sacramento River. Measured FishMigration criteria values for the Sac-ramento River shall be at least the fol-lowing:

At temperatures less than below 61°F:SRFMC = 1.35

At temperatures between 61°F and 72°F: SRFMC = 6.96–.092 * Fahrenheittemperature

At temperatures greater than 72 °F:SRFMC = 0.34

where SRFMC is the Sacramento RiverFish Migration criteria value. Tem-perature shall be the water tempera-ture at release of tagged salmon smoltsinto the Sacramento River at MillerPark.

(B) San Joaquin River. Measured FishMigration criteria values on the SanJoaquin River shall be at least the fol-lowing:

For years in which the SJVIndex is >2.5: SJFMC = (¥0.012) +0.184*SJVIndex

In other years: SJFMC = 0.205 +0.0975*SJVIndex

where SJFMC is the San Joaquin RiverFish Migration criteria value, andSJVIndex is the San Joaquin ValleyIndex in million acre feet (MAF)

(ii) Computing fish migration criteriavalues for Sacramento River. In order toassess fish migration criteria values forthe Sacramento River, tagged fall-runsalmon smolts will be released into theSacramento River at Miller Park andcaptured at Chipps Island, or alter-natively released at Miller Park andPort Chicago and recovered from theocean fishery, using the methodologydescribed in this paragraph (a)(2)(ii).An alternative methodology for com-puting fish migration criteria valuescan be used so long as the revisedmethodology is calibrated with themethodology described in this para-graph (a)(2)(ii) so as to maintain thevalidity of the relative index values.Sufficient releases shall be made eachyear to provide a statistically reliableverification of compliance with the cri-teria. These criteria will be consideredattained when the sum of the dif-ferences between the measured experi-mental value and the stated criteriavalue (i.e., measured value minus stat-ed value) for each experimental releaseconducted over a three year period (thecurrent year and the previous twoyears) shall be greater than or equal tozero. Fish for release are to be taggedat the hatchery with coded-wire tags,and fin clipped. Approximately 50,000 to100,000 fish of smolt size (size greaterthan 75 mm) are released for each sur-vival index estimate, depending on ex-pected mortality. As a control for the


748

40 CFR Ch. I (7–1–97 Edition)§ 131.37

ocean recovery survival index, one ortwo groups per season are released atBenecia or Pt. Chicago. From each up-stream release of tagged fish, fish areto be caught over a period of one totwo weeks at Chipps Island. Daylightsampling at Chipps Island with a 9.1 by7.9 m, 3.2 mm cod end, midwater trawlis begun 2 to 3 days after release. Whenthe first fish is caught, full-time trawl-ing 7 days a week should begin. Eachday’s trawling consists of ten 20minute tows generally made againstthe current, and distributed equallyacross the channel.

(A) The Chipps Island smolt survivalindex is calculated as:SSI=R÷MT(0.007692)where R=number of recaptures of

tagged fishM=number of marked (tagged) fish re-

leasedT=proportion of time sampled vs total

time tagged fish were passing thesite (i.e. time between first and lasttagged fish recovery)

Where the value 0.007692 is the propor-tion of the channel width fished by thetrawl, and is calculated as trawl width/channel width.

(B) Recoveries of tagged fish fromthe ocean salmon fishery two to fouryears after release are also used to cal-culate a survival index for each re-lease. Smolt survival indices fromocean recoveries are calculated as:OSI=R1/M1÷R2/M2

where R1=number of tagged adults re-covered from the upstream release

M1=number released upstreamR2=number of tagged adults recovered

from the Port Chicago releaseM2=number released at Port Chicago

(1) The number of tagged adults re-covered from the ocean fishery is pro-vided by the Pacific States MarineFisheries Commission, which main-tains a port sampling program.

(2) [Reserved](iii) Computing fish migration criteria

values for San Joaquin River. In order toassess annual fish migration criteriavalues for the San Joaquin River,tagged salmon smolts will be releasedinto the San Joaquin River at Mossdaleand captured at Chipps Island, or alter-natively released at Mossdale and PortChicago and recovered from the ocean

fishery, using the methodology de-scribed in paragraph (a)(2)(iii). An al-ternative methodology for computingfish migration criteria values can beused so long as the revised methodol-ogy is calibrated with the methodologydescribed below so as to maintain thevalidity of the relative index values.Sufficient releases shall be made eachyear to provide a statistically reliableestimate of the SJFMC for the year.These criteria will be considered at-tained when the sum of the differencesbetween the measured experimentalvalue and the stated criteria value (i.e.,measured value minus stated value) foreach experimental release conductedover a three year period (the currentyear and the previous two years) shallbe greater than or equal to zero.

(A) Fish for release are to be taggedat the hatchery with coded-wire tags,and fin clipped. Approximately 50,000 to100,000 fish of smolt size (size greaterthan 75 mm) are released for each sur-vival index estimate, depending on ex-pected mortality. As a control for theocean recovery survival index, one ortwo groups per season are released atBenicia or Pt. Chicago. From each up-stream release of tagged fish, fish areto be caught over a period of one totwo weeks at Chipps Island. Daylightsampling at Chipps Island with a 9.1 by7.9 m, 3.2 mm cod end, midwater trawlis begun 2 to 3 days after release. Whenthe first fish is caught, full-time trawl-ing 7 days a week should begin. Eachday’s trawling consists of ten 20minute tows generally made againstthe current, and distributed equallyacross the channel.

(B) The Chipps Island smolt survivalindex is calculated as:SSI=R÷MT(0.007692)where R=number of recaptures of

tagged fishM=number of marked (tagged) fish re-

leasedT=proportion of time sampled vs total

time tagged fish were passing thesite (i.e. time between first and lasttagged fish recovery)

Where the value 0.007692 is the propor-tion of the channel width fished by thetrawl, and is calculated as trawl width/channel width.

(C) Recoveries of tagged fish from theocean salmon fishery two to four years


749


after release are also used to calculatea survival index for each release. Smoltsurvival indices from ocean recoveriesare calculated as:OSI=R1/M1 ÷ R2/M2

where R1=number of tagged adults re-covered from the upstream release

M1=number released upstreamR2=number of tagged adults recovered

from the Port Chicago releaseM2=number released at Port Chicago

(1) The number of tagged adults re-covered from the ocean fishery is pro-vided by the Pacific States MarineFisheries Commission, which main-tains a port sampling program.

(2) [Reserved](3) Suisun marsh criteria. (i) Water

quality conditions sufficient to supporta natural gradient in species composi-tion and wildlife habitat characteristicof a brackish marsh throughout all ele-vations of the tidal marshes borderingSuisun Bay shall be maintained. Water

quality conditions shall be maintainedso that none of the following occurs:Loss of diversity; conversion of brack-ish marsh to salt marsh; for animals,decreased population abundance ofthose species vulnerable to increasedmortality and loss of habitat from in-creased water salinity; or for plants,significant reduction in stature or per-cent cover from increased water or soilsalinity or other water quality param-eters.

(ii) [Reserved](b) Revised criteria. The following cri-

teria are applicable to state watersspecified in Table 1–1, at Section (C)(3)(‘‘Striped Bass—Salinity : 3. PrisonersPoint—Spawning) of the Water QualityControl Plan for Salinity for the SanFrancisco Bay—Sacramento/San Joa-quin Delta Estuary, adopted by theCalifornia State Water Resources Con-trol Board in State Board ResolutionNo. 91–34 on May 1, 1991:

Location Sampling site Nos (I–-A/RKI) Parameter Description Index type San Joaquin

Valley Index Dates Values

San Joa-quinRiver atJerseyPoint,SanAndreasLanding,PrisonersPoint,BuckleyCove,RoughandReady Is-land,BrandtBridge,Mossdal-e, andVernalis.

D15/RSAN018,C4/RSAN032,D29/RSAN038,P8/RSAN056,-/RSAN062,C6/RSAN073,C7/RSAN087,C10/RSAN112

Specific .....Conduct-

ance.@ 25 °C ...

14-day run-ning av-erage ofmeandaily forthe pe-riod notmorethanvalueshown, inmmhos.

Not Appli-cable.

>2.5 MAF April 1 toMay 31.

0.44 micro-mhos.

San Joa-quinRiver atJerseyPoint,SanAndreasLandingand Pris-onersPoint.

D15/RSAN018,C4/RSAN032,D29/RSAN038

SpecificConduct-ance.

14-day run-ning av-erage ofmeandaily forthe pe-riod notmorethanvalueshown, inmmhos.

Not Appli-cable.

≤2.5 MAF April 1 toMay 31.

0.44 micro-mhos.

(c) Definitions. Terms used in para-graphs (a) and (b) of this section, shallbe defined as follows:

(1) Water year. A water year is thetwelve calendar months beginning Oc-tober 1.


750

40 CFR Ch. I (7–1–97 Edition)§ 132.1

(2) 8-River Index. The flow determina-tions are made and are published bythe California Department of WaterResources in Bulletin 120. The 8-RiverIndex shall be computed as the sum offlows at the following stations:

(i) Sacramento River at Band Bridge,near Red Bluff;

(ii) Feather River, total inflow toOroville Reservoir;

(iii) Yuba River at Smartville;(iv) American River, total inflow to

Folsom Reservoir;(v) Stanislaus River, total inflow to

New Melones Reservoir;(vi) Tuolumne River, total inflow to

Don Pedro Reservoir;(vii) Merced River, total inflow to

Exchequer Reservoir; and(viii) San Joaquin River, total inflow

to Millerton Lake.(3) San Joaquin Valley Index. (i) The

San Joaquin Valley Index is computedaccording to the following formula:ISJ=0.6X+0.2Y and 0.2Zwhere ISJ=San Joaquin Valley IndexX=Current year’s April–July San Joa-

quin Valley unimpaired runoffY=Current year’s October–March San

Joaquin Valley unimpaired runoffZ=Previous year’s index in MAF, not to

exceed 0.9 MAF(ii) Measuring San Joaquin Valley

unimpaired runoff. San Joaquin Valleyunimpaired runoff for the currentwater year is a forecast of the sum ofthe following locations: StanislausRiver, total flow to New Melones Res-ervoir; Tuolumne River, total inflow toDon Pedro Reservoir; Merced River,total flow to Exchequer Reservoir; SanJoaquin River, total inflow toMillerton Lake.

(4) Salinity. Salinity is the total con-centration of dissolved ions in water. Itshall be measured by specific conduct-ance in accordance with the proceduresset forth in 40 CFR 136.3, Table 1B, Pa-rameter 64.

[60 FR 4707, Jan. 24, 1995]

PART 132—WATER QUALITY GUID-ANCE FOR THE GREAT LAKESSYSTEM

Sec.132.1 Scope, purpose, and availability of

documents.

132.2 Definitions.132.3 Adoption of criteria.132.4 State adoption and application of

methodologies, policies and procedures.132.5 Procedures for adoption and EPA re-

view.132.6 Application of part 132 requirements

in Great Lakes States and Tribes. [Re-served]

TABLES TO PART 132

APPENDIX A TO PART 132—GREAT LAKESWATER QUALITY INITIATIVE METHODOLO-GIES FOR DEVELOPMENT OF AQUATIC LIFECRITERIA AND VALUES

APPENDIX B TO PART 132—GREAT LAKESWATER QUALITY INITIATIVE METHODOLOGYFOR DEVELOPMENT OF BIOACCUMULATIONFACTORS

APPENDIX C TO PART 132—GREAT LAKESWATER QUALITY INITIATIVE METHODOLOGYFOR DEVELOPMENT OF HUMAN HEALTH CRI-TERIA AND VALUES

APPENDIX D TO PART 132—GREAT LAKESWATER QUALITY INITIATIVE METHODOLOGYFOR THE DEVELOPMENT OF WILDLIFE CRI-TERIA

APPENDIX E TO PART 132—GREAT LAKESWATER QUALITY INITIATIVEANTIDEGRADATION POLICY

APPENDIX F TO PART 132—GREAT LAKESWATER QUALITY INITIATIVE IMPLEMENTA-TION PROCEDURES

AUTHORITY: 33 U.S.C. 1251 et seq.SOURCE: 60 FR 15387, Mar. 23, 1995, unless

otherwise noted.

§ 132.1 Scope, purpose, and availabilityof documents.

(a) This part constitutes the WaterQuality Guidance for the Great LakesSystem (Guidance) required by section118(c)(2) of the Clean Water Act (33U.S.C. 1251 et seq.) as amended by theGreat Lakes Critical Programs Act of1990 (Pub. L. 101–596, 104 Stat. 3000 etseq.). The Guidance in this part identi-fies minimum water quality standards,antidegradation policies, and imple-mentation procedures for the GreatLakes System to protect humanhealth, aquatic life, and wildlife.

(b) The U.S. Environmental Protec-tion Agency, Great Lakes States, andGreat Lakes Tribes will use the Guid-ance in this part to evaluate the waterquality programs of the States andTribes to assure that they are protec-tive of water quality. State and Tribalprograms do not need to be identical tothe Guidance in this part, but mustcontain provisions that are consistentwith (as protective as) the Guidance in


Documents

Environmental Protection Agency §130 - Florida Dep · Environmental Protection Agency §130.15 priority water quality problems identi-fied in the State’s water quality assess-ment