CHAPTER Env-Wq 1700 SURFACE WATER QUALITY REGULATIONS
Statutory
Authority: RSA 485-A:6,
I & XI-c and RSA 485-A:8, VI
Revision Note #1:
Document #7151, effective 12-10-99, readopted with
amendments and renumbered the former Chapter Env-Ws
430 as Env-Ws 1700, containing Part Env-Ws 1701 through Part Env-Ws
1709. Document #7151
made extensive changes to the wording, format, structure, and numbering of
rules in the former Chapter Env-Ws 430. Document #7151 superseded all prior filings
for rules in the former Chapter Env-Ws 430. The prior filings for former Chapter Env-Ws 430 included the following documents:
#1881,
eff 12-7-81
#2707,
eff 5-15-84; EXPIRED 5-15-90
#4896,
eff 8-3-90
#6301,
INTERIM, eff 8-2-96
#6351,
eff 10-5-96
Revision Note #2:
Document #9162, effective 5-21-08, readopted with
amendments and renumbered former Chapter Env-Ws 1700
as Chapter Env-Wq 1700. Former Chapter Env-Ws 1700 contained Part Env-Ws
1701 through Part Env-Ws 1709. The redesignation from subtitle Env-Ws to subtitle Env-Wq was done pursuant to a rules
reorganization plan for Department rules approved by the Director of the Office
of Legislative Services on 9-7-05.
Document #9162 replaced all prior filings for rules in the former Chapter
Env-Ws 1700.
The prior filings included the following documents:
Former Part Env-Ws 1701
through Part Env-Ws 1709:
#7151, eff 12-10-99
#9034, INTERIM, eff 12-10-07
Former Part Env-Ws 1710
Emergency Water Transfer:
#7669, EMERGENCY, eff 3-29-02, EXPIRED 9-25-02
REVISION NOTE #3:
Document
#12042, effective 12-1-16, readopted with amendments Env-Wq 1700 and renumbered
various rules in the former Env-Wq 1700.
A cross-reference table of the prior rules compared to the rules in
Document #12042 is in Appendix B.
Document #12042 replaces all prior filings for rules in the former
Chapter Env-Wq 1700. The prior filings for the former Chapter Env-Wq 1700 since Document #9162
includes the following documents:
#9984,
eff 8-23-11, affecting Env-Wq 1708.12
#10726,
eff 11-22-14, affecting Env-Wq 1701.03
The rules in the former
Chapter Env-Wq 1700 which had last been filed under Document #9162 did not
expire on 5-21-16 since they were extended pursuant to RSA 541-A:14-a until
replaced by the rules in Document #12042, effective 12-1-16.
PART
Env-Wq 1701 PURPOSE;
APPLICABILITY; COMPLIANCE SCHEDULES
Env-Wq 1701.01 Purpose. The purpose of these rules is to establish
water quality standards for the state’s surface water uses as set forth in RSA
485-A:8, I, II, III and V. These standards are intended to protect
public health and welfare, enhance the quality of water and serve the purposes
of the federal Clean Water Act, 33 U.S.C. 1251 et seq., and RSA
485-A. These standards provide for the
protection and propagation of fish, shellfish, and wildlife, and provide for
such uses as recreational activities in and on the surface waters, public water
supplies, agricultural and industrial uses, and navigation in accord with RSA
485-A:8, I and II.
Source. (See
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Env-Wq 1701.02 Applicability. These rules shall apply to:
(a)
All surface waters; and
(b)
Any person who:
(1) Causes
any point or nonpoint source discharge of any pollutant to surface waters;
(2)
Undertakes hydrologic modifications, such as dam construction or water
withdrawals; or
(3) Undertakes any other activity that affects the
beneficial uses or the water quality of surface waters.
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Env-Wq 1701.03 Compliance Schedules in
NPDES Permits.
(a) A National
Pollutant Discharge Elimination System (NPDES) permit issued or renewed for a
discharge to New Hampshire surface waters, as defined herein, shall not specify
a schedule leading to compliance with New Hampshire or federal surface water
quality standards, or both, unless:
(1) The permittee cannot comply with the permit limits or other requirements immediately upon issuance of the permit; and
(2) The compliance schedule is provided to afford
the permittee adequate time to comply with one or more permit requirements or
limitations that are based on new, newly interpreted, or revised water quality
standards that became effective after issuance of the original discharge permit
and after July 1, 1977.
(b)
A compliance schedule established to meet any surface water quality
standard that applies to the New Hampshire waters receiving the discharge
shall:
(1) Include dates for specified tasks or
activities leading to compliance;
(2) Include interim effluent limits as the U.S.
Environmental Protection Agency (EPA) deems necessary; and
(3) Require compliance at the earliest
practicable time.
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PART Env-Wq 1702
DEFINITIONS
Env-Wq 1702.01 “7Q10” means the lowest average flow
that occurs for 7 consecutive days on an annual basis with a recurrence
interval of once in 10 years on average, expressed in terms of volume per time
period.
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Env-Wq 1702.02 “Acute toxicity” means an adverse
effect such as mortality or debilitation caused by an exposure of 96 hours or
less to a toxic substance.
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Env-Wq 1702.03 “Antidegradation”
means a provision of the water quality standards that maintains and protects existing
water quality and uses.
Source. (See
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Env-Wq 1702.04 “Assimilative capacity” means the
amount of a pollutant or combination of pollutants that can safely be released
to a waterbody without causing violations of
applicable water quality criteria or negatively impacting uses.
Source. (See
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Env-Wq 1702.05 “Benthic community” mean the community
of plants and animals that live on, over, or in the substrate of the surface
water.
Source. (See
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Env-Wq 1702.06 “Benthic deposit” means any sludge,
sediment, or other organic or inorganic accumulations on the bottom of the
surface water.
Source. (See
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Env-Wq 1702.07 “Best management practices” means those practices
that are determined, after problem assessment and examination of all
alternative practices and technological, economic, and institutional
considerations, to be the most effective practicable means of preventing or
reducing the amount of pollution generated by point or nonpoint sources to a
level compatible with water quality goals.
Source. (See
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Env-Wq 1702.08 “Biological integrity” means the
ability of an aquatic ecosystem to support and maintain a balanced, integrated,
adaptive community of organisms having a species composition, diversity, and
functional organization comparable to
that of similar natural habitats of a region.
Source. (See
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Env-Wq 1702.09 “Biota” means
species of plants or animals occurring in surface waters.
Source. (See
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Env-Wq
1702.10 “Chronic
toxicity” means an adverse effect, such as reduced reproductive success or
growth or poor survival of sensitive life stages, that occurs as a result of
prolonged exposure to a toxic substance.
Source. (See
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Env-Wq 1702.11 “Class A and B waters” means those surface
waters that are legislatively classified as Class A or B waters pursuant to RSA
485-A:8, I, II and III.
Source. (See
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Env-Wq
1702.12 “Clean
Water Act (CWA)” means the federal Clean Water Act, Pub. L. 92-500, as amended
by Pub. L. 95-217, Pub. L. 95-576, Pub. L. 96-483, Pub. L. 97-117, Pub. L. 100-4,
33 U.S.C. 1251 et seq.
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Env-Wq 1702.13 “Community” means one or more
populations co-occurring in surface waters.
Source. (See
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Env-Wq 1702.14 “Criterion” means:
(a)
A designated concentration of a pollutant;
(b)
A narrative statement concerning that pollutant that when not exceeded,
will protect an organism, a population, a community, or a prescribed water use;
or
(c)
A numeric value or narrative statement related to other characteristics
of the surface waters, such as flow and biological community integrity.
Source. (See
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Env-Wq 1702.15 “Cultural eutrophication” means the
human-induced addition of wastes that contain nutrients to surface waters,
resulting in excessive plant growth or a decrease in dissolved oxygen, or both.
Source. (See
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Env-Wq 1702.16 “Department” means the department of
environmental services.
Source. (See
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Env-Wq 1702.17 “Designated uses” means those uses
specified in water quality standards for each waterbody
or segment whether or not such uses are presently occurring. The term includes the following:
(a)
Swimming and other recreation in and on the water, meaning the surface
water is suitable for swimming, wading,
boating of all types, fishing, surfing, and similar activities;
(b) Fish consumption, meaning the surface water
can support a population of fish free from toxicants and pathogens that could
pose a human health risk to consumers;
(c) Shellfish consumption, meaning the tidal
surface water can support a population of shellfish free from toxicants and
pathogens that could pose a human health risk to consumers;
(d) Aquatic life integrity, meaning the surface
water can support aquatic life, including a balanced, integrated, and adaptive
community of organisms having a species composition, diversity, and functional
organization comparable to that of similar natural habitats of the region;
(e) Wildlife, meaning the surface water can
provide habitat capable of supporting any life stage or activity of
undomesticated fauna on a regular or periodic basis; and
(f) Potential drinking water supply, meaning the
surface water could be suitable for human intake and meet state and federal
drinking water requirements after adequate treatment.
Source. (See
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Env-Wq 1702.18 “Discharge” means:
(a) The addition,
introduction, leaking, spilling, or emitting of a pollutant to surface waters,
either directly or indirectly through the groundwater, whether done
intentionally, unintentionally, negligently or otherwise; or
(b) The placing of a pollutant in a location
where the pollutant is likely to enter surface waters.
Source. (See
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Env-Wq 1702.19 “Dissolved oxygen” means the oxygen dissolved
as a gas in sewage, water or other liquid expressed in milligrams per liter
(mg/l), parts per million (ppm), or percent saturation.
Source. (See
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Env-Wq 1702.20 “Effluent limitation(s)” means any
restriction(s) imposed by the department pursuant to RSA 485-A on quantities,
discharge rates, characteristics, or concentrations of pollutants, or any
combination thereof, that are allowed to be discharged to surface waters.
Source. (See
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Env-Wq 1702.21 “Epilimnion”
means the upper, well-circulated warm layer of a thermally stratified lake,
pond, impoundment or reservoir.
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Env-Wq 1702.22 “Existing uses” means those uses,
other than assimilation or waste transport, that actually occurred in the waterbody on or after November 28, 1975, whether or not
they are included in the water quality standards.
Source. (See
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Env-Wq 1702.23 “High quality waters” means any surface water
whose water quality is better than required by any aquatic life and/or human
health water quality criteria contained in these rules or other criteria
assigned to the surface water, or whose qualities and characteristics make the
surface water critical to the propagation or survival of important living
natural resources.
Source. (See
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Env-Wq
1702.24 “Industrial
waste” means “industrial waste” as defined in RSA 485-A:2, VI, as reprinted in
Appendix C.
Source. (See
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Env-Wq 1702.25 “Maintain and protect” means to
preserve the existing and designated uses of surface waters.
Source. (See
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Env-Wq 1702.26 “Mixing zone” means a defined area or
volume of the surface water surrounding or adjacent to a wastewater discharge
where the surface water, as a result of the discharge, might not meet all
applicable water quality standards.
Source. (See
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Env-Wq 1702.27 “Most sensitive use” means the use
that is most susceptible to degradation by a specific pollutant, combination of
pollutants, or activity, such as drinking, swimming, boating, fish and aquatic
life propagation, fish consumption by higher level consumers including man, or
irrigation.
Source. (See
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Env-Wq 1702.28 “Naturally-occurring conditions” means
conditions that exist in the absence of human influences.
Source. (See
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Env-Wq 1702.29 “Nephelometric
turbidity unit (NTU)” means a standard used to measure the optical property
that causes light to be scattered and absorbed rather than transmitted in
straight lines through water, as measured by a nephelometer.
Source. (See Revision
Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff 12-1-16
Env-Wq 1702.30 “Noncontact cooling water” means water
used for cooling that does not come into direct contact with any raw material,
intermediate product, waste product or finished product and to which no
pollutants, other than heat, have been added.
Source. (See
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Env-Wq 1702.31 “Nonpoint
source” means any source other than a point Source.
Source. (See
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Env-Wq 1702.32 “No observed effect concentration
(NOEC)” means the highest measured continuous concentration, in percent, of an
effluent at which no adverse effects are observed on the aquatic test
organisms.
Source. (See
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Env-Wq 1702.33 “Nuisance species” means any species
of flora or fauna living in or near the water whose noxious characteristics or
presence in sufficient number or mass prevent or interfere with a designated
use of those surface waters.
Source. (See
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Env-Wq 1702.34 “Other wastes” means “other wastes” as
defined in RSA 485-A:2, VIII, as reprinted in Appendix C.
Source. (See
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Env-Wq 1702.35 “Outstanding resource water (ORW)”
means surface waters of exceptional recreational or ecological significance.
Source. (See
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Env-Wq 1702.36 “pH” means a measure of the hydrogen
ion concentration in a solution, expressed as the logarithm to the base 10, of
the reciprocal of the hydrogen ion concentration in gram moles per liter.
Source. (See
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Env-Wq
1702.37 “Point
source” means a discernible, confined, and discrete conveyance from which
pollutants are or might be discharged, excluding return flows from irrigated
agriculture or agricultural stormwater runoff. The
term includes, but is not limited to, a pipe, ditch, channel, tunnel, conduit,
well, discrete fissure, container, rolling stock, concentrated animal feeding
operation, or vessel or other floating craft.
Source. (See
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Env-Wq 1702.38 “Pollutant”
means “pollutant” as defined in 40 CFR 122.2, as reprinted in Appendix D.
Source. (See
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Env-Wq 1702.39 “Pollution” means the man-made or
man-induced alteration of the chemical, physical, biological, or radiological
integrity of water.
Source. (See
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Env-Wq 1702.40 “Population” means a group of individuals
of one biological species co-occurring in time and space.
Source. (See
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Env-Wq 1702.41 “Publicly owned treatment works
(POTW)” means any device or system used in the treatment of municipal sewage
and/or industrial wastewater that is owned by the state or a political
subdivision of the state.
Source. (See
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Env-Wq 1702.42 “Radionuclide” means a radioactive
atomic nucleus specified by its atomic number, atomic mass and energy state.
Source. (See
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Env-Wq
1702.43 “Sewage”
means “sewage” as defined in RSA 485-A:2, X, as reprinted in Appendix C.
Source. (See
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Env-Wq 1702.44 “Surface waters” means “surface waters of the
state” as defined in RSA 485-A:2, XIV, as reprinted in Appendix C, and waters
of the United States as defined in 40 CFR 122.2.
Source. (See
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Env-Wq 1702.45 “Tainting substance” means any material that can impart
objectionable taste, odor, or color to the flesh of fish or other edible
aquatic organisms.
Source. (See
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Env-Wq 1702.46 “Tidal
waters” means those portions of the Atlantic Ocean within the jurisdiction of
the state, and all other surface waters subject to the rise and fall of the
tide.
Source. (See
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Env-Wq 1702.47 “Toxicity test” means a test to determine the
toxicity of a chemical or an effluent that involves exposing test organisms in
a laboratory setting to one or more concentrations of the chemical or dilutions
of the effluent in accordance with standard laboratory procedures.
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Env-Wq 1702.48 “Toxic unit chronic (TUc)”
means the reciprocal of the effluent dilution that causes no unacceptable
effect to the test organisms by the end of the chronic exposure period, which
can be calculated by dividing 100 by the chronic NOEC value.
Source. (See
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Env-Wq
1702.49 “Waste” means “waste” as defined
in RSA 485-A:2, XVI, as reprinted in Appendix C.
Source. (See
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Env-Wq 1702.50 “Water quality standards” means the
combination of designated uses of surface waters, and the water quality
criteria for such surface waters based upon such uses.
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Env-Wq
1702.51 “Wetland”
means “wetland” as defined in RSA 482-A:2, X, as reprinted in Appendix C. Wetlands include, but are not limited to,
swamps, marshes, bogs and similar areas as delineated in accordance with Env-Wt
100 et seq.
Source. (See
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Env-Wq 1702.52 “Zone of passage” means an area
bordering a mixing zone that is free from pollutants and allows for
unobstructed movement of aquatic organisms.
Source. (See
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PART Env-Wq 1703 WATER
QUALITY STANDARDS
Env-Wq 1703.01 Water Use Classifications;
Designated Uses.
(a) All surface waters shall be classified as
provided in RSA 485-A:8, based on the standards
established therein for class A and class B waters. Each classification shall identify the most
sensitive use it is intended to protect.
(b) All surface waters shall be restored to meet
the water quality criteria for their designated classification including
existing and designated uses, and to maintain the chemical, physical, and
biological integrity of surface waters.
(c)
All surface waters shall provide, wherever attainable, for the
protection and propagation of fish, shellfish and wildlife, and for recreation
in and on the surface waters.
(d)
Unless high or low flows are caused by naturally-occurring conditions,
surface water quantity shall be maintained at levels that protect existing uses
and designated uses.
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Env-Wq 1703.02 Wetlands Criteria.
(a)
Subject to (b), below, wetlands shall be subject to the criteria listed
in this part.
(b)
Wherever the naturally-occurring conditions of the wetlands are
different from the criteria listed in these rules, the naturally-occurring
conditions shall be the applicable water quality criteria.
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Env-Wq 1703.03 General Water Quality Criteria.
(a)
The presence of pollutants in the surface waters shall not justify
further introduction of pollutants from point or nonpoint sources, alone or in
any combination.
(b)
Once classified, state surface waters shall retain their legislated classification
until such time as they are reclassified in accordance with RSA 485-A:10, even
if they fail to meet any or all of the general, class-specific, or toxic criteria
contained in this part.
(c) Unless otherwise specifically allowed by a
statute, rule, order, or permit, the following physical, chemical, and
biological criteria shall apply to all surface waters:
(1) All surface waters shall be free from
substances in kind or quantity that:
a.
Settle to form harmful
benthic deposits;
b.
Float as foam, debris, scum
or other visible substances;
c.
Produce odor, color, taste
or turbidity that is not naturally occurring and would render the surface water
unsuitable for its designated uses;
d.
Result in the dominance of
nuisance species; or
e.
Interfere with recreational
activities;
(2) The level of radioactive materials in all
surface waters shall not be in concentrations or combinations that would:
a.
Be harmful to human, animal
or aquatic life or the most sensitive designated use;
b.
Result in radionuclides in
aquatic life exceeding the recommended limits for consumption by humans; or
c. Exceed limits specified in EPA’s national
drinking water regulations or subtitle Env-Dw,
whichever are more stringent; and
(3) Tainting substances shall not be present in
concentrations that individually or in combination are detectable by taste and
odor tests performed on the edible portions of aquatic organisms.
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Env-Wq 1703.04 Class-Specific Criteria.
(a)
In addition to the general water quality criteria specified in Env-Wq
1703.03, the class-specific criteria specified in Env-Wq 1703.05 through Env-Wq
1703.33 shall apply to all surface waters
unless otherwise specifically allowed by a statute, rule, order, or permit.
(b) The surface waters in each classification
shall satisfy all criteria applicable to the lower classification(s).
Source. (See
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Env-Wq 1703.05 Combined Sewer Overflows.
(a) An applicant for a surface water discharge
permit under RSA 485-A:13 who asserts that class B criteria cannot reasonably
be met at all times in the receiving water due to combined sewer overflows
shall conduct a use attainability analysis (UAA) in accordance with 40 CFR §
131.10 and submit the UAA to the department.
(b)
If, after public notice and comment, the department determines, based on
the UAA and any public comments received, that the UAA supports the
establishment of less stringent criteria, the department shall recommend a
change in the classification of the waterbody to the
legislature.
(c)
Exceedances of class B criteria and uses due
to combined sewer overflows shall be limited to those identified in the
long-term combined sewer overflow plan developed in accordance with “EPA
Combined Sewer Overflow (CSO) Control Policy”, EPA 830-B-94-001, dated April,
1994, available as noted in Appendix B, after full implementation of the
control measures.
Source. (See
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Env-Wq 1703.06 Bacteria.
(a)
Uses and criteria associated with bacteria shall be as set forth in RSA
485-A:8, I, II, and V, as summarized in Appendix E.
(b)
Subject to (c), below, the bacteria criteria shall be applied at the end
of a wastewater treatment facility’s discharge pipe.
(c) For any combined sewer overflow that
discharges into non-tidal surface waters, a bacteria criteria
of 1,000 Escherichia coli per 100 milliliters shall apply at the end of the
combined sewer overflow’s discharge pipe.
Source. (See
Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff
12-1-16
Env-Wq 1703.07 Dissolved
Oxygen.
(a)
Class A waters shall have a dissolved oxygen content of at least 75%
saturation, based on a daily average, and an instantaneous minimum of at least
6 mg/l at any place or time except as naturally occurs.
(b)
Except as naturally occurs and subject to (c) and (e), below, class B
waters shall have a dissolved oxygen content of:
(1) At least
75% of saturation, as specified in RSA 485-A:8, II,
based on a daily average; and
(2) An
instantaneous minimum dissolved oxygen concentration of at least 5 mg/l.
(c) In areas identified by the New Hampshire fish
and game department (NHF&G) as cold water fish spawning areas of species
whose early life stages are buried in the gravel on the bed of the surface
water, the 7 day mean dissolved oxygen
concentration shall be at least 9.5 mg/l and the instantaneous minimum
dissolved oxygen concentration shall be at least 8 mg/l for the period from
October 1 of one year to May 14 of the next year, provided that the time
period shall be extended to June 30 for a specific discharge to a specific waterbody if modeling done in consultation with the
NHF&G determines the extended period is necessary to protect spring spawners or late hatches of fall spawners, or both.
(d) Unless naturally occurring or subject to (a), above,
surface waters within the top 25 percent of depth of thermally unstratified lakes, ponds, impoundments, and reservoirs or
within the epilimnion shall contain a dissolved
oxygen content of at least 75 percent saturation, based on a daily average and
an instantaneous minimum dissolved oxygen content of at least 5 mg/l. Unless
naturally occurring, the dissolved oxygen content below those depths shall be
consistent with that necessary to maintain and protect existing and designated uses.
(e) As specified in RSA 485-A:8, III, waters
in a
temporary partial use area established under RSA 485-A:8, II as a surface water
that is receiving a combined sewer overflow discharge shall contain not less
than 5 parts per million of dissolved oxygen for the duration of the discharge
and up to 3 days following cessation of the discharge.
Source. (See
Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff
12-1-16
Env-Wq 1703.08 Benthic
Deposits.
(a)
Class A waters shall contain no benthic deposits, unless naturally
occurring.
(b)
Class B waters shall contain no benthic deposits that have a detrimental
impact on the benthic community, unless naturally occurring.
Source. (See
Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff
12-1-16
Env-Wq 1703.09 Oil and Grease.
(a)
Class A waters shall contain no oil or grease, unless naturally
occurring.
(b)
Class B waters shall contain no oil or grease in such concentrations
that would impair any existing or designated uses.
Source. (See
Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff
12-1-16
Env-Wq 1703.10 Color.
(a)
Class A waters shall contain no color, unless naturally occurring.
(b)
Class B waters shall contain no color in such concentrations that would
impair any existing or designated uses, unless naturally occurring.
Source. (See
Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff
12-1-16
Env-Wq 1703.11 Turbidity.
(a)
Class A waters shall contain no turbidity, unless naturally occurring.
(b)
Class B waters shall not exceed naturally occurring conditions by more
than 10 NTUs.
(c)
Turbidity in waters identified in RSA 485-A:8,
III shall comply with the applicable long-term combined sewer overflow plan
prepared in accordance with Env-Wq 1703.05(c).
(d)
For purposes of state enforcement actions, if a discharge causes or
contributes to an increase in turbidity of 10 NTUs or more above the turbidity
of the receiving water upstream of the discharge or otherwise outside of the
visible discharge, a violation of the turbidity standard shall be deemed to
have occurred.
Source. (See
Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff
12-1-16
Env-Wq 1703.12 Slicks, Odors, and Surface
Floating Solids.
(a)
Class A waters shall contain no slicks, odors, or surface floating
solids unless naturally occurring.
(b) Class B waters shall contain no slicks,
odors, or surface floating solids that would impair any existing or designated
use, unless naturally occurring.
(c) Slicks, odors, and
surface floating solids in waters in temporary partial use areas shall comply with the
applicable long-term combined sewer overflow plan prepared in accordance with
Env-Wq 1703.05(c).
Source. (See
Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff
12-1-16
Env-Wq 1703.13 Temperature.
(a)
There shall be no change in temperature in class A
waters, unless naturally occurring.
(b)
Temperature in class B waters shall be as specified in RSA 485-A:8, II and VIII.
Source. (See
Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff
12-1-16
Env-Wq 1703.14 Nutrients.
(a)
Class A waters shall contain no phosphorus or nitrogen unless naturally
occurring.
(b)
Class B waters shall contain no phosphorus or nitrogen in such
concentrations that would impair any existing or designated uses, unless
naturally occurring.
(c)
Existing discharges containing phosphorus or nitrogen, or both, which
encourage cultural eutrophication shall be treated to remove the nutrient(s) to
ensure attainment and maintenance of water quality standards.
(d)
There shall be no new or increased discharge of phosphorus into lakes or
ponds.
(e) There shall be no new or increased discharge
containing phosphorus or nitrogen to tributaries of lakes or ponds that would
contribute to cultural eutrophication or growth of weeds or algae in such lakes
and ponds.
Source. (See
Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff
12-1-16
Env-Wq 1703.15 Gross Beta Radioactivity. Class A and B waters shall not contain gross
beta radioactivity in excess of 1,000 picocuries per liter.
Source. (See
Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff
12-1-16
Env-Wq 1703.16 Strontium-90. Class A and B waters shall not contain
strontium-90 in excess of 10 picocuries per liter.
Source. (See
Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff
12-1-16
Env-Wq 1703.17 Radium-226. Class A and B waters shall contain no
radium-226 in excess of 3 picocuries per liter.
Source. (See
Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff
12-1-16
Env-Wq 1703.18 pH.
(a) The pH of class A
waters shall be as naturally occurs.
(b) As specified in RSA 485-A:8,
II, the pH of class B waters shall be 6.5 to 8.0 unless due to natural causes.
(c) As specified in RSA 485-A:8,
III, the pH of waters in temporary partial use areas shall be 6.0 to 9.0 unless
due to natural causes.
Source. (See
Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff
12-1-16
Env-Wq 1703.19 Biological
and Aquatic Community Integrity.
(a)
All surface waters shall support and maintain a balanced, integrated,
and adaptive community of organisms having a species composition, diversity,
and functional organization comparable to that of similar natural habitats of a
region.
(b) Differences from naturally-occurring
conditions shall be limited to non-detrimental differences in community
structure and function.
Source. (See
Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff
12-1-16
Env-Wq 1703.20 Risk
Factors for Human Health Criteria.
(a)
The department shall use a risk factor of one in 1,000,000 when
determining human health criteria for all new discharges.
(b)
The department shall use a one in 1,000,000 risk factor when determining
human health criteria for any modification to a permit for an existing
discharge unless the applicant for a water discharge permit can demonstrate
that the criteria obtained using the one in 1,000,000 risk factor cannot be
achieved because it is either technologically impossible or economically
unfeasible.
(c)
When establishing an alternative risk factor under (b), above, the
department shall not allow a risk factor greater than one in 100,000.
Source. (See
Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff
12-1-16
Env-Wq 1703.21 Water Quality Criteria for
Toxic Substances.
(a)
Unless naturally occurring or allowed under Env-Wq 1707, all surface
waters shall be free from toxic substances or chemical constituents in
concentrations or combinations that:
(1) Injure
or are inimical to plants, animals, humans or aquatic life; or
(2) Persist
in the environment or accumulate in aquatic organisms to levels that result in
harmful concentrations in:
a. Edible
portions of fish, shellfish, other aquatic life, or
b. Wildlife
that might consume aquatic life.
(b)
Unless allowed under Env-Wq 1707 or naturally occurring, concentrations
of toxic substances in all surface waters shall not exceed the recommended safe
exposure levels of the most sensitive surface water use shown in Table 1703-1,
subject to the notes in Env-Wq 1703.22, as follows:
Table 1703-1: Water Quality Criteria For Toxic Substances
CAS Number |
Chemical Name |
Protection of Aquatic
Life Concentration in
micrograms per liter (μg/l) |
Protection of Human
Health Units per Liter |
||||||||||||
Fresh Acute Criteria |
Fresh Chronic Criteria |
Marine Acute Criteria |
Marine Chronic Criteria |
Water & Fish Ingestion |
Fish Consumption Only |
||||||||||
83329 |
Acenaphthene |
1,700 |
520 |
970 |
710 |
20 μg j |
20 μg j |
||||||||
107028 |
Acrolein |
3 |
3 |
55 |
-- |
6 μg |
400 μg |
||||||||
107131 |
Acrylonitrile |
7,550 |
2,600 |
-- |
-- |
0.061 μg c |
7 μg c |
||||||||
309002 |
Aldrin |
3.0 k |
-- |
1.3 k |
-- |
0.049 ng c |
0.05 ng c |
||||||||
N/A |
Alkalinity |
-- |
20,000 u |
-- |
-- |
-- |
-- |
||||||||
7429905 |
Aluminum |
750 s |
87 s |
-- |
-- |
-- |
-- |
||||||||
7664417 |
Ammonia
a |
Note a |
Note a |
Note a |
Note a |
-- |
-- |
||||||||
62533 |
Aniline |
28 |
14 |
77 |
37 |
-- |
-- |
||||||||
120127 |
Anthracene |
(see Polynuclear Aromatic
Hydrocarbons) |
8,300 μg |
40,000 μg |
|||||||||||
7440360 |
Antimony |
9,000 |
1,600 |
-- |
-- |
5.6 μg |
640 μg |
||||||||
7440382 |
Arsenic |
340 d, i |
150 d, i |
69 d, i |
36 d, i |
18 ng b, c |
140 ng b, c |
||||||||
1332214 |
Asbestos |
-- |
-- |
-- |
-- |
7,000,000 fibres c |
-- |
||||||||
7440393 |
Barium |
-- |
-- |
-- |
-- |
1.0 mg |
-- |
||||||||
71432 |
Benzene |
5,300 |
-- |
5,100 |
700 |
2.2 μg c |
58 μg c |
||||||||
92875 |
Benzidine |
2,500 |
-- |
-- |
-- |
0.14 ng c |
11 ng c |
||||||||
56553 |
Benzo(a)
Anthracene |
(see
Polynuclear Aromatic Hydrocarbons) |
0.0038 μg c |
0.018 μg c |
|||||||||||
50328 |
Benzo(a)
Pyrene |
(see
Polynuclear Aromatic Hydrocarbons) |
0.0038 μg c |
0.018 μg c |
|||||||||||
205992 |
Benzo(b)
Fluoranthene |
(see
Polynuclear Aromatic Hydrocarbons) |
0.0038 μg c |
0.018 μg c |
|||||||||||
192972 |
Benzo(e)
Pyrene |
(see
Polynuclear Aromatic Hydrocarbons) |
-- |
-- |
|||||||||||
191242 |
Benzo(g,h,i) Perylene |
(see
Polynuclear Aromatic Hydrocarbons) |
-- |
-- |
|||||||||||
205823 |
Benzo(j)
Fluoranthene |
(see
Polynuclear Aromatic Hydrocarbons) |
-- |
-- |
|||||||||||
207089 |
Benzo(k)
Fluoranthene |
(see
Polynuclear Aromatic Hydrocarbons) |
0.012 μg c |
0.018 μg c |
|||||||||||
7440417 |
Beryllium |
130 |
5.3 |
-- |
-- |
Note 1 |
-- |
||||||||
N/A |
BHC (Hexachloro-cyclohexane) |
100 e |
-- |
0.34 e |
-- |
(see individual compounds) |
|||||||||
319846 |
alpha-BHC |
(see
BHC) |
2.6 ng c |
4.9 ng c |
|||||||||||
319857 |
beta-BHC |
(see
BHC) |
9.1 ng c |
17 ng c |
|||||||||||
319868 |
delta-BHC |
(see
BHC) |
0.0123 μg |
0.0414 μg |
|||||||||||
58899 |
gamma-BHC
(Lindane) |
0.95 |
0.08 |
0.16 k |
-- |
4.2 μg l |
4.4 μg |
||||||||
608731 |
technical-BHC |
(see Hexachlorocyclo-hexane-(Technical))
|
(see Hexachlorocyclo-hexane-(Technical)) |
||||||||||||
111911 |
Bis
(2-Chloroethoxy) methane |
(see
Chloroalkyl ethers) |
-- |
-- |
|||||||||||
111444 |
Bis
(2-Chloroethyl) Ether |
(see
Chloroalkyl ethers) |
0.03 μg c |
2.2 μg c |
|||||||||||
108601 |
Bis
(2-Chloroiso- propyl) ether |
(see
Chloroalkyl ethers) |
1,400 μg |
65,000 μg |
|||||||||||
117817 |
Bis
(2-Ethylhexy)Phthalate |
(see
Phthalate esters) |
1.2 μg c |
2.2 μg c |
|||||||||||
75252 |
Bromoform |
(see
Halomethanes) |
7 μg c |
140 μg c |
|||||||||||
101553 |
4-Bromophenyl
phenyl ether |
(see
Haloethers) |
-- |
-- |
|||||||||||
85687 |
Butyl
benzyl phthalate |
(see
Phthalate esters) |
1,500 μg |
1,900 μg |
|||||||||||
7440439 |
Cadmium
i |
0.39 f, d |
0.21 f, d |
33 d |
7.9 d |
Note 1 |
-- |
||||||||
63252 |
Carbaryl |
2.1 |
2.1 |
1.6 |
-- |
-- |
-- |
||||||||
56235 |
Carbon
Tetrachloride |
35,200 |
-- |
50,000 |
-- |
0.4 μg c |
5 μg c |
||||||||
57749 |
Chlordane |
2.4 k |
0.0043 k |
0.09 k |
0.004 k |
0.8 ng c |
0.81 ng c |
||||||||
N/A |
Chlorinated
benzenes |
250 e |
50 e |
160 e |
129 e |
(see individual compounds) |
|||||||||
108907 |
Chlorobenzene |
(See
Chlorinated benzenes) |
20 μg j |
20 μg j |
|||||||||||
16887006 |
Chlorides |
860,000 |
230,000 |
-- |
-- |
-- |
-- |
||||||||
70776033 |
Chlorinated
napthalenes |
1,600e |
-- |
7.5e |
-- |
(see individual compounds) |
|||||||||
7782505 |
Chlorine |
19 |
11 |
13 |
7.5 |
Note 1 |
-- |
||||||||
N/A |
Chloroalkyl ethers |
238,000e |
-- |
-- |
-- |
(see individual compounds) |
|||||||||
111444 |
Chloroethyl ether (Bis-2) |
see
Bis (2-Chloroethyl) Ether
|
see Bis (2-Chloroethyl)
Ether |
||||||||||||
110758 |
Chloroethyl vinyl ether-2 |
(see
Chloroalkyl ethers) |
-- |
-- |
|||||||||||
124481 |
Chlorodibromomethane |
(see
Halomethanes) |
0.8 μg c |
21 μg c |
|||||||||||
111911 |
Chloroethoxy methane (Bis-2) |
(see Bis
(2-Chloroethoxy) methane) |
(see Bis (2-Chloroethoxy)
methane) |
||||||||||||
67663 |
Chloroform |
28,900 |
1,240 |
(see
Halomethanes) |
60 μg c |
2,000 μg c |
|||||||||
108601 |
Chloroisopropyl ether (Bis-2) |
see Bis
(2-Chloroisopropyl) ether |
see Bis
(2-Chloroisopropyl) ether |
||||||||||||
59507 |
p-Chloro-m-cresol |
(see
3-Methyl-4-chlorophenol) |
(see 3-Methyl-4-chlorophenol) |
||||||||||||
542881 |
Chloromethyl ether (Bis) |
(see
Chloroalkyl ethers) |
0.15 ng c |
0.17 ng c |
|||||||||||
91587 |
Chloronaphthalene 2 |
(see
Chlorinated naphthalenes) |
1,000 μg |
1,600 μg |
|||||||||||
95578 |
Chlorophenol 2 |
4,380 |
2,000 |
-- |
-- |
0.1 μg j |
0.1 μg j |
||||||||
108430 |
Chlorophenol 3 |
-- |
-- |
-- |
-- |
0.1 μg j |
0.1 μg j |
||||||||
106489 |
Chlorophenol 4 |
-- |
-- |
29,700 |
-- |
0.1 μg j |
0.1 μg j |
||||||||
93721 |
Chlorophenoxy herbicides (2,4,5-TP) |
-- |
-- |
-- |
-- |
100 μg l |
-- |
||||||||
94757 |
Chlorophenoxy herbicides (2,4-D) |
-- |
-- |
-- |
-- |
1,300 μg l |
-- |
||||||||
7005723 |
Chlorophenyl phenyl ether 4 |
(see
Haloethers) |
-- |
-- |
|||||||||||
2921882 |
Chlorpyrifos |
0.083 |
0.041 |
0.011 |
0.0056 |
-- |
-- |
||||||||
59507 |
Chloro-4
Methyl-3 Phenol |
(see
3-Methyl-4-chlorophenol) |
(see 3-Methyl-4-chlorophenol) |
||||||||||||
18540299 |
Chromium+6 |
16 d, i |
11 d, i |
1,100 d, i |
50 d, i |
note l |
-- |
||||||||
16065831 |
Chromium+3 |
152 f, d, i |
19.8 f, d ,i |
10,300 |
-- |
note l |
-- |
||||||||
218019 |
Chrysene |
(see
Polynuclear Aromatic Hydrocarbons) |
0.12 μg c |
0.13 μg c |
|||||||||||
7440508 |
Copper
i |
2.9 f, d |
2.3 f, d |
4.8 d |
3.1 d |
1,000 μg j |
1,000 μg j |
||||||||
57125 |
Cyanide |
22m |
5.2m |
1.0m |
1.0m |
140 μg q |
140 μg q |
||||||||
72559 |
DDE(4,4') |
1,050 |
-- |
14 |
-- |
0.22 ng c |
0.22 ng c |
||||||||
72548 |
DDD(4,4') |
0.6 |
-- |
3.6 |
-- |
0.31 ng c |
0.31 ng c |
||||||||
50293 |
DDT(4,4') |
1.1k, t |
0.001k, t |
0.13k, t |
0.001k, t |
0.22 ng c |
0.22 ng c |
||||||||
8065483 |
Demeton |
-- |
0.1 |
-- |
0.1 |
-- |
-- |
||||||||
333415 |
Diazinon |
0.17 |
0.17 |
0.82 |
0.82 |
-- |
-- |
||||||||
53703 |
Dibenzo(a,h)Anthracene |
(see
Polynuclear Aromatic Hydrocarbons) |
0.0038 μg c |
0.018 μg c |
|||||||||||
84742 |
Dibutyl
Phthalate |
(see
Di-n-butyl Phthalate) |
(see Di-n-butyl Phthalate) |
||||||||||||
N/A |
Dichlorobenzenes |
1,120e |
763e |
1,970e |
-- |
(see individual compounds) |
|||||||||
95501 |
Dichlorobenzene(1,2) |
(see
Dichlorobenzenes) |
1,000 μg l |
3,000 μg |
|||||||||||
541731 |
Dichlorobenzene(1,3) |
(see
Dichlorobenzenes) |
320 μg |
960 μg |
|||||||||||
106467 |
Dichlorobenzene(1,4) |
(see
Dichlorobenzenes) |
300 μg l |
900 μg |
|||||||||||
91941 |
Dichlorobenzidine(3,3') |
-- |
-- |
-- |
-- |
0.049 μgc |
0.15 μg c |
||||||||
75274 |
Dichlorobromomethane |
(see
Halomethanes) |
0.95 μg c |
27 μg c |
|||||||||||
75718 |
Dichlorodifluoromethane |
(see
Halomethanes) |
6.9 mg c |
570 mg c |
|||||||||||
107062 |
Dichloroethane(1,2) |
118,000 |
20,000 |
113,000 |
-- |
9.9 μg c |
650 μg c |
||||||||
25323302 |
Dichloroethylenes |
11,600 e |
-- |
224,000 e |
-- |
(see individual compounds) |
|||||||||
75354 |
Dichloroethylene(1,1) |
(see
Dichloroethylenes) |
330 μg l |
20,000 μg |
|||||||||||
156605 |
Dichloroethylene (1,2-Trans) |
(see
Dichloroethylenes) |
140 μg l |
10,000 μg |
|||||||||||
576249 |
Dichlorophenol(2,3) |
-- |
-- |
-- |
-- |
0.04 μg j |
0.04 μg j |
||||||||
120832 |
Dichlorophenol(2,4) |
2,020 |
365 |
-- |
-- |
0.3 μg j |
0.3 μg j |
||||||||
583788 |
Dichlorophenol(2,5) |
-- |
-- |
-- |
-- |
0.5 μg j |
0.5 μg j |
||||||||
87650 |
Dichlorophenol(2,6) |
-- |
-- |
-- |
-- |
0.2 μg j |
0.2 μg j |
||||||||
95772 |
Dichlorophenol(3,4) |
-- |
-- |
-- |
-- |
0.3 μg j |
0.3 μg j |
||||||||
26638197 |
Dichloropropanes |
23,000 e |
5,700 e |
10,300 e |
3,040 e |
(see individual compounds) |
|||||||||
78875 |
Dichloropropane(1,2) |
(see
Dichloropropanes) |
0.9 μg c |
31
μg c |
|||||||||||
26952238 |
Dichloropropenes |
6,060 e |
244 e |
790 e |
-- |
(see individual compounds) |
|||||||||
542756 |
Dichloropropene(1,3) |
(see
Dichloropropenes) |
0.34 μg
c |
21 μg
c |
|||||||||||
60571 |
Dieldrin |
0.24 |
0.056 |
0.71k |
0.0019k |
0.052 ng c |
0.054 ng c |
||||||||
84662 |
Diethyl
Phthalate |
-- |
-- |
-- |
-- |
17 mg |
44 mg |
||||||||
105679 |
Dimethyl
Phenol(2,4) |
1,300 |
530 |
270 |
110 |
380 μg |
400 μg j |
||||||||
131113 |
Dimethyl
Phthalate |
(see
Phthalate esters) |
270 mg |
1.1 g |
|||||||||||
84742 |
Di-n-butyl
Phthalate |
(see
Phthalate esters) |
2 mg |
4.5 mg |
|||||||||||
N/A |
Dinitrotoluenes |
330 e |
230 e |
590 e |
370 e |
(see individual compounds) |
|||||||||
121142 |
Dinitrotoluene(2,4) |
(see
Dinitrotoluenes) |
0.11 μg c |
3.4 μg c |
|||||||||||
606202 |
Dinitrotoluene(2,6) |
(see
Dinitrotoluenes) |
-- |
-- |
|||||||||||
N/A |
Dinitro-o-cresol
(2,4) |
(see
Nitrophenols) |
13.4 μg |
765 μg |
|||||||||||
534521 |
Dinitro-o-cresol
(4,6) |
(see 2
Methyl-4,6-Dinitrophenol) |
(see 2 Methyl-4,6-Dinitrophenol) |
||||||||||||
25550587 |
Dinitrophenols |
(see
Nitrophenols) |
69 μg |
5,300 μg |
|||||||||||
51285 |
Dinitrophenol(2,4) |
(see
Nitrophenols) |
69 μg |
5,300 μg |
|||||||||||
117840 |
Di-n-octyl phthalate |
(see
Phthalate esters) |
-- |
-- |
|||||||||||
1746016 |
2,3,7,8-TCDD
(Dioxin) |
-- |
-- |
-- |
-- |
0.000005 ng c |
0.0000051 ng c |
||||||||
122667 |
Diphenylhydrazine(1,2) |
270 |
-- |
-- |
-- |
0.036 μg c |
0.2 μg c |
||||||||
117817 |
Di-2-ethylhexyl
phthalate |
(see Bis
(2-Ethylhexy)Phthalate |
(see Bis
(2-Ethylhexy)Phthalate |
||||||||||||
959988 |
alpha-Endosulfan |
0.22 k, r |
0.056 k, r |
0.034 k, r |
0.0087 k, r |
62 μg |
89 μg |
||||||||
33213659 |
beta-Endosulfan |
0.22 k, r |
0.056 k, r |
0.034 k, r |
0.0087 k, r |
62 μg |
89 μg |
||||||||
1031078 |
Endosulfan
Sulfate |
-- |
-- |
-- |
-- |
62 μg |
89 μg |
||||||||
72208 |
Endrin |
0.086 |
0.036 |
0.037 k |
0.0023 k |
0.059 μg |
0.06 μg |
||||||||
7421934 |
Endrin
Aldehyde |
-- |
-- |
-- |
-- |
1 μg |
1 μg |
||||||||
100414 |
Ethylbenzene |
32,000 |
-- |
430 |
-- |
530 μg |
2,100 μg |
||||||||
206440 |
Fluoranthene |
(see Polynuclear
Aromatic Hydrocarbons) |
130 μg |
140 μg |
|||||||||||
86737 |
Fluorene |
(see
Polynuclear Aromatic Hydrocarbons) |
1,100 μg |
5,300 μg |
|||||||||||
86500 |
Guthion |
-- |
0.01 |
-- |
0.01 |
-- |
-- |
||||||||
N/A |
Haloethers |
360 e |
122 e |
-- |
-- |
(see individual compounds) |
|||||||||
N/A |
Halomethanes |
11,000 e |
-- |
12,000 e |
6,400 e |
(see individual
compounds) |
|||||||||
76448 |
Heptachlor |
0.52 k |
0.0038 k |
0.053 k |
0.0036 k |
0.079 ng c |
0.079 ng c |
||||||||
1024573 |
Heptachlor
Epoxide |
0.52 k |
0.0038 k |
0.053 k |
0.0036 k |
0.039 ng c |
0.039 ng c |
||||||||
67721 |
Hexachloroethane |
980 |
540 |
940 |
-- |
1.4 μg c |
3.3 μg c |
||||||||
118741 |
Hexachlorobenzene |
(see
Chlorinated benzenes) |
0.28 ng c |
0.29 ng c |
|||||||||||
87683 |
Hexachlorobutadiene |
90 |
9.3 |
32 |
-- |
0.44 μg c |
18 μg c |
||||||||
608731 |
Hexachlorocyclo-hexane-(Technical) |
(see
BHC) |
0.0123 μg |
0.0414 μg |
|||||||||||
77474 |
Hexachlorocyclopentadiene |
7.0 |
5.2 |
7.0 |
-- |
1.0 j |
1.0 j |
||||||||
193395 |
Ideno(1,2,3-cd)Pyrene |
(see
Polynuclear Aromatic Hydrocarbons) |
0.0038 μg c |
0.018 μg c |
|||||||||||
7439896 |
Iron |
-- |
1,000 |
-- |
-- |
0.3 mg j |
-- |
||||||||
78591 |
Isophorone |
117,000 |
-- |
12,900 |
-- |
35 μg c |
1,800 μg c |
||||||||
7439921 |
Lead
i |
10.5 f, d |
0.41 f, d |
210 d |
8.1 d |
-- |
-- |
||||||||
121755 |
Malathion |
-- |
0.1 |
-- |
0.1 |
-- |
-- |
||||||||
7439965 |
Manganese |
-- |
-- |
-- |
-- |
50 μg j |
100 μg |
||||||||
7439976 |
Mercury |
1.4 d, i |
0.77 d, i |
1.8 d, i |
0.94 d, i |
0.05 μg |
0.051 μg |
||||||||
72435 |
Methoxychlor |
-- |
0.03 |
-- |
0.03 |
100 μg l |
-- |
||||||||
74839 |
Methyl
Bromide |
(see
Halomethanes) |
100 μg |
10,000 μg |
|||||||||||
74873 |
Methyl
Chloride |
(see
Halomethanes) |
-- |
-- |
|||||||||||
75092 |
Methylene
Chloride |
(see
Halomethanes) |
20 μg c |
1,000 μg c |
|||||||||||
22967926 |
Methylmercury |
see Mercury |
-- |
0.3 mg/kg g |
|||||||||||
534521 |
2
Methyl-4,6-Dinitrophenol |
(see
Nitrophenols) |
13 μg |
280 μg |
|||||||||||
1570645 |
2-Methyl-4-chlorophenol |
-- |
-- |
-- |
-- |
1,800 μg j |
1,800 μg j |
||||||||
59507 |
3-Methyl-4-chlorophenol |
30 |
-- |
-- |
-- |
3,000 μg j |
3,000 μg j |
||||||||
615747 |
3-Methyl-6-chlorophenol |
-- |
-- |
-- |
-- |
20 μg j |
20 μg j |
||||||||
2385855 |
Mirex |
-- |
0.001 |
-- |
0.001 |
-- |
-- |
||||||||
91203 |
Naphthalene |
2,300 |
620 |
2,350 |
-- |
-- |
-- |
||||||||
7440020 |
Nickel
i |
120.0 f, d |
13.3 f, d |
74 d |
8.2 d |
610 μg |
4,600 μg |
||||||||
14797558 |
Nitrates |
-- |
-- |
-- |
-- |
10 mg |
-- |
||||||||
98953 |
Nitrobenzene |
27,000 |
-- |
6,680 |
-- |
17 μg |
30 μgj |
||||||||
25154556 |
Nitrophenols |
230 e |
150 e |
4,850 e |
-- |
(see individual compounds) |
|||||||||
88755 |
Nitrophenol 2 |
(see
Nitrophenols) |
-- |
-- |
|||||||||||
100027 |
Nitrophenol 4 |
(see
Nitrophenols) |
-- |
-- |
|||||||||||
N/A |
Nitrosamines |
5,850 e |
-- |
3,300,000 e |
-- |
0.8 ng |
1.24 μg |
||||||||
924163 |
Nitrosodibutylamine N |
(see
Nitrosamines) |
6.3 ng c |
220 ng c |
|||||||||||
55185 |
Nitrosodiethylamine N |
(see
Nitrosamines) |
0.8 ng c |
1,240 ng c |
|||||||||||
62759 |
Nitrosodimethylamine N |
(see
Nitrosamines) |
0.69 ng c |
3 μg c |
|||||||||||
621647 |
Nitrosodi-n-propylamine N |
(see
Nitrosamines) |
0.005 μg c |
0.51 μg c |
|||||||||||
86306 |
Nitrosodiphenylamine N |
(see
Nitrosamines) |
3.3 μg c |
6 μg c |
|||||||||||
930552 |
Nitrosopyrrolidine N |
(see
Nitrosamines) |
16 ng c |
34,000 ng c |
|||||||||||
84852153 |
Nonylphenol |
28 |
6.6 |
7 |
1.7 |
-- |
-- |
||||||||
56382 |
Parathion |
0.065 |
0.013 |
-- |
-- |
-- |
-- |
||||||||
1336363 |
PCB |
2.0 e, n |
0.014 e,
n |
10.0 e, n |
0.03 e, n |
0.064 ng c, n |
0.064 ng c, n |
||||||||
N/A |
PCB-1242 |
(see
PCB) |
(see
PCB) |
(see
PCB) |
|||||||||||
N/A |
PCB-1254 |
(see
PCB) |
(see
PCB) |
(see
PCB) |
|||||||||||
N/A |
PCB-1221 |
(see
PCB) |
(see
PCB) |
(see
PCB) |
|||||||||||
N/A |
PCB-1248 |
(see
PCB) |
(see
PCB) |
(see
PCB) |
|||||||||||
N/A |
PCB-1260 |
(see
PCB) |
(see
PCB) |
(see
PCB) |
|||||||||||
N/A |
PCB-1016 |
(see
PCB) |
(see
PCB) |
(see
PCB) |
|||||||||||
76017 |
Pentachloroethane |
7,240 |
1,100 |
390 |
281 |
-- |
-- |
||||||||
608935 |
Pentachlorobenzene |
(see
Chlorinated benzenes) |
1.4 μg |
1.5 μg |
|||||||||||
87865 |
Pentachlorophenol |
5.28 h |
4.05 h |
13 |
7.9 |
0.27 μg c |
3 μg c |
||||||||
85018 |
Phenanthrene |
(see
Polynuclear Aromatic Hydrocarbons) |
-- |
-- |
|||||||||||
108952 |
Phenol |
10,200 |
2,560 |
5,800 |
-- |
300 μg j |
300 μg j |
||||||||
N/A |
Phthalate
Esters |
940 e |
3 e |
2,944 e |
3.4 e |
-- |
-- |
||||||||
1336363 |
Polychlorinated
Biphenyls |
(see
PCBs) |
(see PCB) |
(see PCB) |
|||||||||||
N/A |
Polynuclear Aromatic Hydrocarbons |
-- |
-- |
300 e |
-- |
(see individual compounds) |
|||||||||
129000 |
Pyrene |
(see
Polynuclear Aromatic Hydrocarbons) |
830 μg |
4,000 μg |
|||||||||||
7782492 |
Selenium |
-- |
5 |
290d,i |
71d,i |
170 μg l |
4,200 μg |
||||||||
7440224 |
Silver |
0.20d,f, i |
-- |
1.9d,i,k |
-- |
105 μg p |
65 mg p |
||||||||
7783064 |
Sulfide-Hydrogen
Sulfide |
-- |
2.0 |
-- |
2.0 |
-- |
-- |
||||||||
95943 |
Tetrachlorobenzene 1,2,4,5 |
(see
Chlorinated benzenes) |
0.97 μg |
1.1 μg |
|||||||||||
79345 |
Tetrachloroethane 1,1,2,2 |
(see Tetrachlor-oethanes) |
2,400 |
9,020 |
-- |
0.2 μg c |
4 μg c |
||||||||
25322207 |
Tetrachloroethanes |
9,320 e |
-- |
-- |
-- |
(see individual compounds) |
|||||||||
127184 |
Tetrachloroethylene |
5,280 |
840 |
10,200 |
450 |
10 μg c |
29 μg c |
||||||||
935955 |
Tetrachlorophenol 2,3,5,6 |
-- |
-- |
440 |
-- |
-- |
-- |
||||||||
58902 |
Tetrachlorophenol 2,3,4,6 |
-- |
-- |
-- |
-- |
1.0 μg j |
1.0 μg j |
||||||||
7440280 |
Thallium |
1,400 |
40 |
2,130 |
-- |
0.24 μg |
0.47 μg |
||||||||
108883 |
Toluene |
17,500 |
-- |
6,300 |
5,000 |
1.3 mgl |
15 mg |
||||||||
8001352 |
Toxaphene |
0.73 |
0.0002 |
0.21 |
0.0002 |
0.70 ng c |
0.71 ng c |
||||||||
N/A |
Tributyltin (TBT) |
0.46 |
0.072 |
0.42 |
0.0074 |
-- |
-- |
||||||||
N/A |
Trichlorinated Ethanes |
18,000 e |
-- |
-- |
-- |
(see individual compounds) |
|||||||||
120821 |
Trichlorbenzene 1,2,4 |
(see
Chlorinated benzenes) |
35 μg |
70 μg |
|||||||||||
71556 |
Trichloroethane 1,1,1 |
-- |
-- |
31,200 |
-- |
Note 1 |
-- |
||||||||
79005 |
Trichloroethane 1,1,2 |
-- |
9,400 |
-- |
-- |
0.59 μg c |
16 μg c |
||||||||
79016 |
Trichloroethylene |
45,000 |
21,900 |
2,000 |
-- |
2.5 μg c |
30 μg c |
||||||||
75694 |
Trichlorofluoromethane |
(see
Halomethanes) |
10 mg |
860 mg |
|||||||||||
95954 |
Trichlorophenol 2,4,5 |
-- |
-- |
-- |
-- |
1.0 μg j |
1.0 μg j |
||||||||
88062 |
Trichlorophenol 2,4,6 |
-- |
970 |
-- |
-- |
1.5 μg c |
2.0 μg c, j |
||||||||
75014 |
Vinyl Chloride |
-- |
-- |
-- |
-- |
0.025 μg c |
2.4 μg c |
||||||||
7440666 |
Zinc i |
30.0 f, d |
30.0 f, d |
90d |
81d |
5,000 μg j |
5,000 μg j |
||||||||
Source. (See
Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff 12-1-16
Env-Wq 1703.22 Notes
For Table 1703-1. The following
shall apply to Table 1703-1:
(a)
The letter “a” shall indicate that the freshwater and saltwater aquatic
life criteria for ammonia are shown in Env-Wq 1703.25 through Env-Wq 1703.32.
(b)
The letter “b” shall indicate that the criteria refer to the inorganic
form only.
(c)
The letter “c” shall indicate that these criteria for the protection of
human health are based on carcinogenicity using a risk factor of one in
1,000,000, while the human health criteria without this footnote are based on
systemic toxicity. Other risk factors
shall be allowed only as specified in Env-Wq 1703.20.
(d)
The letter “d” shall indicate that criteria for these metals are
expressed as a function of the water effect ratio (WER) as defined in 40 CFR
131.36(c), and that because the values displayed in Table 1703-1 correspond to
a WER of 1.0, metals criteria for different WERs shall be determined using the
procedures described in the EPA publication “Interim Guidance on Determination
and Use of Water-Effect Ratios for Metals”, EPA-823-B-94-001, dated February
1994, available as noted in Appendix B, provided that for copper, either of the
following references, both available as noted in Appendix B, may be used:
(1) The
“Streamlined Water-Effect Ratio procedure for Discharges of Copper”,
EPA-822-R-01-005, dated March 2001; or
(2) The
Biotic Ligand Model (freshwater only) as described in “Aquatic Life Ambient Freshwater Quality Criteria -
Copper”,
EPA-822-R-07-001, dated February 2007.
(e)
The letter “e” shall indicate that the following classes of compounds
have 2 or more isomers and the appropriate aquatic life criteria apply to the
sum of the concentrations of each isomer:
(1) BHC;
(2) Chlorinated benzenes;
(3) Chlorinated naphthalenes;
(4) Chloroalkyl ethers;
(5) Dichlorobenzenes;
(6) Dichloroethylenes;
(7) Dichloropropanes;
(8) Dichloropropenes;
(9) Dinitrotoluenes;
(10) Haloethers;
(11) Halomethanes;
(12) Nitrophenols;
(13) Nitrosamines;
(14) PCB;
(15) Phthalate esters;
(16) Polynuclear
aromatic hydrocarbons;
(17) Tetrachloroethanes;
and
(18) Trichlorinatedethanes.
(f) The letter “f”
shall indicate that the freshwater aquatic criteria for these metals are
expressed as a function of the total hardness, as mg/l CaCO3 of the
surface water, and that because the values displayed in Table 1703-1 correspond
to a total hardness of 20 mg/l the aquatic life criteria for other hardness
values expressed as calcium carbonate shall be calculated using the equations
and tables in Env-Wq 1703.23 and Env-Wq 1703.24.
(g) The letter “g” shall indicate that if the methylmercury concentration in the edible portion of the
aquatic species of concern exceeds 0.3 mg/kg, a risk assessment shall be
conducted to determine whether a consumption advisory
should be issued for the surface water.
If a consumption advisory is issued by the
department, the surface water shall be considered in non-attainment of the fish
and/or shellfish consumption designated uses and in violation of these surface
water quality regulations.
(h)
The letter “h” shall indicate that the freshwater aquatic life criteria
for pentachlorophenol are expressed as a function of pH. Values displayed in Table 1703-1 correspond to
a pH value of 6.5. For other pH values,
the formulas shown in Env-Wq 1703.32 shall be used.
(i) The letter “i”
shall indicate that the values presented for aquatic life protection are
dissolved metals and for hardness-dependent metals are based on a hardness of
20 mg/L. To convert dissolved to total
recoverable metal, the equations and tables in Env-Wq 1703.23 shall be
used. To calculate dissolved or total
recoverable fresh water criteria for hardness-dependent metals for hardness
values other than 20 mg/l, the equations and tables shown in Env-Wq 1703.23 and
Env-Wq 1703.24 shall be used.
(j)
The letter “j” shall indicate that these human health criteria prevent
taste and odor effects in the surface water and in fish and other aquatic life
as prohibited in Env-Wq 1703.03(c)(1)c. and (3).
(k)
The letter “k” shall indicate that these criteria are based on EPA’s
304(a) criteria in the 1980 documents listed below and were derived to be used
as instantaneous maximum values, or to be applied after division by 2, to
obtain a value comparable to an acute criterion derived using the 1985
Guidelines, when assessment is done using an averaging period:
(1) Aldrin/Dieldrin,
document number
440/5-80-019;
(2) Chlordane, document number 440/5-80-027;
(3) DDT, document number 440/5-80-038;
(4) Endosulfan,
document number
440/5-80-046;
(5) Endrin,
document number 440/5-80-047;
(6) Heptachlor, document number 440/5-80-052;
(7) Hexachlorocyclohexane,
document number 440/5-80-054; or
(8) Silver, document number 440/5-80-071.
(l) The letter “1” shall indicate that there is a more
stringent drinking water maximum contaminant level (MCL) specified in Env-Dw 700, so if the surface water is a source for a
public water system as defined in RSA 485:1-a, XV or is within 20 miles
upstream of any active surface water intake for a public water system, the
department shall use the MCL values shown in table 1703-2A, below, for the
water and fish ingestion human health criteria:
Table 1703-2A:
MCL Values for Water and Fish Ingestion Criteria |
||
CAS Number |
Chemical Name |
MCL (Units per Liter) |
7440417 |
Beryllium |
4 μg |
7440439 |
Cadmium |
5 μg |
7782505 |
Chlorine (as Cl2) |
4 mg |
94757 |
Chlorophenoxy herbicides (2,4-D) |
70 μg |
93721 |
Chlorophenoxy herbicides
(2,4,5-TP) |
50 μg |
18540299 |
Chromium+6 |
see Chromium Total |
16065831 |
Chromium+3 |
see Chromium Total |
7440473 |
Chromium Total (equal to the sum of
Chromium+3 plus Chromium+6) |
100 μg |
95501 |
Dichlorobenzene (1,2) |
600 μg |
106467 |
Dichlorobenzene(1,4) |
75 μg |
107062 |
Dichloroethane (1,2) |
5 μg |
75354 |
Dichloroethylene(1,1) |
7 μg |
156605 |
Dichloroethylene(1,2-Trans) |
100 μg |
58899 |
gamma-BHC (Lindane) |
0.2 μg |
72435 |
Methoxychlor |
40 μg |
7782492 |
Selenium |
50 μg |
108883 |
Toluene |
1 mg |
71556 |
Trichloroethane 1,1,1 |
200 μg |
(m) The letter “m” shall indicate that this criteria is expressed as micrograms of free cyanide per
liter.
(n)
The letter “n” shall indicate that this criteria
applies to total PCBs or the sum of all of its congener or isomer or homolog or
Arochlor analyses.
(o)
The letter “o” shall indicate that
the freshwater acute criteria for selenium shall be calculated using the values
for the fraction f1 of selenite and f2 of selenate measured in the receiving water. To calculate the acute criteria, in μg/l, the number 1 shall be divided by the sum of the
fractions f1 divided by 185.9 and f2 divided by 12.83, as
follows:
1
Acute
Criteria = (f1/185.9)
+ (f2/12.83)
(p) The letter “p” shall indicate that these human
health criteria for silver shall be for the protection of humans from argyria.
(q) The letter “q” shall indicate that this value is
expressed as total cyanide.
(r) The letter “r” shall indicate that this data was
derived from data for endosulfan and is most
appropriately applied to the sum of alpha-endosulfan
and beta-endosulfan.
(s) The letter “s” shall indicate that this value is
expressed as acid-soluble aluminum.
(t) The letter “t” shall indicate that the total
concentration of DDT and its metabolites shall not exceed this value.
(u)
The letter “u” shall indicate that the chronic criterion of 20 mg/L
shall be the minimum value except where alkalinity is naturally lower, in which
case the criterion shall not be lower than 25 percent of the natural level.
Source. (See
Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff
12-1-16
Env-Wq 1703.23 Conversion Factors For
Metals.
(a)
Dissolved metal shall be
determined by multiplying total recoverable metal by the conversion factor
listed in Table
1703-2 for that metal, shown in equation form as follows:
Dissolved
Metal = Total Recoverable Metal x Conversion Factor
(b)
Total recoverable metals shall be
determined by dividing dissolved metals by the conversion factor listed in
table 1703-2, shown in equation form as follows:
Total
Recoverable Metal = Dissolved Metal / Conversion Factor
(c)
The conversion factors in Table 1703-2 shall be used as translators to
go from the dissolved metals criteria listed in Table 1703-1 to permit limits
expressed as total recoverable metals by dividing dissolved metal by the
conversion factor.
(d)
If the hardness of the receiving water is different than 20 mg/l, then
aquatic life criteria for hardness-dependent metals shall be calculated as
follows:
(1) The
equations in Env-Wq 1703.24(a) and (b) shall be used in conjunction with the coefficients
shown in Table 1703-3 to calculate the total recoverable metal for freshwater;
(2) The
equations shown in (a) and (b), above, shall be used in conjunction with the
factors shown in Table 1703-2 to convert total recoverable metal to dissolved
metal or dissolved metal to total recoverable metal;
(3) For
hardness less than 20 mg/l, a hardness of 20 mg/l shall be used in the
equations; and
(4) For
hardness values greater than 400 mg/l, a hardness of 400 mg/l shall be used in
the equations.
(e)
Table 1703-2 shall be as follows, provided that the conversion factors for cadmium and lead shall be
no greater than 1.0:
Table 1703-2: Factors
to Convert Total Recoverable Metals to Dissolved Metals
|
FRESHWATER Conversion
Factors |
MARINE Conversion
Factors |
||
Acute |
Chronic |
Acute |
Chronic |
|
Arsenic |
1.0 |
1.0 |
1.0 |
1.0 |
Cadmium |
1.136672 - [(Ln Hardness)(0.041838)] |
1.101672 - [(Ln Hardness)(0.041838)] |
0.994 |
0.994 |
Chromium (+3) |
0.316 |
0.860 |
- |
- |
Chromium (+6) |
0.982 |
0.962 |
0.993 |
0.993 |
Copper |
0.960 |
0.960 |
0.83 |
0.83 |
Lead |
1.46203 - [(Ln Hardness)(0.145712)] |
1.46203 - [(Ln Hardness)(0.145712)] |
0.951 |
0.951 |
Mercury |
0.85 |
0.85 |
0.85 |
0.85 |
Nickel |
0.998 |
0.997 |
0.990 |
0.990 |
Selenium |
- |
- |
0.998 |
0.998 |
Silver |
0.85 |
- |
0.85 |
- |
Zinc |
0.978 |
0.986 |
0.946 |
0.946 |
Source. (See
Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff
12-1-16
Env-Wq 1703.24 Freshwater
Aquatic Life Criteria For Metals. To
calculate freshwater aquatic life criteria for total recoverable metals, the
equations described in (a) and (b), below, shall be used in conjunction with
the coefficients shown in (c), Table 1703-3, below, provided that the values
used for hardness in the equations shall be as specified in Env-Wq 1703.23 (d):
(a)
To calculate the acute criteria, in μg/l,
for the metals shown Table 1703-3, the exponent “e” shall be raised to the
power “x” where “x” is equal to the parenthetical expression “ma”
multiplied by the natural logarithm (ln) of the
hardness and to which product the value “ba”
shall be added, as follows:
Acute
Criteria = ex where x = ( ma [ ln (hardness) ] + ba)
(b)
To calculate the chronic criteria, in μg/l,
for the metals shown in Table 1703-3, the exponent “e” shall be raised to the
power “x” where “x” is equal to the parenthetical expression “mc”
multiplied by the natural logarithm of the hardness and to which product the
value “bc” shall be added, as follows:
Chronic
Criteria = ex where x = ( mc
[ ln (hardness) ] + bc)
(c)
Table 1703-3 shall be as follows:
Table
1703-3: Coefficients in Equations for Calculating Total Recoverable Aquatic
Life Criteria for Metals
|
ma |
ba |
mc |
bc |
Cadmium |
0.9789 |
-3.866 |
0.7977 |
-3.909 |
Copper |
0.9422 |
-1.700 |
0.8545 |
-1.702 |
Chromium+3 |
0.8190 |
3.7256 |
0.8190 |
.6848 |
Lead |
1.273 |
-1.460 |
1.273 |
-4.705 |
Nickel |
0.8460 |
2.255 |
0.8460 |
0.0584 |
Silver |
1.72 |
-6.59 |
------- |
------- |
Zinc |
0.8473 |
0.884 |
0.8473 |
0.884 |
Source. (See
Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff 12-1-16
Env-Wq 1703.25 Freshwater
Acute Aquatic Life Criteria For Ammonia.
(a) Subject to (b)
through (d), below, to determine freshwater acute aquatic life criteria for
ammonia, in milligrams of nitrogen per liter (mg N/l), the applicant shall use:
(1) Table
1703-4A,where salmonids in
the genus Oncorhynchus are or might be
present; and
(2) Table
1703-4B, where salmonids in the genus Oncorhynchus are absent.
(b) The freshwater acute water quality criteria
for ammonia in Table 1703-4A where salmonids in the
genus Oncorhynchus are or might be present
have been calculated by taking the lesser of the value resulting from dividing 0.275 by the
sum of one plus 10 raised to the power of 7.204 minus the pH, and adding the
resulting value to the value found by dividing 39.0 by the sum of one plus 10
raised to the power of the pH minus 7.204, to the value resulting from dividing
0.0114 by the sum of one plus 10 raised to the power of the pH minus 7.204, and
adding the resulting value found by dividing 1.6181 by the sum of one plus 10
raised to the power of the pH minus 7.204 and multiplying this value by 0.7249
multiplied by the value resulting from multiplying 23.12 by 10 raised to the
power of 0.036 multiplied by value of 20 minus the temperature, as shown in the
following equation:
Freshwater Acute Criteria, Salmonids in the
Genus Onchorhynchus Present =
MIN { [0.275
/ (1+10 7.204-pH) + 39.0 / (1+10 pH-7.204)],
[0.7249 x[0.0114/(1+10 7.204-pH)
+ 1.6181 / (1+10 pH-7.204)] x (23.12 x 10 0.036 x(20-T))]
}
Where MIN indicates the lesser of
the two values separated by a comma.
(c) The freshwater acute water quality criteria
for ammonia in table 1703-4B where salmonids in the
genus Oncorhynchus are absent have been
calculated by
dividing 0.0114 by the sum of one plus 10 raised to the power of 7.204 minus
the pH, and adding the resulting value to the value found by dividing 1.6181 by
the sum of one plus 10 raised to the power of the pH minus 7.204, and
multiplying this value by 0.7249 multiplied by the lesser of 51.93 or the value
resulting from multiplying 23.12 by 10 raised to the power of 0.036 multiplied
by value of 20 minus the temperature as shown in the following equation:
Freshwater Acute Criteria, Salmonids
in the Genus Onchorhynchus Absent =
{0.7249 x[0.0114/(1+10 7.204-pH)
+ 1.6181 / (1+10 pH-7.204)]} x MIN [ 51.93, (23.12 x 10 0.036
x(20-T))]
Where MIN indicates the lesser of
the 2 values separated by a comma.
(d) The equations described in (b) and (c),
above, shall be used to calculate freshwater acute water quality criteria for
ammonia at unlisted pH and temperature values.
(e)
Table 1703-4A and table 1703-4B shall be as follows:
Table
1703-4A: Freshwater Acute Aquatic Life Criteria For Ammonia in mg N/liter Salmonids in the Genus Oncorhynchus
Present |
||||||||||
pH |
Temperature,
Degrees C |
|||||||||
0-14 |
15 |
16 |
18 |
20 |
22 |
24 |
26 |
28 |
30 |
|
6.5 |
33 |
33 |
32 |
27 |
23 |
19 |
16 |
14 |
12 |
9.9 |
6.6 |
31 |
31 |
30 |
26 |
22 |
18 |
16 |
13 |
11 |
9.5 |
6.7 |
30 |
30 |
29 |
24 |
21 |
18 |
15 |
13 |
11 |
9.0 |
6.8 |
28 |
28 |
27 |
23 |
20 |
17 |
14 |
12 |
10 |
8.5 |
6.9 |
26 |
26 |
25 |
21 |
18 |
15 |
13 |
11 |
9.4 |
7.9 |
7.0 |
24 |
24 |
23 |
20 |
17 |
14 |
12 |
10 |
8.6 |
7.3 |
7.1 |
22 |
22 |
21 |
18 |
15 |
13 |
11 |
9.3 |
7.9 |
6.7 |
7.2 |
20 |
20 |
19 |
16 |
14 |
12 |
9.8 |
8.3 |
7.1 |
6.0 |
7.3 |
18 |
18 |
17 |
14 |
12 |
10 |
8.7 |
7.4 |
6.3 |
5.3 |
7.4 |
15 |
15 |
15 |
13 |
11 |
9.0 |
7.7 |
6.5 |
5.5 |
4.7 |
7.5 |
13 |
13 |
13 |
11 |
9.2 |
7.8 |
6.6 |
5.6 |
4.8 |
4.0 |
7.6 |
11 |
11 |
11 |
9.3 |
7.9 |
6.7 |
5.7 |
4.8 |
4.1 |
3.5 |
7.7 |
9.6 |
9.6 |
9.3 |
7.9 |
6.7 |
5.7 |
4.8 |
4.1 |
3.5 |
3.0 |
7.8 |
8.1 |
8.1 |
7.9 |
6.7 |
5.6 |
4.8 |
4.0 |
3.4 |
2.9 |
2.5 |
7.9 |
6.8 |
6.8 |
6.6 |
5.6 |
4.7 |
4.0 |
3.4 |
2.9 |
2.4 |
2.1 |
8.0 |
5.6 |
5.6 |
5.4 |
4.6 |
3.9 |
3.3 |
2.8 |
2.4 |
2.0 |
1.7 |
8.1 |
4.6 |
4.6 |
4.5 |
3.8 |
3.2 |
2.7 |
2.3 |
2.0 |
1.7 |
1.4 |
8.2 |
3.8 |
3.8 |
3.7 |
3.1 |
2.7 |
2.3 |
1.9 |
1.6 |
1.4 |
1.2 |
8.3 |
3.1 |
3.1 |
3.1 |
2.6 |
2.2 |
1.9 |
1.6 |
1.3 |
1.1 |
0.96 |
8.4 |
2.6 |
2.6 |
2.5 |
2.1 |
1.8 |
1.5 |
1.3 |
1.1 |
0.93 |
0.79 |
8.5 |
2.1 |
2.1 |
2.1 |
1.8 |
1.5 |
1.3 |
1.1 |
0.90 |
0.77 |
0.65 |
8.6 |
1.8 |
1.8 |
1.7 |
1.5 |
1.2 |
1.0 |
0.88 |
0.75 |
0.63 |
0.54 |
8.7 |
1.5 |
1.5 |
1.4 |
1.2 |
1.0 |
0.87 |
0.74 |
0.62 |
0.53 |
0.45 |
8.8 |
1.2 |
1.2 |
1.2 |
1.0 |
0.86 |
0.73 |
0.62 |
0.52 |
0.44 |
0.37 |
8.9 |
1.0 |
1.0 |
1.0 |
0.85 |
0.72 |
0.61 |
0.52 |
0.44 |
0.37 |
0.32 |
9.0 |
0.88 |
0.88 |
0.86 |
0.73 |
0.62 |
0.52 |
0.44 |
0.37 |
0.32 |
0.27 |
Table
1703-4B: Freshwater Acute Aquatic Life Criteria For Ammonia in mg N/liter, Salmonids in the Genus Oncorhynchus
Absent |
|||||||||||
pH |
Temperature,
Degrees C |
||||||||||
0-10 |
12 |
14 |
16 |
18 |
20 |
22 |
24 |
26 |
28 |
30 |
|
6.5 |
51 |
44 |
37 |
32 |
27 |
23 |
19 |
16 |
14 |
12 |
9.9 |
6.6 |
49 |
42 |
36 |
30 |
26 |
22 |
18 |
16 |
13 |
11 |
9.5 |
6.7 |
46 |
40 |
34 |
29 |
24 |
21 |
18 |
15 |
13 |
11 |
9.0 |
6.8 |
44 |
38 |
32 |
27 |
23 |
20 |
17 |
14 |
12 |
10 |
8.5 |
6.9 |
41 |
35 |
30 |
25 |
21 |
18 |
15 |
13 |
11 |
9.4 |
7.9 |
7.0 |
38 |
33 |
28 |
23 |
20 |
17 |
14 |
12 |
10 |
8.6 |
7.3 |
7.1 |
34 |
30 |
25 |
21 |
18 |
15 |
13 |
11 |
9.3 |
7.9 |
6.7 |
7.2 |
31 |
27 |
23 |
19 |
16 |
14 |
12 |
9.8 |
8.3 |
7.1 |
6.0 |
7.3 |
27 |
24 |
20 |
17 |
14 |
12 |
10 |
8.7 |
7.4 |
6.3 |
5.3 |
7.4 |
24 |
21 |
18 |
15 |
13 |
11 |
9.0 |
7.7 |
6.5 |
5.5 |
4.7 |
7.5 |
21 |
18 |
15 |
13 |
11 |
9.2 |
7.8 |
6.6 |
5.6 |
4.8 |
4.0 |
7.6 |
18 |
15 |
13 |
11 |
9.3 |
7.9 |
6.7 |
5.7 |
4.8 |
4.1 |
3.5 |
7.7 |
15 |
13 |
11 |
9.3 |
7.9 |
6.7 |
5.7 |
4.8 |
4.1 |
3.5 |
2.9 |
7.8 |
13 |
11 |
9.3 |
7.9 |
6.7 |
5.6 |
4.8 |
4.0 |
3.4 |
2.9 |
2.5 |
7.9 |
11 |
9.1 |
7.7 |
6.6 |
5.6 |
4.7 |
4.0 |
3.4 |
2.9 |
2.4 |
2.1 |
8.0 |
8.8 |
7.6 |
6.4 |
5.4 |
4.6 |
3.9 |
3.3 |
2.8 |
2.4 |
2.0 |
1.7 |
8.1 |
7.2 |
6.3 |
5.3 |
4.5 |
3.8 |
3.2 |
2.7 |
2.3 |
2.0 |
1.7 |
1.4 |
8.2 |
6.0 |
5.2 |
4.4 |
3.7 |
3.1 |
2.7 |
2.3 |
1.9 |
1.6 |
1.4 |
1.2 |
8.3 |
4.9 |
4.3 |
3.6 |
3.1 |
2.6 |
2.2 |
1.9 |
1.6 |
1.3 |
1.1 |
0.96 |
8.4 |
4.1 |
3.5 |
3.0 |
2.5 |
2.1 |
1.8 |
1.5 |
1.3 |
1.1 |
0.93 |
0.79 |
8.5 |
3.3 |
2.9 |
2.4 |
2.1 |
1.8 |
1.5 |
1.3 |
1.1 |
0.90 |
0.77 |
0.65 |
8.6 |
2.8 |
2.4 |
2.0 |
1.7 |
1.5 |
1.2 |
1.0 |
0.88 |
0.75 |
0.63 |
0.54 |
8.7 |
2.3 |
2.0 |
1.7 |
1.4 |
1.2 |
1.0 |
0.87 |
0.74 |
0.62 |
0.53 |
0.45 |
8.8 |
1.9 |
1.7 |
1.4 |
1.2 |
1.0 |
0.86 |
0.73 |
0.62 |
0.52 |
0.44 |
0.37 |
8.9 |
1.6 |
1.4 |
1.2 |
1.0 |
0.85 |
0.72 |
0.61 |
0.52 |
0.44 |
0.37 |
0.32 |
9.0 |
1.4 |
1.2 |
1.0 |
0.86 |
0.73 |
0.62 |
0.52 |
0.44 |
0.37 |
0.32 |
0.27 |
Source. (See
Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff
12-1-16
Env-Wq 1703.26 Freshwater Chronic Aquatic
Life Criteria For Ammonia.
(a) Subject to (b) through (d), below, Table 1703-4C
shall be used to determine freshwater chronic aquatic life criteria for
ammonia, in mg N/l.
(b) The freshwater chronic water quality criteria
for ammonia in Table 1703-4C have been calculated by adding the value found by
dividing 0.0278 by the sum of one plus 10 raised to the power of 7.688
minus the pH to the value found by dividing 1.1994 by one plus 10 raised to the
power of pH minus 7.688, and multiplying the resulting value by 0.8876
multiplied by the value resulting from multiplying 2.126 by 10 raised to the
power of 0.028 times the value of 20 minus the greater of the temperature
or 7, as shown in the following equation:
Freshwater Chronic Criteria for Ammonia:
Criteria = 0.8876 x
[0.0278/(1+10 7.688-pH) + 1.1994/(1+10 pH-7.688)] x
[2.126 x 10 0.028 x (20-MAX(T,7))]
Where MAX indicates the greater of
the two values separated by a comma.
(c) The chronic criteria in Table 1703-4C
represent a 30-day rolling average, but the highest 4-day average within any
30-day averaging period shall not exceed 2.5 times the chronic criteria.
(d) The equation described in (b), above, shall
be used to calculate criteria at unlisted pH and temperature values.
(e) Table 1703-4C shall be as follows:
Table
1703-4C: Freshwater Chronic Aquatic Life Criteria For Ammonia in mg N/l |
|||||||||||||
pH |
Temperature,
Degrees C |
||||||||||||
0-7 |
8 |
10 |
12 |
14 |
16 |
18 |
20 |
22 |
24 |
26 |
28 |
30 |
|
6.5 |
4.9 |
4.6 |
4.1 |
3.6 |
3.1 |
2.8 |
2.4 |
2.1 |
1.9 |
1.6 |
1.5 |
1.3 |
1.1 |
6.6 |
4.8 |
4.5 |
4.0 |
3.5 |
3.1 |
2.7 |
2.4 |
2.1 |
1.8 |
1.6 |
1.4 |
1.3 |
1.1 |
6.7 |
4.8 |
4.5 |
3.9 |
3.5 |
3.0 |
2.7 |
2.3 |
2.1 |
1.8 |
1.6 |
1.4 |
1.2 |
1.1 |
6.8 |
4.6 |
4.4 |
3.8 |
3.4 |
3.0 |
2.6 |
2.3 |
2.0 |
1.8 |
1.6 |
1.4 |
1.2 |
1.1 |
6.9 |
4.5 |
4.2 |
3.7 |
3.3 |
2.9 |
2.5 |
2.2 |
2.0 |
1.7 |
1.5 |
1.3 |
1.2 |
1.0 |
7.0 |
4.4 |
4.1 |
3.6 |
3.2 |
2.8 |
2.4 |
2.2 |
1.9 |
1.7 |
1.5 |
1.3 |
1.1 |
0.99 |
7.1 |
4.2 |
3.9 |
3.5 |
3.0 |
2.7 |
2.3 |
2.1 |
1.8 |
1.6 |
1.4 |
1.2 |
1.1 |
0.95 |
7.2 |
4.0 |
3.7 |
3.3 |
2.9 |
2.5 |
2.2 |
2.0 |
1.7 |
1.5 |
1.3 |
1.2 |
1.0 |
0.90 |
7.3 |
3.8 |
3.5 |
3.1 |
2.7 |
2.4 |
2.1 |
1.8 |
1.6 |
1.4 |
1.3 |
1.1 |
0.97 |
0.85 |
7.4 |
3.5 |
3.3 |
2.9 |
2.5 |
2.2 |
2.0 |
1.7 |
1.5 |
1.3 |
1.2 |
1.0 |
0.90 |
0.79 |
7.5 |
3.2 |
3.0 |
2.7 |
2.3 |
2.1 |
1.8 |
1.6 |
1.4 |
1.2 |
1.1 |
0.95 |
0.83 |
0.73 |
7.6 |
2.9 |
2.8 |
2.4 |
2.1 |
1.9 |
1.6 |
1.4 |
1.3 |
1.1 |
0.98 |
0.86 |
0.76 |
0.67 |
7.7 |
2.6 |
2.4 |
2.2 |
1.9 |
1.7 |
1.5 |
1.3 |
1.1 |
1.0 |
0.88 |
0.78 |
0.68 |
0.60 |
7.8 |
2.3 |
2.2 |
1.9 |
1.7 |
1.5 |
1.3 |
1.2 |
1.0 |
0.89 |
0.79 |
0.69 |
0.61 |
0.53 |
7.9 |
2.1 |
1.9 |
1.7 |
1.5 |
1.3 |
1.2 |
1.0 |
0.89 |
0.79 |
0.69 |
0.61 |
0.53 |
0.47 |
8.0 |
1.8 |
1.7 |
1.5 |
1.3 |
1.1 |
1.0 |
0.88 |
0.78 |
0.68 |
0.60 |
0.53 |
0.44 |
0.41 |
8.1 |
1.5 |
1.5 |
1.3 |
1.1 |
0.99 |
0.87 |
0.76 |
0.67 |
0.59 |
0.52 |
0.46 |
0.40 |
0.35 |
8.2 |
1.3 |
1.2 |
1.1 |
0.96 |
0.84 |
0.74 |
0.65 |
0.57 |
0.50 |
0.44 |
0.39 |
0.34 |
0.30 |
8.3 |
1.1 |
1.1 |
0.93 |
0.82 |
0.72 |
0.63 |
0.55 |
0.49 |
0.43 |
0.38 |
0.33 |
0.29 |
0.26 |
8.4 |
0.95 |
0.89 |
0.79 |
0.69 |
0.61 |
0.53 |
0.47 |
0.41 |
0.36 |
0.32 |
0.28 |
0.25 |
0.22 |
8.5 |
0.80 |
0.75 |
0.67 |
0.58 |
0.51 |
0.45 |
0.40 |
0.35 |
0.31 |
0.27 |
0.24 |
0.21 |
0.18 |
8.6 |
0.68 |
0.64 |
0.56 |
0.49 |
0.43 |
0.38 |
0.33 |
0.29 |
0.26 |
0.23 |
0.20 |
0.18 |
0.15 |
8.7 |
0.57 |
0.54 |
0.47 |
0.42 |
0.37 |
0.32 |
0.28 |
0.25 |
0.22 |
0.19 |
0.17 |
0.15 |
0.13 |
8.8 |
0.49 |
0.46 |
0.40 |
0.35 |
0.31 |
0.27 |
0.24 |
0.21 |
0.19 |
0.16 |
0.14 |
0.13 |
0.11 |
8.9 |
0.42 |
0.39 |
0.34 |
0.30 |
0.27 |
0.23 |
0.21 |
0.18 |
0.16 |
0.14 |
0.12 |
0.11 |
0.09 |
9.0 |
0.36 |
0.34 |
0.30 |
0.26 |
0.23 |
0.20 |
0.18 |
0.16 |
0.14 |
0.12 |
0.11 |
0.09 |
0.08 |
Source. (See
Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff
12-1-16
Env-Wq 1703.27 Saltwater
Acute Aquatic Life Criteria for Ammonia at a Salinity of 10 g/kg. The values shown in Table 1703-5 shall be
used to determine saltwater acute aquatic life criteria for ammonia, in
milligrams of NH3 per liter (mg NH3/l), for a salinity of
10 g/kg:
Table
1703-5: Saltwater Acute Aquatic Life Criteria for Ammonia in mg NH3/l;
Salinity = 10 g/kg |
||||||||
pH |
Temperature
(°C) |
|||||||
0 |
5 |
10 |
15 |
20 |
25 |
30 |
35 |
|
7.0 |
270 |
191 |
131 |
92 |
62 |
44 |
29 |
21 |
7.2 |
175 |
121 |
83 |
58 |
40 |
27 |
19 |
13 |
7.4 |
110 |
77 |
52 |
35 |
25 |
17 |
12 |
8.3 |
7.6 |
69 |
48 |
33 |
23 |
16 |
11 |
7.7 |
5.6 |
7.8 |
44 |
31 |
21 |
15 |
10 |
7.1 |
5.0 |
3.5 |
8.0 |
27 |
19 |
13 |
9.4 |
6.4 |
4.6 |
3.1 |
2.3 |
8.2 |
18 |
12 |
8.5 |
5.8 |
4.2 |
2.9 |
2.1 |
1.5 |
8.4 |
11 |
7.9 |
5.4 |
3.7 |
2.7 |
1.9 |
1.4 |
1.0 |
8.6 |
7.3 |
5.0 |
3.5 |
2.5 |
1.8 |
1.3 |
0.98 |
0.75 |
8.8 |
4.6 |
3.3 |
2.3 |
1.7 |
1.2 |
0.92 |
0.71 |
0.56 |
9.0 |
2.9 |
2.1 |
1.5 |
1.1 |
0.85 |
0.67 |
0.52 |
0.44 |
Source. (See
Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff
12-1-16
Env-Wq 1703.28 Saltwater Acute Aquatic Life
Criteria for Ammonia at a Salinity of 20 g/kg. The values shown in Table 1703-6 shall be
used to determine saltwater acute aquatic life criteria for ammonia, in mg NH3
/l, for a salinity of 20 g/kg:
Table
1703-6: Saltwater Acute Aquatic Life Criteria for Ammonia in mg NH3/l;
Salinity = 20 g/kg |
||||||||
pH |
Temperature
(°C) |
|||||||
0 |
5 |
10 |
15 |
20 |
25 |
30 |
35 |
|
7.0 |
291 |
200 |
137 |
96 |
64 |
44 |
31 |
21 |
7.2 |
183 |
125 |
87 |
60 |
42 |
29 |
20 |
14 |
7.4 |
116 |
79 |
54 |
37 |
27 |
18 |
12 |
8.7 |
7.6 |
73 |
50 |
35 |
23 |
17 |
11 |
7.9 |
5.6 |
7.8 |
46 |
31 |
23 |
15 |
11 |
7.5 |
5.2 |
3.5 |
8.0 |
29 |
20 |
14 |
9.8 |
6.7 |
4.8 |
3.3 |
2.3 |
8.2 |
19 |
13 |
8.9 |
6.2 |
4.4 |
3.1 |
2.1 |
1.6 |
8.4 |
12 |
8.1 |
5.6 |
4.0 |
2.9 |
2.0 |
1.5 |
1.1 |
8.6 |
7.5 |
5.2 |
3.7 |
2.7 |
1.9 |
1.4 |
1.0 |
0.77 |
8.8 |
4.8 |
3.3 |
2.5 |
1.7 |
1.3 |
0.94 |
0.73 |
0.56 |
9.0 |
3.1 |
2.3 |
1.6 |
1.2 |
0.87 |
0.69 |
0.54 |
0.44 |
Source. (See
Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff
12-1-16
Env-Wq 1703.29 Saltwater
Acute Aquatic Life Criteria for Ammonia at a Salinity of 30 g/kg. The
values shown in Table 1703-7 shall be used to determine saltwater acute aquatic
life criteria for ammonia, in mg NH3 /l, for a salinity of 30 g/kg:
Table
1703-7: Saltwater Acute Aquatic Life Criteria for Ammonia in mg NH3/l;
Salinity = 30 g/kg |
||||||||
pH |
Temperature
(°C) |
|||||||
0 |
5 |
10 |
15 |
20 |
25 |
30 |
35 |
|
7.0 |
312 |
208 |
148 |
102 |
71 |
48 |
33 |
23 |
7.2 |
196 |
135 |
94 |
64 |
44 |
31 |
21 |
15 |
7.4 |
125 |
85 |
58 |
40 |
27 |
19 |
13 |
9.4 |
7.6 |
79 |
54 |
37 |
25 |
21 |
12 |
8.5 |
6.0 |
7.8 |
50 |
33 |
23 |
16 |
11 |
7.9 |
5.4 |
3.7 |
8.0 |
31 |
21 |
15 |
10 |
7.3 |
5.0 |
3.5 |
2.5 |
8.2 |
20 |
14 |
9.6 |
6.7 |
4.6 |
3.3 |
2.3 |
1.7 |
8.4 |
12.7 |
8.7 |
6.0 |
4.2 |
2.9 |
2.1 |
1.6 |
1.1 |
8.6 |
8.1 |
5.6 |
4.0 |
2.7 |
2.0 |
1.4 |
1.1 |
0.81 |
8.8 |
5.2 |
3.5 |
2.5 |
1.8 |
1.3 |
1.0 |
0.75 |
0.58 |
9.0 |
3.3 |
2.3 |
1.7 |
1.2 |
0.94 |
0.71 |
0.56 |
0.46 |
Source. (See
Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff
12-1-16
Env-Wq 1703.30 Saltwater
Chronic Aquatic Life Criteria for Ammonia at a Salinity of 10 g/kg. The values shown in Table 1703-8 shall be
used to determine saltwater chronic aquatic life criteria for ammonia, in mg NH3
/l, for a salinity of 10 g/kg:
Table 1703-8: Saltwater Chronic Aquatic Life Criteria for
Ammonia in mg NH3/l; Salinity = 10 g/kg |
||||||||
pH |
Tempterature (°C) |
|||||||
0 |
5 |
10 |
15 |
20 |
25 |
30 |
35 |
|
7.0 |
41 |
29 |
20 |
14 |
9.4 |
6.6 |
4.4 |
3.1 |
7.2 |
26 |
18 |
12 |
8.7 |
5.9 |
4.1 |
2.8 |
2.0 |
7.4 |
17 |
12 |
7.8 |
5.3 |
3.7 |
2.6 |
1.8 |
1.2 |
7.6 |
10 |
7.2 |
5.0 |
3.4 |
2.4 |
1.7 |
1.2 |
0.84 |
7.8 |
6.6 |
4.7 |
3.1 |
2.2 |
1.5 |
1.1 |
0.75 |
0.53 |
8.0 |
4.1 |
2.9 |
2.0 |
1.40 |
0.97 |
0.69 |
0.47 |
0.34 |
8.2 |
2.7 |
1.8 |
1.3 |
0.87 |
0.62 |
0.44 |
0.31 |
0.23 |
8.4 |
1.7 |
1.2 |
0.81 |
0.56 |
0.41 |
0.29 |
0.21 |
0.16 |
8.6 |
1.1 |
0.75 |
0.53 |
0.37 |
0.27 |
0.20 |
0.15 |
0.11 |
8.8 |
0.69 |
0.50 |
0.34 |
0.25 |
0.18 |
0.14 |
0.11 |
0.08 |
9.0 |
0.44 |
0.31 |
0.23 |
0.17 |
0.13 |
0.10 |
0.08 |
0.07 |
Source. (See
Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff
12-1-16
Env-Wq 1703.31 Saltwater
Chronic Aquatic Life Criteria for Ammonia at a Salinity of 20 g/kg. The values shown in Table 1703-9 shall be
used to determine saltwater chronic aquatic life criteria for ammonia, in mg
NH3 /l, for a salinity of 20 g/kg:
Table 1703-9: Saltwater Chronic Aquatic Life Criteria for
Ammonia in mg NH3/l; Salinity = 20 g/kg |
||||||||
pH |
Temperature
(°C) |
|||||||
0 |
5 |
10 |
15 |
20 |
25 |
30 |
35 |
|
7.0 |
44 |
30 |
21 |
14 |
9.7 |
6.6 |
4.7 |
3.1 |
7.2 |
27 |
19 |
13 |
9.0 |
6.2 |
4.4 |
3.0 |
2.1 |
7.4 |
18 |
12 |
8.1 |
5.6 |
4.1 |
2.7 |
1.9 |
1.3 |
7.6 |
11 |
7.5 |
5.3 |
3.4 |
2.5 |
1.7 |
1.2 |
0.84 |
7.8 |
6.9 |
4.7 |
3.4 |
2.3 |
1.6 |
1.1 |
0.78 |
0.53 |
8.0 |
4.4 |
3.0 |
2.1 |
1.5 |
1.0 |
0.72 |
0.50 |
0.34 |
8.2 |
2.8 |
1.9 |
1.3 |
.94 |
.66 |
.47 |
.31 |
.24 |
8.4 |
1.8 |
1.2 |
.84 |
.59 |
.44 |
.30 |
.22 |
.16 |
8.6 |
1.1 |
.78 |
.56 |
.41 |
.28 |
.20 |
.15 |
.12 |
8.8 |
.72 |
.50 |
.37 |
.26 |
.19 |
.14 |
.11 |
.08 |
9.0 |
.47 |
.34 |
.24 |
.18 |
.13 |
.10 |
.08 |
.07 |
Source. (See
Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff
12-1-16
Env-Wq 1703.32 Saltwater
Chronic Aquatic Life Criteria for Ammonia at a Salinity of 30g/kg. The values shown in table 1703-10 shall be
used to determine saltwater chronic aquatic life criteria for ammonia, in mg
NH3 /l, for a salinity of 30 g/kg:
Table 1703-10: Saltwater Chronic Aquatic Life Criteria for
Ammonia in mg NH3/l; Salinity = 30 g/kg |
||||||||
pH |
Temperature
(°C) |
|||||||
0 |
5 |
10 |
15 |
20 |
25 |
30 |
35 |
|
7.0 |
47 |
31 |
22 |
15 |
11 |
7.2 |
5.0 |
3.4 |
7.2 |
29 |
20 |
14 |
9.7 |
6.6 |
4.7 |
3.1 |
2.2 |
7.4 |
19 |
13 |
8.7 |
5.9 |
4.1 |
2.9 |
2.0 |
1.4 |
7.6 |
12 |
8.1 |
5.6 |
3.7 |
3.1 |
1.8 |
1.3 |
0.90 |
7.8 |
7.5 |
5.0 |
3.4 |
2.4 |
1.7 |
1.2 |
0.81 |
0.56 |
8.0 |
4.7 |
3.1 |
2.2 |
1.6 |
1.1 |
0.75 |
0.53 |
0.37 |
8.2 |
3.0 |
2.1 |
1.4 |
1.0 |
0.69 |
0.50 |
0.34 |
0.25 |
8.4 |
1.9 |
1.3 |
0.90 |
0.62 |
0.44 |
0.31 |
0.23 |
0.17 |
8.6 |
1.2 |
0.84 |
0.59 |
0.41 |
0.30 |
0.22 |
0.16 |
0.12 |
8.8 |
0.78 |
0.53 |
0.37 |
0.27 |
0.20 |
0.15 |
0.11 |
0.09 |
9.0 |
0.50 |
0.34 |
0.26 |
0.19 |
0.14 |
0.11 |
0.08 |
0.07 |
Source. (See
Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff
12-1-16
Env-Wq 1703.33 Freshwater Aquatic Life
Criteria for Pentachlorophenol.
(a) To calculate the freshwater aquatic life
acute criteria, in μg/l, for pentachlorophenol,
the exponent “e” shall be raised to the power “x” where “x” is equal to the
parenthetical expression 1.005 multiplied by the pH and to which product the
value of 4.869 shall be subtracted, as follows:
Acute Criteria = ex where
x = [ 1.005 (pH) - 4.869 ]
(b)
To calculate the freshwater aquatic life chronic criteria, in μg/l, for pentachlorophenol, the exponent “e” shall be
raised to the power “x” where “x” is equal to the
parenthetical expression 1.005 multiplied by the pH and to which product the
value of 5.134 shall be subtracted, as follows:
Chronic Criteria = ex where
x = [ 1.005 (pH) - 5.134 ]
Source. (See
Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff
12-1-16
PART Env-Wq 1704
ALTERNATIVE SITE SPECIFIC CRITERIA
Env-Wq 1704.01 Purpose. The purpose of this part is to establish a
procedure for determining alternative site specific criteria in the following
cases:
(a)
For toxic substances not listed in Env-Wq 1703.21 through Env-Wq
1703.33;
(b) Where site specific information is available
and substantiates the use of different criteria; or
(c) Where new information that was not considered
in the development of the criteria becomes available.
Source. (See
Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff
12-1-16
Env-Wq 1704.02 Procedures. The procedure for determining alternative
site specific criteria for the protection of human health shall be as specified
in EPA’s “Methodology for Deriving Ambient Water Quality Criteria for the
Protection of Human Health,” EPA 822-B-00-004, dated October 2000, and the
following accompanying technical support documents, all of which are available as noted in Appendix B:
(a)
“Volume 1: Risk Assessment”, EPA 822-B-00-005, dated October 2000;
(b)
“Volume 2: Development of National Bioaccumulation Factors”,
EPA-822-R-03-030, dated December 2003; and
(c)
“Volume 3: Development of Site-Specific Bioaccumulation Factors”,
EPA-822-R-09-008, dated September 2009.
Source. (See
Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff
12-1-16
Env-Wq 1704.03 Modifications to Surface
Water Quality Standards. If the department determines, based on
scientifically valid documentation, that alternative site specific criteria
will protect the existing and designated uses of the waterbody,
the department shall revise these rules to incorporate those criteria.
Source. (See
Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff
12-1-16
PART Env-Wq 1705 FLOW
STANDARDS
Env-Wq 1705.01 Assimilative Capacity.
(a)
Subject to (b), below, the department shall hold not less than 10
percent of the assimilative capacity of each surface water
in reserve to provide for future needs.
(b)
For purposes of combined sewer overflows, the department shall determine
compliance based on 99 percent of the assimilative capacity of the receiving
surface water.
Source. (See
Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff
12-1-16
Env-Wq 1705.02 Low Flow Conditions.
(a)
The flow used to calculate permit limits shall be as specified in (b)
through (d), below.
(b)
For tidal waters, the low flow condition shall be equivalent to the
conditions that result in a dilution that is exceeded 99% of the time.
(c)
For non-tidal rivers and streams, permit limits for all human health
criteria for carcinogens shall be developed based on the
long-term harmonic mean flow, which is the number of daily flow measurements
divided by the sum of the reciprocals of the daily flows.
(d)
For non-tidal rivers and streams, permit limits for all aquatic life
criteria and human health criteria for non-carcinogens shall be based on the
7Q10 flow.
Source. (See
Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff
12-1-16
PART Env-Wq 1706 SAMPLING AND
ANALYSIS
Env-Wq 1706.01 Procedures. Unless alternative procedures are specified
in the surface water discharge permit, all procedures used for the purpose of
collecting, preserving, and analyzing samples shall be as specified in 40 CFR
Part 136 for wastewater and 40 CFR Part 141 for drinking water.
Source. (See
Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff
12-1-16
PART Env-Wq 1707
MIXING ZONES
Env-Wq
1707.01 Designation
of Mixing Zones.
(a) Because RSA 485-A:8,
I prohibits the discharge of any sewage or other wastes into class A waters,
mixing zones shall be prohibited in such waters.
(b)
For class B waters, the department shall designate a limited area or
volume of the surface water as a mixing zone if the applicant provides
sufficient scientifically valid documentation to allow the department to
independently determine that all criteria in Env-Wq 1707.02 have been met.
Source. (See
Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff
12-1-16
Env-Wq 1707.02 Criteria for Approval of Mixing Zones. The
department shall not approve a mixing zone unless the proposed mixing zone:
(a) Meets the criteria
in Env-Wq 1703.03(c)(1);
(b) Does not interfere with biological
communities or populations of indigenous species;
(c) Does
not result in the accumulation of pollutants in the sediments or biota;
(d) Allows a zone of
passage for swimming and drifting organisms;
(e) Does not interfere with existing and
designated uses of the surface water;
(f) Does not impinge upon spawning grounds or nursery areas,
or both, of any indigenous aquatic species;
(g) Does not result in
the mortality of any plants, animals, humans, or aquatic life within the mixing
zone;
(h) Does not exceed the chronic toxicity value of
1.0 TUc at the mixing zone boundary; and
(i) Does not result in an overlap with another
mixing zone.
Source. (See
Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff
12-1-16
Env-Wq 1707.03 Conditions
for Mixing Zones. If the department
approves a mixing zone, the department shall include such conditions as are
needed to ensure that the criteria on which the approval is based are met.
Source. (See
Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff
12-1-16
Env-Wq 1707.04 Technical
Standards. Mixing zones shall be
established in accordance with “Technical Support Document for Water
Quality-based Toxics Control”, EPA/505/2-90-001, dated March 1991, available as
noted in Appendix B.
Source. (See
Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff
12-1-16
PART
Env-Wq 1708
ANTIDEGRADATION
Env-Wq
1708.01 Purpose. The purpose of these antidegradation
provisions is to ensure that the following requirements of 40 CFR 131.12 are
met:
(a)
Existing uses and the level of water quality necessary to protect the
existing uses shall be maintained and protected;
(b)
Where the quality of a surface water exceeds
the level necessary to support recreation in and on the water and propagation
of fish, shellfish, and wildlife, such quality shall be maintained and
protected, subject to the following:
(1) The
department shall not approve a proposed discharge or activity that would cause
a significant change in water quality as specified in Env-Wq 1708.09 unless the
department finds, after full satisfaction of the intergovernmental coordination
and public participation requirements and the analysis required by Env-Wq
1708.10, that allowing lower water quality is necessary to accommodate
important economic or social development in the area in which the surface water
is located; and
(2) The
department shall not approve any proposed discharge or activity that might
cause degradation or lower water quality, without such conditions as are
necessary to ensure that:
a. Water
quality will be adequate to fully protect existing uses;
b. The
highest statutory and regulatory requirements will be achieved for all new and
existing point sources; and
c. All
cost effective and reasonable best management practices for nonpoint source
control will be implemented;
(c)
Where high quality surface waters constitute an outstanding resource
waters (ORW), that water quality shall be maintained and protected; and
(d)
In those cases where a potential water quality
impairment is associated with a thermal discharge, the antidegradation
provisions shall ensure that the
requirements of Section 316 of the Clean Water Act are met.
Source. (See
Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff
12-1-16
Env-Wq 1708.02 Applicability. Antidegradation
shall apply to:
(a)
Any proposed new or increased activity, including point source and
nonpoint source discharges of pollutants, that would lower water quality or
adversely affect existing or designated uses;
(b)
Any proposed increase in loadings to a waterbody
when the proposal is associated with existing activities;
(c)
Any increase in flow alteration over an existing alteration; and
(d)
Any hydrologic modifications, such as dam construction and water
withdrawals.
Source. (See
Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff
12-1-16
Env-Wq 1708.03 Protection of Existing Uses.
(a)
A proposed discharge or activity shall not eliminate any existing uses
or the water quality needed to maintain and protect those uses.
(b)
The department shall determine the existing uses for the waters in question
using the information provided pursuant to Env-Wq
1708.07.
Source. (See
Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff
12-1-16
Env-Wq
1708.04 Protection
of Water Quality in ORW.
(a) Surface waters of
national forests and surface waters designated as natural under RSA 483:7-a, I, shall be
considered outstanding resource waters (ORW).
(b) Subject to (c), below, water quality shall be
maintained and protected in surface waters that constitute ORW.
(c) The department shall allow a limited point or
nonpoint source discharge to an ORW only if:
(1) The discharge will result in no more than
temporary and short-term changes in water quality, wherein “temporary and short
term” means that degradation is limited to the shortest possible time;
(2) The discharge will not permanently degrade
water quality or result at any time in water quality lower than that necessary
to protect the existing and designated uses in the ORW; and
(3) All practical means of minimizing water
quality degradation are implemented.
Source. (See
Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff
12-1-16
Env-Wq 1708.05 Protection
of Class A Waters.
(a)
As specified in RSA 485-A:8, I, discharges of
sewage or waste to class A waters shall be prohibited.
(b)
Proposed new or increased activities that the department determines do
not involve the discharge of sewage or waste shall be reviewed in accordance
with this part.
Source. (See
Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff
12-1-16
Env-Wq 1708.06 Protection of Water Quality
in High Quality Waters.
(a) Subject to (b) through (d), below, high
quality waters shall be maintained and protected.
(b)
The department shall evaluate and authorize insignificant changes in
water quality as specified in Env-Wq 1708.09.
(c)
The department shall allow degradation of significant increments of
water quality, as determined in accordance with Env-Wq 1708.09, in high quality
waters only if the applicant can demonstrate to the department, in accordance
with Env-Wq 1708.10, that allowing the water quality degradation is necessary
to accommodate important economic or social development in the area in which
the receiving waters are located.
(d)
If the waterbody is class A
water, the requirements of Env-Wq 1708.05 also shall apply.
Source. (See
Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff
12-1-16
Env-Wq 1708.07 Submittal of Data. The applicant shall provide all information
necessary to:
(a)
Identify all existing uses, including:
(1)
Freshwater, estuarine, and marine aquatic life present in the affected
surface waters;
(2) Other
wildlife that use or otherwise are dependent on the affected surface waters;
(3) Presence
of water quality and physical habitat that support, or would support, aquatic
life or other animal or plant life;
(4) Presence
of indigenous species and communities;
(5) Presence
of a specialized use of the waterbody, such as a spawning
area or as a habitat for a federally- or state-listed threatened or endangered
species;
(6) Use of
the surface waters for recreation in or on the water, such as fishing,
swimming, and boating, or use of the surface waters for commercial activity;
and
(7) Whether
or not current conditions or uses of the surface waters conflict with achieving
and maintaining goal uses of the CWA at Section 101(a)(2) and the primary CWA
objective to restore and maintain the chemical, physical, and biological integrity
of the nation’s surface waters;
(b) Determine the
level of water quality necessary to maintain and protect all uses identified in
(a), above;
(c) Evaluate the potential impacts on existing
uses due to the proposed discharge or activity by itself,
and in combination with other discharges or activities presently occurring;
(d) Ensure that existing uses and the level of
water quality necessary to protect those uses will be maintained and protected;
(e) Evaluate the magnitude, duration, and upstream
and downstream extent of any lowering of high quality water due to the proposed
discharge or activity by itself, and in combination with other discharges or
activities presently occurring;
(f) Evaluate other factors as necessary to
determine whether the proposed activity would cause significant or
insignificant degradation, in accordance with Env-Wq 1708.09;
(g) If the discharge or activity is determined by
the department to be significant, in accordance with Env-Wq 1708.08 and Env-Wq 1708.09,
determine if a proposed lowering of water quality is necessary to achieve
important economic or social development in accordance with Env-Wq 1708.10; and
(h)
Ensure that all water quality criteria applicable to the waterbody in question will not be violated.
Source. (See
Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff
12-1-16
Env-Wq 1708.08 Assessing Waterbodies.
(a)
The applicant shall characterize the existing water quality and
determine whether there is remaining assimilative capacity for each parameter
in question.
(b)
Existing water quality shall be calculated in accordance with Env-Wq
1705.02, based on point sources discharging at their allowed loadings and the
highest loadings anticipated from nonpoint sources.
(c)
Where flows will or might be altered, existing conditions shall be
established based on the existing maximum allowed water withdrawals or
impoundment, diversion, or fluctuation of stream flow, as applicable.
(d)
Remaining assimilative capacity shall be evaluated by comparing existing
water quality, as specified in (b) and (c), above, to the state’s water quality
criteria.
(e)
If the type and frequency of the proposed discharge or activity will or
might cause the waterbody to be impacted at flows
other than those listed in Env-Wq 1705.02, the applicant shall evaluate the
impact of the proposed discharge at those other flows.
(f)
Subject to (h), below, if the department determines, based on the
information submitted, that there is no remaining assimilative capacity for a
specific parameter, no further degradation with regard to that parameter shall
be allowed.
(g) Subject to (h), below, if the department
determines, based on the information submitted, that there is some remaining
assimilative capacity, then the department shall proceed in accord with Env-Wq
1708.09.
(h)
Determinations made pursuant to (f) or (g), above, shall account for
Env-Wq 1705.01, which requires the department to reserve no less than 10% of a surface water’s assimilative capacity.
Source. (See
Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff
12-1-16
Env-Wq 1708.09 Significant or Insignificant
Determination.
(a) Any discharge or activity that is projected
to use 20%
or more of the remaining assimilative capacity for a water quality parameter,
in terms of either concentration or mass of pollutants, or volume or flow rate
for water quantity, shall be considered a significant lowering of water
quality.
(b)
The department shall not approve a discharge or activity that will cause
a significant lowering of water quality unless the applicant demonstrates, in
accordance with Env-Wq 1708.10, that the proposed lowering of water quality is
necessary to achieve important economic or social development in the area where
the waterbody is located.
(c)
Subject to (e), below, any applicant proposing an activity that will
cause an insignificant lowering of water quality shall not be required to
demonstrate that the activity is necessary to provide important economic or
social development, provided
the applicant implements best management practices to minimize degradation.
(d)
Activities allowed under (c), above shall include, but not be limited
to:
(1) Short term or intermittent discharges such as
hydrostatic testing of pipelines, fire pump test water, and uncontaminated stormwater discharges or site clean-up activities;
(2) Permanent discharges such as uncontaminated
noncontact cooling
water, uncontaminated groundwater seepage, or unchlorinated
or dechlorinated swimming pool water;
(3)
Facilities whose nonpoint source runoff is controlled through the use of
best management practices; and
(4) Any
discharge or activity that is projected to use less than 20% of the remaining
assimilative capacity for a water quality parameter, in terms of either
concentration or mass for pollutants or volume or flow rate for water quantity.
(e)
If the department determines based on the following factors that the
effect of a discharge results in a greater impact to the water quality than
that normally found in insignificant discharges, the department shall determine
that the proposed activity or discharge is significant, regardless of the
proposed consumption of the remaining assimilative capacity, and require the
applicant to demonstrate, in accordance with Env-Wq 1708.10, that a lowering of
water quality is necessary to achieve an important economic or social
development:
(1) The magnitude, duration, and spatial extent
of the proposed change in water quality;
(2) The cumulative lowering of water quality over
time resulting from the proposed activity in combination with previously
approved activities;
(3) The possible additive or synergistic effects
of the activity in combination with existing activities;
(4) The magnitude of the mass load independent of
the total assimilative capacity or change in receiving water pollutant
concentration;
(5) The toxic or bioaccumulative
characteristics of the pollutant(s) in question;
(6) The potential to stress sensitive biological
resources such as indigenous species, rare species, and threatened or
endangered species and their habitat;
(7) The potential to stress sensitive
recreational uses or water supply uses; or
(8) The quality and value of the resource.
Source. (See
Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff
12-1-16
Env-Wq 1708.10 Alternatives Analysis;
Determination of Net Economic or Social Benefits.
(a)
For purposes of this section, the following definitions shall apply:
(1) “Activity”
means any of the activities listed in Env-Wq 1708.02 as being subject to this
part, including all associated construction;
(2) “Area in
which the water body is located” means the directly affected municipality(ies) and, if necessary to quantify the net social and
economic benefits of the activity, one or more of the municipalities that abut
the directly affected municipality(ies), as
determined by the applicant in consultation with the department;
(3) “Directly
affected municipality(ies)”
means the municipality or municipalities in which the water body that will be
impacted by the activity is located; and
(4) “High value
resource” means a natural or developed resource that is of particular value to
the nation, region, state, or area in which the water body is located,
including but not limited to state- or federally-listed threatened or
endangered species, state or federal parks, public freshwater or saltwater
beaches, and lands that are subject to conservation easements.
(b)
For any activity that is determined to result in a significant impact to
the existing water quality pursuant to Env-Wq 1708.09, the applicant shall
provide documentation in accordance with (c) through (f), below, to demonstrate
that:
(1) Lowering the water quality is necessary to
accommodate the activity;
(2) The
activity will provide net economic or social benefits in the area in which the
water body is located; and
(3) The net social and economic benefits of
constructing and operating or otherwise engaging in the activity outweigh the
environmental impact that could be caused by the lower water quality.
(c) To determine whether the criteria specified
in (b)(1)-(3), above, have been met, the applicant shall complete an
alternatives analysis as described in (d), below, and submit the analysis and a
request for approval of the preferred alternative to the department together
with technically and scientifically valid supporting information.
(d) The alternatives analysis required by (c), above,
shall describe the net social and economic benefits, as described in (e),
below, and the water quality impacts, as described in (f), below, of
constructing and operating or otherwise engaging in the activity and all
practicable alternatives, including but not limited to the following:
(1) Alternative methods of production or
operation;
(2) Improved process controls;
(3) Water conservation practices;
(4) Wastewater minimization technologies;
(5) Non-discharging alternatives;
(6) Improved wastewater treatment facility
operation;
(7) Alternative methods of treatment, including
advanced treatment beyond applicable technology requirements of the Clean Water
Act;
(8) Alternative sites, and associated water
quality impacts at those sites; and
(9) For activities that involve alteration of
terrain, alternative site design that incorporates low impact development
elements, including but not limited to creating less impermeable area or
infiltrating or reusing stormwater.
(e)
To determine whether the activity will provide net social and economic
benefits in the area in which the water body is located, the applicant shall
submit information on, and the department shall evaluate,
each of the following:
(1) Whether the
activity is consistent with municipal and regional master plans and economic
development strategies; and
(2) An
explanation of the effect that constructing and operating or otherwise engaging
in the activity will have, or an explanation of why there will be no effect, on
the following factors:
a. Public and social services;
b. Public health and safety;
c. Employment;
d. Tourism and recreation; and
e. Other social or economic factors that are specific to the
area in which the water body is located.
(f)
To determine the environmental impacts of lower water quality, the
applicant shall submit information on, and the department shall evaluate, each of the following:
(1) Relative to
designated uses, the sensitivity of existing and designated uses to the effects
of constructing and operating or otherwise engaging in of the activity;
(2) Relative to
pollutants, whether any pollutants are expected to be discharged as a result of
constructing and operating or otherwise engaging in the activity and, if so,
the nature of the pollutants and the anticipated fate and transport of the
pollutants in the water body;
(3) Relative to
water quality, whether water quality is expected to change as a result of
constructing and operating or otherwise engaging in activity, and if so, the
estimated degree of change in water quality;
(4) Relative to
high value resources, whether any high value resources are present that would
be affected by constructing and operating or otherwise engaging in the
activity, and if so, the degree to which such resources are expected to be
affected;
(5) Relative to
flow characteristics or hydrologic modifications, whether any alterations to
existing flows or other hydrologic modifications are expected as a result of
constructing and operating or otherwise engaging in the proposed activity, and
if so, the impacts of such alterations or modifications;
(6) Relative to
water treatment technology, whether the activity incorporates any such
technology other than passive stormwater treatment best management practices and, if so,
the reliability of the treatment technology proposed, and the risk management
plan for non-standard situations such as accidents, upsets, or failures; and
(7) Relative to
any other factors that are specific to the affected water body or the area in
which the water body is located, a description of the factor and an explanation
of the effect of constructing and operating or otherwise engaging in the
proposed activity on that factor.
(g) After reviewing the information submitted
pursuant to (c) through (f), above, the department shall make a preliminary
determination to:
(1) Approve the request, if it determines that
the criteria specified in (b)(1)-(3), above, have been met; or
(2) Deny the request, if it determines that the
criteria specified in (b)(1)-(3), above, have not been
met.
(h) If the
department’s preliminary determination is to approve the applicant’s request,
the department shall provide the opportunity for public comment on its
preliminary decision in accordance with Env-Wq 1708.11.
Source. (See
Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff
12-1-16
Env-Wq 1708.11 Public
Participation and Intergovernmental Coordination.
(a)
The department shall provide the opportunity for public comment and an
opportunity to request a public hearing on preliminary decisions to allow any
significant lowering of water quality determined in accordance with Env-Wq
1708.09(b) or (e).
(b) The department shall issue a written notice
to the public, the municipality in which the activity is located or proposed to
be located, and all potentially affected municipalities of a preliminary
decision to allow a significant lowering of water quality.
(c)
The notice provided pursuant to (b), above, shall:
(1) Invite
written comments to be submitted to the department;
(2) Be
posted by the department on its website and in at least one public place in the
municipality in which the proposed activity will occur;
(3) Contain
the information specified in (d), below; and
(4) For
activities related to state surface water discharge permits, be
a part of the normal public participation procedures associated with the
issuance of the permit.
(d)
The notice provided pursuant to (b), above, shall include the following
information:
(1) A
description of the proposed activity;
(2) A description of each
surface water that would be affected and its use classification;
(3) A summary of the antidegradation
provisions in these rules;
(4) A determination that existing uses and the
water quality necessary thereto will be maintained and protected;
(5) A summary of the expected impacts on high
quality waters, if any;
(6) A determination that where a lowering of
water quality is allowed, all applicable water quality criteria will be met,
designated uses will be protected, and any higher water quality achievable by
the most stringent applicable technology-based requirements will be maintained;
(7) A summary of any other information that is
relevant to how the activity complies or does not comply with the requirements
of these rules;
(8) The summary of the important economic or
social development that will be achieved by allowing the proposed activity, if
applicable;
(9) A summary of the alternatives analysis and a
finding that the lowering of water quality is necessary to provide a net
economic and social benefit;
(10) The deadlines for submitting a request for
public hearing and submitting written comments; and
(11) The name, address, and telephone number of the
department employee to whom all written comments or requests for public hearing
can be sent.
(e) To fulfill intergovernmental coordination,
the department shall send a copy of the public notice to the following agencies
and request
comments:
(1) NH
department of resources and economic development;
(2) NH
department of health and human services;
(3) NH fish
and game department;
(4) NH
office of energy and planning;
(5) Local river advisory committees, if
applicable;
(6) US EPA Region I;
(7) US Army Corps of Engineers;
(8) US Fish and Wildlife Service;
(9) National Marine Fisheries Service;
(10) National Park Service; and
(11) Natural Resources Conservation Service.
(f) The department shall:
(1) Prepare a summary of all comments received as
a result of public participation and intergovernmental coordination and provide
responses; and
(2) Post the summary of comments and responses on
its website.
(g) If the department receives a request to hold
a public hearing, the department shall issue public notice and conduct a public
hearing in accordance with the provisions of Env-C 200 that apply to
non-adjudicative proceedings.
(h)
Following this public participation process, the department shall
consider all comments and other information submitted during the process and make a final decision to allow or deny the proposed impact
on water quality.
(i) The department shall notify the applicant in
writing of its decision. If the
application is denied and the applicant wishes to pursue the project, the
applicant shall:
(1) Revise
the submittal to decrease or eliminate the projected impact to high quality
waters and resubmit the application for consideration under the full review
process; or
(2) Appeal
the decision as a permitting decision pursuant to RSA 21-O:14.
Source. (See
Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff
12-1-16
Env-Wq 1708.12 Transfer of Water.
(a) In this section,
“transfer” means the intentional conveyance of water from one surface water to another surface water for the purpose of increasing the
volume of water available for withdrawal from the receiving surface water. The term does not include the transfer of stormwater, for the purpose of managing stormwater
during construction, between basins created or otherwise lawfully used for stormwater detention or treatment, or both, and does not
include the discharge of stormwater from a detention
or treatment basin to a surface water.
(b) A transfer shall be subject to (c) and (d), below, if
one or more of the following apply:
(1) The
transfer was not in active operation, as determined pursuant to (f) through (i), below, prior to the effective date of the 2011
readoption of this section, August 23, 2011;
(2) The
transfer is causing or contributing to a violation of surface water quality
standards in the source water or receiving water; or
(3) A change
that could impact any designated use of the source water or receiving water is
made to the transfer on or after August 23, 2011 such that a water
quality certification is required under RSA 485-A:12, III or IV.
(c) The transfer of water from
one surface water to another shall be allowed only if all of the
following conditions are met:
(1) The transferred water does not contain exotic
aquatic species or other species of aquatic life that could result in a
violation of Env-Wq 1703.19, relative to the integrity of the biological and
aquatic community, in the receiving water;
(2) Existing and designated uses will be maintained and supported in the source water
and in the receiving water;
(3) The withdrawal from the source water
and transfer to the receiving water either:
a.
Will not result in any
degradation of water quality; or
b. Have both
been reviewed under the process specified in Env-Wq 1708.10 and determined by
the department to meet the criteria specified for approval in Env-Wq
1708.10(b)(1)-(3); and
(4) A water conservation plan that meets the
water conservation requirements set forth in Env-Wq 2101 has been approved by
the department and is being complied with.
(d) Transferred water may be treated to comply
with the requirements of this section.
(e) The transfer of water shall not constitute a
discharge under RSA 485-A:8, I, or RSA 485-A:13, I(a)
if:
(1) The transfer is not subject to (c) and (d),
above, pursuant to (b), above; or
(2) All of the conditions specified in (c),
above, are met.
(f) A transfer shall be deemed to have been in
active operation prior to August 23, 2011 if all of the following are true:
(1) The
infrastructure necessary for the transfer is in place and in usable condition;
(2) Water
has been transferred for at least one day in each of at least 3 years from 2000
through 2011; and
(3) At the
time of its original initiation, the transfer complied with applicable legal
requirements.
(g) If a transfer does not meet the conditions
specified in (f), above, the person responsible for the transfer may request
the department to make a determination that the transfer was in active
operation by submitting the following information in writing:
(1) The
reason(s) why the infrastructure necessary for the transfer is not in place or
is not in usable condition, if applicable;
(2) The
total time span, in years, over which the transfer has occurred from the first
known transfer to the present;
(3) The most recent year during which the transfer occurred; and
(4) Why,
based on the information provided in (1)-(3), above, it would be a fair and
just result for the department to determine that the transfer qualifies as a
transfer that was in active operation prior to August 23, 2011.
(h) If the department determines, based on
information provided pursuant to (g), above, that it would be fair and just to determine that
the transfer qualifies as a transfer that was in active operation prior to
August 23, 2011, then the department shall make that determination.
(i) The department shall notify the person who
requested a determination pursuant to (g), above, in writing of its decision.
Source. (See
Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff
12-1-16
PART Env-Wq 1709 CHANGE IN DESIGNATED USES
Env-Wq 1709.01 Definition. For purposes of
this part, “change in designated use” means the removal of a designated use
that is not an existing use, or the establishment of subcategories of a
designated use.
Source. (See
Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff
12-1-16
Env-Wq 1709.02 Use Attainability Analysis
Required. Before determining whether
to propose a change in designated use, the department shall conduct a use
attainability analysis in accordance with 40 CFR § 131.10.
Source. (See
Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff
12-1-16
Env-Wq 1709.03 Process to Propose Change in
Designated Use.
(a)
Based on the information obtained as a result of the use attainability
analysis performed pursuant to Env-Wq 1709.02, the department shall determine whether a change in a designated use
should be proposed as specified in (b), below.
(b) The department shall make the determination
required by (a), above, when attaining a designated use is not feasible based
on 40 CFR 131.10(g), as reprinted in Appendix F.
(c) If the department determines that a change in
designated use should be proposed, the department shall conduct a
non-adjudicative public hearing in accordance with the provisions of Env-C 200 applicable to non-adjudicative hearings to
receive public comment on the determination.
(d) If the department continues to believe after
the public comment period that a change in designated use should be proposed,
the department shall propose that the change in designated use be made.
Source. (See
Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff
12-1-16
Appendix A: State or Federal
Statutes or Regulations Implemented
Rule
Section(s) |
State
Statute or Federal Statute or Regulation Implemented |
|
|
Env-Wq 1701 (also see specific section listed below) |
RSA 485-A:4, V; RSA 485-A:8, VI; 33 U.S.C. 1251 et seq. |
Env-Wq 1701.03 |
RSA 485-A:13, I(a); 33 USC 1251 et seq.; 40 CFR § 122.47 |
Env-Wq 1702 |
RSA 485-A:4, V; RSA 485-A:8, VI; 33 U.S.C. 1251 et seq. |
Env-Wq 1703 |
RSA 485-A:4, V; RSA 485-A:8, I, II, & III; RSA
485-A:8, VI; 33 U.S.C. 1251 et
seq |
Env-Wq 1704 |
RSA 485-A:4, V; RSA 485-A:8, VI; 33 U.S.C. 1251 et seq |
Env-Wq 1705 |
RSA 485-A:4, V; RSA 485-A:6, VII; RSA 485-A:8, VI; RSA 485-A:13, I(a); 33 U.S.C. 1251 et seq |
Env-Wq 1706 |
RSA 485-A:4, V; RSA 485-A:8, VI; 33 U.S.C. 1251 et seq |
Env-Wq 1707 |
RSA 485-A:4, V; RSA 485-A:8, VI; 33 U.S.C. 1251 et seq |
Env-Wq 1708 |
RSA 485-A:4, V; RSA 485-A:8, VI; 33 U.S.C. 1251 et seq |
Env-Wq 1709 |
RSA 485-A:4, V; RSA 485-A:8, VI; 33 U.S.C. 1251 et seq |
Appendix B: Incorporated References
Rule (Env-Wq) |
Reference |
Obtain At: |
1703.05(c) |
“EPA Combined Sewer Overflow (CSO) Control Policy”, EPA
830-B-94-001, dated April, 1994 |
Available at no charge from EPA National Service Center for
Environmental Publications at https://www.epa.gov/nscep or
directly at |
1703.22(d) intro |
“Interim Guidance on Determination and Use of Water-Effect Ratios
for Metals”, EPA-823-B-94-001, dated February 1994 |
Available at no charge from EPA National Service Center for
Environmental Publications at https://www.epa.gov/nscep or
directly at: |
1703.22(d) (1) |
“Streamlined Water-Effect Ratio procedure for Discharges of Copper”,
EPA-822-R-01-005, dated March 2001 |
Available at no charge from EPA National Service Center for
Environmental Publications at https://www.epa.gov/nscep or
directly at: |
1703.22(d) (2) |
“Aquatic Life Ambient Freshwater Quality Criteria - Copper”, EPA-822-R-07-001,
dated February 2007 |
Available at no charge from EPA National Service Center for
Environmental Publications at https://www.epa.gov/nscep or
directly at: |
1704.02 intro |
“Methodology for Deriving Ambient Water Quality Criteria for the
Protection of Human Health,” EPA 822-B-00-004, dated October 2000 |
Available at no charge from EPA National Service Center for
Environmental Publications at https://www.epa.gov/nscep or
directly at: |
1704.02(a) |
“Volume 1: Risk Assessment”, EPA 822-B-00-005, dated October 2000 |
Available at no charge from EPA National Service Center for
Environmental Publications at https://www.epa.gov/nscep or
directly at: |
1704.02(b) |
“Volume 2: Development of National Bioaccumulation Factors”,
EPA-822-R-03-030, dated December 2003 |
Available at no charge from EPA National Service Center for
Environmental Publications at https://www.epa.gov/nscep or
directly at: |
1704.02(c) |
“Volume 3: Development of Site-Specific Bioaccumulation Factors”,
EPA-822-R-09-008, dated September 2009 |
Available at no charge from EPA National Service Center for
Environmental Publications at https://www.epa.gov/nscep or
directly at: |
1707.04 |
“Technical Support Document for Water Quality-based Toxics Control”,
EPA/505/2-90-001, dated March 1991 |
Available at no charge from: |
Appendix C: Statutory Definitions
RSA 485-A:2:
VI.
“Industrial waste” means any liquid, gaseous or solid waste substance resulting
from any process of industry, manufacturing trade or business or from
development of any natural resources.
VIII. “Other
wastes” means garbage, municipal refuse, decayed wood, sawdust, shavings, bark,
lime, ashes, offal, oil, tar, chemicals and other substances other than sewage
or industrial wastes, and any other substance harmful to human, animal, fish or
aquatic life.
X. “Sewage”
means the water-carried waste products from buildings, public or private,
together with such groundwater infiltration and surface water as may be
present.
XIV. “Surface
waters of the state” means perennial and seasonal streams, lakes, ponds, and
tidal waters within the jurisdiction of the state, including all streams,
lakes, or ponds bordering on the state, marshes, water courses, and other
bodies of water, natural or artificial.
XVI. “Waste”
means industrial waste and other wastes.
RSA
482-A:2:
X. “Wetlands”
means an area that is inundated or saturated by surface water or groundwater at
a frequency and duration sufficient to support, and that under normal
conditions does support, a prevalence of vegetation typically adapted for life in
saturated soil conditions.
Appendix D: Federal Definitions
40 CFR
122.2:
Pollutant means dredged spoil, solid waste, incinerator residue, filter
backwash, sewage, garbage, sewage sludge, munitions, chemical wastes,
biological materials, radioactive materials (except those regulated under the
Atomic Energy Act of 1954, as amended (42 U.S.C. 2011 et seq.)), heat, wrecked or discarded equipment, rock, sand, cellar
dirt and industrial, municipal, and agricultural waste discharged into water.
It does not mean:
(a) Sewage from vessels; or
(b)
Water, gas, or other material which is injected into a well to facilitate
production of oil or gas, or water derived in association with oil and gas
production and disposed of in a well, if the well [that is] used either to
facilitate production or for disposal purposes is approved by authority of the
State in which the well is located, and if the State determines that the
injection or disposal will not result in the degradation of ground or surface
water resources.
Note: Radioactive materials covered by
the Atomic Energy Act are those encompassed in its definition of source,
byproduct, or special nuclear materials. Examples of materials not covered
include radium and accelerator-produced isotopes. See Train v. Colorado Public Interest Research Group, Inc., 426 U.S. 1
(1976).
Appendix E: Summary of Bacteria Standards from RSA 485-A:8
Type of Waters |
Standard |
Class A other than designated beach areas |
Not more than: (1) A geometric mean based on
at least 3 samples obtained over a 60-day period of 47 Escherichia coli
(E. coli) per 100 milliliters, unless naturally occurring; or (2) 153 E. coli
per 100 milliliters in any one sample, unless naturally occurring. |
Class B other than designated beach areas |
Not more than: (1) A geometric mean based on
at least 3 samples obtained over a 60-day period of 126 E. coli
per 100 milliliters, unless naturally occurring; or (2) 406 E. coli
per 100 milliliters in any one sample, unless naturally occurring. |
Class A or Class B at designated beach areas |
Not more than: (1) A geometric mean based on
at least 3 samples obtained over a 60-day period of 47 E. coli
per 100 milliliters, unless naturally occurring; or (2) 88 E. coli
per 100 milliliters in any one sample, unless naturally occurring. |
Tidal waters used for swimming |
Not more than: (1) A geometric mean based on
at least 3 samples obtained over a 60-day period of 35 enterococci per
100 milliliters, unless naturally occurring; or (2) 104 enterococci
per 100 milliliters in any one sample, unless naturally occurring. |
Tidal waters used for growing or taking of shellfish for human
consumption |
Same as for tidal waters used for swimming, PLUS must meet
criteria recommended under the National Shellfish Program Manual of
Operation, US DHHS, Food and Drug Administration. |
Appendix F: Criteria for Determination of Change in Designated Use
40 CFR
§131.10 Designation of uses.
(g) States may remove a designated use which is
not an existing use, as defined in § 131.3, or establish sub-categories of a
use if the State can demonstrate that attaining the designated use is not
feasible because:
(1) Naturally occurring pollutant concentrations
prevent the attainment of the use; or
(2) Natural, ephemeral, intermittent or low flow
conditions or water levels prevent the attainment of the use, unless these
conditions may be compensated for by the discharge of sufficient volume of
effluent discharges without violating State water conservation requirements to
enable uses to be met; or
(3) Human caused conditions or sources of
pollution prevent the attainment of the use and cannot be remedied or would
cause more environmental damage to correct than to leave in place; or
(4) Dams, diversions or other types of hydrologic
modifications preclude the attainment of the use, and it is not feasible to
restore the water body to its original condition or to operate such
modification in a way that would result in the attainment of the use; or
(5) Physical conditions related to the natural features
of the water body, such as the lack of a proper substrate, cover, flow, depth,
pools, riffles, and the like, unrelated to water quality, preclude attainment
of aquatic life protection uses; or
(6) Controls more stringent than those required
by sections 301(b) and 306 of the Act would result in substantial and
widespread economic and social impact.