Collapse to view only § 131.40 - Puerto Rico

§ 131.31 - Arizona.

(a) [Reserved]

(b) The following waters have, in addition to the uses designated by the State, the designated use of fish consumption as defined in R18-11-101 (which is available from the Arizona Department of Environmental Quality, Water Quality Division, 3033 North Central Ave., Phoenix, AZ 85012):

COLORADO MAIN STEM RIVER BASIN: Hualapai Wash MIDDLE GILA RIVER BASIN: Agua Fria River (Camelback Road to Avondale WWTP) Galena Gulch Gila River (Felix Road to the Salt River) Queen Creek (Headwaters to the Superior WWTP) Queen Creek (Below Potts Canyon) SAN PEDRO RIVER BASIN: Copper Creek SANTA CRUZ RIVER BASIN: Agua Caliente Wash Nogales Wash Sonoita Creek (Above the town of Patagonia) Tanque Verde Creek Tinaja Wash Davidson Canyon UPPER GILA RIVER BASIN Chase Creek

(c) To implement the requirements of R18-11-108.A.5 with respect to effects of mercury on wildlife, EPA (or the State with the approval of EPA) shall implement a monitoring program to assess attainment of the water quality standard.

(Sec. 303, Federal Water Pollution Control Act, as amended, 33 U.S.C. 1313, 86 Stat. 816 et seq., Pub. L. 92-500; Clean Water Act, Pub. L. 92-500, as amended; 33 U.S.C. 1251 et seq.) [41 FR 25000, June 22, 1976; 41 FR 48737, Nov. 5, 1976. Redesignated and amended at 42 FR 56740, Oct. 28, 1977. Further redesignated and amended at 48 FR 51408, Nov. 8, 1983; 61 FR 20693, May 7, 1996; 68 FR 62744, Nov. 6, 2003]

§ 131.32 - [Reserved]

§ 131.33 - Idaho.

(a) Temperature criteria for bull trout. (1) Except for those streams or portions of streams located in Indian country, or as may be modified by the Regional Administrator, EPA Region X, pursuant to paragraph (a)(3) of this section, a temperature criterion of 10 °C, expressed as an average of daily maximum temperatures over a seven-day period, applies to the waterbodies identified in paragraph (a)(2) of this section during the months of June, July, August and September.

(2) The following waters are protected for bull trout spawning and rearing:

(i) BOISE-MORE BASIN: Devils Creek, East Fork Sheep Creek, Sheep Creek.

(ii) BROWNLEE RESERVOIR BASIN: Crooked River, Indian Creek.

(iii) CLEARWATER BASIN: Big Canyon Creek, Cougar Creek, Feather Creek, Laguna Creek, Lolo Creek, Orofino Creek, Talapus Creek, West Fork Potlatch River.

(iv) COEUR D'ALENE LAKE BASIN: Cougar Creek, Fernan Creek, Kid Creek, Mica Creek, South Fork Mica Creek, Squaw Creek, Turner Creek.

(v) HELLS CANYON BASIN: Dry Creek, East Fork Sheep Creek, Getta Creek, Granite Creek, Kurry Creek, Little Granite Creek, Sheep Creek.

(vi) LEMHI BASIN: Adams Creek, Alder Creek, Basin Creek, Bear Valley Creek, Big Eightmile Creek, Big Springs Creek, Big Timber Creek, Bray Creek, Bull Creek, Cabin Creek, Canyon Creek, Carol Creek, Chamberlain Creek, Clear Creek, Climb Creek, Cooper Creek, Dairy Creek, Deer Creek, Deer Park Creek, East Fork Hayden Creek, Eighteenmile Creek, Falls Creek, Ferry Creek, Ford Creek, Geertson Creek, Grove Creek, Hawley Creek, Hayden Creek, Kadletz Creek, Kenney Creek, Kirtley Creek, Lake Creek, Lee Creek, Lemhi River (above Big Eightmile Creek), Little Eightmile Creek, Little Mill Creek, Little Timber Creek, Middle Fork Little Timber Creek, Milk Creek, Mill Creek, Mogg Creek, North Fork Kirtley Creek, North Fork Little Timber Creek, Paradise Creek, Patterson Creek, Payne Creek, Poison Creek, Prospect Creek, Rocky Creek, Short Creek, Squaw Creek, Squirrel Creek, Tobias Creek, Trail Creek, West Fork Hayden Creek, Wright Creek.

(vii) LITTLE LOST BASIN: Badger Creek, Barney Creek, Bear Canyon, Bear Creek, Bell Mountain Creek, Big Creek, Bird Canyon, Black Creek, Buck Canyon, Bull Creek, Cedar Run Creek, Chicken Creek, Coal Creek, Corral Creek, Deep Creek, Dry Creek, Dry Creek Canal, Firbox Creek, Garfield Creek, Hawley Canyon, Hawley Creek, Horse Creek, Horse Lake Creek, Iron Creek, Jackson Creek, Little Lost River (above Badger Creek), Mahogany Creek, Main Fork Sawmill Creek, Massacre Creek, Meadow Creek, Mill Creek, Moffett Creek, Moonshine Creek, Quigley Creek, Red Rock Creek, Sands Creek, Sawmill Creek, Slide Creek, Smithie Fork, Squaw Creek, Summerhouse Canyon, Summit Creek, Timber Creek, Warm Creek, Wet Creek, Williams Creek.

(viii) LITTLE SALMON BASIN: Bascum Canyon, Boulder Creek, Brown Creek, Campbell Ditch, Castle Creek, Copper Creek, Granite Fork Lake Fork Rapid River, Hard Creek, Hazard Creek, Lake Fork Rapid River, Little Salmon River (above Hazard Creek), Paradise Creek, Pony Creek, Rapid River, Squirrel Creek, Trail Creek, West Fork Rapid River.

(ix) LOCHSA BASIN: Apgar Creek, Badger Creek, Bald Mountain Creek, Beaver Creek, Big Flat Creek, Big Stew Creek, Boulder Creek, Brushy Fork, Cabin Creek, Castle Creek, Chain Creek, Cliff Creek, Coolwater Creek, Cooperation Creek, Crab Creek, Crooked Fork Lochsa River, Dan Creek, Deadman Creek, Doe Creek, Dutch Creek, Eagle Creek, East Fork Papoose Creek, East Fork Split Creek, East Fork Squaw Creek, Eel Creek, Fern Creek, Fire Creek, Fish Creek, Fish Lake Creek, Fox Creek, Gass Creek, Gold Creek, Ham Creek, Handy Creek, Hard Creek, Haskell Creek, Heather Creek, Hellgate Creek, Holly Creek, Hopeful Creek, Hungery Creek, Indian Grave Creek, Jay Creek, Kerr Creek, Kube Creek, Lochsa River, Lone Knob Creek, Lottie Creek, Macaroni Creek, Maud Creek, Middle Fork Clearwater River, No-see-um Creek, North Fork Spruce Creek, North Fork Storm Creek, Nut Creek, Otter Slide Creek, Pack Creek, Papoose Creek, Parachute Creek, Pass Creek, Pedro Creek, Pell Creek, Pete King Creek, Placer Creek, Polar Creek, Postoffice Creek, Queen Creek, Robin Creek, Rock Creek, Rye Patch Creek, Sardine Creek, Shoot Creek, Shotgun Creek, Skookum Creek, Snowshoe Creek, South Fork Spruce Creek, South Fork Storm Creek, Split Creek, Sponge Creek, Spring Creek, Spruce Creek, Squaw Creek, Storm Creek, Tick Creek, Tomcat Creek, Tumble Creek, Twin Creek, Wag Creek, Walde Creek, Walton Creek, Warm Springs Creek, Weir Creek, Wendover Creek, West Fork Boulder Creek, West Fork Papoose Creek, West Fork Squaw Creek, West Fork Wendover Creek, White Sands Creek, Willow Creek.

(x) LOWER CLARK FORK BASIN: Cascade Creek, East Fork, East Fork Creek, East Forkast Fork Creek, Gold Creek, Johnson Creek, Lightning Creek, Mosquito Creek, Porcupine Creek, Rattle Creek, Spring Creek, Twin Creek, Wellington Creek.

(xi) LOWER KOOTENAI BASIN: Ball Creek, Boundary Creek, Brush Creek, Cabin Creek, Caribou Creek, Cascade Creek, Cooks Creek, Cow Creek, Curley Creek, Deep Creek, Grass Creek, Jim Creek, Lime Creek, Long Canyon Creek, Mack Creek, Mission Creek, Myrtle Creek, Peak Creek, Snow Creek, Trout Creek.

(xii) LOWER MIDDLE FORK SALMON BASIN: Acorn Creek, Alpine Creek, Anvil Creek, Arrastra Creek, Bar Creek, Beagle Creek, Beaver Creek, Belvidere Creek, Big Creek, Birdseye Creek, Boulder Creek, Brush Creek, Buck Creek, Bull Creek, Cabin Creek, Camas Creek, Canyon Creek, Castle Creek, Clark Creek, Coin Creek, Corner Creek, Coxey Creek, Crooked Creek, Doe Creek, Duck Creek, East Fork Holy Terror Creek, Fawn Creek, Flume Creek, Fly Creek, Forge Creek, Furnace Creek, Garden Creek, Government Creek, Grouse Creek, Hammer Creek, Hand Creek, Holy Terror Creek, J Fell Creek, Jacobs Ladder Creek, Lewis Creek, Liberty Creek, Lick Creek, Lime Creek, Little Jacket Creek, Little Marble Creek, Little White Goat Creek, Little Woodtick Creek, Logan Creek, Lookout Creek, Loon Creek, Martindale Creek, Meadow Creek, Middle Fork Smith Creek, Monumental Creek, Moore Creek, Mulligan Creek, North Fork Smith Creek, Norton Creek, Placer Creek, Pole Creek, Rams Creek, Range Creek, Routson Creek, Rush Creek, Sawlog Creek, Sheep Creek, Sheldon Creek, Shellrock Creek, Ship Island Creek, Shovel Creek, Silver Creek, Smith Creek, Snowslide Creek, Soldier Creek, South Fork Camas Creek, South Fork Chamberlain Creek, South Fork Holy Terror Creek, South Fork Norton Creek, South Fork Rush Creek, South Fork Sheep Creek, Spider Creek, Spletts Creek, Telephone Creek, Trail Creek, Two Point Creek, West Fork Beaver Creek, West Fork Camas Creek, West Fork Monumental Creek, West Fork Rush Creek, White Goat Creek, Wilson Creek.

(xiii) LOWER NORTH FORK CLEARWATER BASIN: Adair Creek, Badger Creek, Bathtub Creek, Beaver Creek, Black Creek, Brush Creek, Buck Creek, Butte Creek, Canyon Creek, Caribou Creek, Crimper Creek, Dip Creek, Dog Creek, Elmer Creek, Falls Creek, Fern Creek, Goat Creek, Isabella Creek, John Creek, Jug Creek, Jungle Creek, Lightning Creek, Little Lost Lake Creek, Little North Fork Clearwater River, Lost Lake Creek, Lund Creek, Montana Creek, Mowitch Creek, Papoose Creek, Pitchfork Creek, Rocky Run, Rutledge Creek, Spotted Louis Creek, Triple Creek, Twin Creek, West Fork Montana Creek, Willow Creek.

(xiv) LOWER SALMON BASIN: Bear Gulch, Berg Creek, East Fork John Day Creek, Elkhorn Creek, Fiddle Creek, French Creek, Hurley Creek, John Day Creek, Kelly Creek, Klip Creek, Lake Creek, Little Slate Creek, Little Van Buren Creek, No Business Creek, North Creek, North Fork Slate Creek, North Fork White Bird Creek, Partridge Creek, Slate Creek, Slide Creek, South Fork John Day Creek, South Fork White Bird Creek, Warm Springs Creek.

(xv) LOWER SELWAY BASIN: Anderson Creek, Bailey Creek, Browns Spring Creek, Buck Lake Creek, Butte Creek, Butter Creek, Cabin Creek, Cedar Creek, Chain Creek, Chute Creek, Dent Creek, Disgrace Creek, Double Creek, East Fork Meadow Creek, East Fork Moose Creek, Elbow Creek, Fivemile Creek, Fourmile Creek, Gate Creek, Gedney Creek, Goddard Creek, Horse Creek, Indian Hill Creek, Little Boulder Creek, Little Schwar Creek, Matteson Creek, Meadow Creek, Monument Creek, Moose Creek, Moss Creek, Newsome Creek, North Fork Moose Creek, Rhoda Creek, Saddle Creek, Schwar Creek, Shake Creek, Spook Creek, Spur Creek, Tamarack Creek, West Fork Anderson Creek, West Fork Gedney Creek, West Moose Creek, Wounded Doe Creek.

(xvi) MIDDLE FORK CLEARWATER BASIN: Baldy Creek, Big Cedar Creek, Browns Spring Creek, Clear Creek, Middle Fork Clear Creek, Pine Knob Creek, South Fork Clear Creek.

(xvii) MIDDLE FORK PAYETTE BASIN: Bull Creek, Middle Fork Payette River (above Fool Creek), Oxtail Creek, Silver Creek, Sixteen-to-one Creek.

(xviii) MIDDLE SALMON-CHAMBERLAIN BASIN: Arrow Creek, Bargamin Creek, Bat Creek, Bay Creek, Bear Creek, Bend Creek, Big Elkhorn Creek, Big Harrington Creek, Big Mallard Creek, Big Squaw Creek, Bleak Creek, Bronco Creek, Broomtail Creek, Brown Creek, Cayuse Creek, Center Creek, Chamberlain Creek, Cliff Creek, Colt Creek, Corn Creek, Crooked Creek, Deer Creek, Dennis Creek, Disappointment Creek, Dismal Creek, Dog Creek, East Fork Fall Creek, East Fork Horse Creek, East Fork Noble Creek, Fall Creek, Filly Creek, Fish Creek, Flossie Creek, Game Creek, Gap Creek, Ginger Creek, Green Creek, Grouse Creek, Guard Creek, Hamilton Creek, Horse Creek, Hot Springs Creek, Hotzel Creek, Hungry Creek, Iodine Creek, Jack Creek, Jersey Creek, Kitchen Creek, Lake Creek, Little Horse Creek, Little Lodgepole Creek, Little Mallard Creek, Lodgepole Creek, Mayflower Creek, McCalla Creek, Meadow Creek, Moose Creek, Moose Jaw Creek, Mule Creek, Mustang Creek, No Name Creek, Owl Creek, Poet Creek, Pole Creek, Porcupine Creek, Prospector Creek, Pup Creek, Queen Creek, Rainey Creek, Ranch Creek, Rattlesnake Creek, Red Top Creek, Reynolds Creek, Rim Creek, Ring Creek, Rock Creek, Root Creek, Runaway Creek, Sabe Creek, Saddle Creek, Salt Creek, Schissler Creek, Sheep Creek, Short Creek, Shovel Creek, Skull Creek, Slaughter Creek, Slide Creek, South Fork Cottonwood Creek, South Fork Chamberlain Creek, South Fork Kitchen Creek, South Fork Salmon River, Spread Creek, Spring Creek, Starvation Creek, Steamboat Creek, Steep Creek, Stud Creek, Warren Creek, Webfoot Creek, West Fork Chamberlain Creek, West Fork Rattlesnake Creek, West Horse Creek, Whimstick Creek, Wind River, Woods Fork Horse Creek.

(xix) MIDDLE SALMON-PANTHER BASIN: Allen Creek, Arnett Creek, Beaver Creek, Big Deer Creek, Blackbird Creek, Boulder Creek, Cabin Creek, Camp Creek, Carmen Creek, Clear Creek, Colson Creek, Copper Creek, Corral Creek, Cougar Creek, Cow Creek, Deadhorse Creek, Deep Creek, East Boulder Creek, Elkhorn Creek, Fawn Creek, Fourth Of July Creek, Freeman Creek, Homet Creek, Hughes Creek, Hull Creek, Indian Creek, Iron Creek, Jackass Creek, Jefferson Creek, Jesse Creek, Lake Creek, Little Deep Creek, Little Hat Creek, Little Sheep Creek, McConn Creek, McKim Creek, Mink Creek, Moccasin Creek, Moose Creek, Moyer Creek, Musgrove Creek, Napias Creek, North Fork Hughes Creek, North Fork Iron Creek, North Fork Salmon River, North Fork Williams Creek, Opal Creek, Otter Creek, Owl Creek, Panther Creek, Park Creek, Phelan Creek, Pine Creek, Pony Creek, Porphyry Creek, Pruvan Creek, Rabbit Creek, Rancherio Creek, Rapps Creek, Salt Creek, Salzer Creek, Saw Pit Creek, Sharkey Creek, Sheep Creek, South Fork Cabin Creek, South Fork Iron Creek, South Fork Moyer Creek, South Fork Phelan Creek, South Fork Sheep Creek, South Fork Williams Creek, Spring Creek, Squaw Creek, Trail Creek, Twelvemile Creek, Twin Creek, Weasel Creek, West Fork Blackbird Creek, West Fork Iron Creek, Williams Creek, Woodtick Creek.

(xx) MOYIE BASIN: Brass Creek, Bussard Creek, Copper Creek, Deer Creek, Faro Creek, Keno Creek, Kreist Creek, Line Creek, McDougal Creek, Mill Creek, Moyie River (above Skin Creek), Placer Creek, Rutledge Creek, Skin Creek, Spruce Creek, West Branch Deer Creek.

(xxi) NORTH AND MIDDLE FORK BOISE BASIN: Abby Creek, Arrastra Creek, Bald Mountain Creek, Ballentyne Creek, Banner Creek, Bayhouse Creek, Bear Creek, Bear River, Big Gulch, Big Silver Creek, Billy Creek, Blackwarrior Creek, Bow Creek, Browns Creek, Buck Creek, Cabin Creek, Cahhah Creek, Camp Gulch, China Fork, Coma Creek, Corbus Creek, Cow Creek, Crooked River, Cub Creek, Decker Creek, Dutch Creek, Dutch Frank Creek, East Fork Roaring River, East Fork Swanholm Creek, East Fork Yuba River, Flint Creek, Flytrip Creek, Gotch Creek, Graham Creek, Granite Creek, Grays Creek, Greylock Creek, Grouse Creek, Hot Creek, Hungarian Creek, Joe Daley Creek, Johnson Creek, Kid Creek, King Creek, La Mayne Creek, Leggit Creek, Lightning Creek, Little Queens River, Little Silver Creek, Louise Creek, Lynx Creek, Mattingly Creek, McKay Creek, McLeod Creek, McPhearson Creek, Middle Fork Boise River (above Roaring River), Middle Fork Corbus Creek, Middle Fork Roaring River, Mill Creek, Misfire Creek, Montezuma Creek, North Fork Boise River (above Bear River), Phifer Creek, Pikes Fork, Quartz Gulch, Queens River, Rabbit Creek, Right Creek, Roaring River, Robin Creek, Rock Creek, Rockey Creek, Sawmill Creek, Scenic Creek, Scotch Creek, Scott Creek, Shorip Creek, Smith Creek, Snow Creek, Snowslide Creek, South Fork Corbus Creek, South Fork Cub Creek, Spout Creek, Steamboat Creek, Steel Creek, Steppe Creek, Swanholm Creek, Timpa Creek, Trail Creek, Trapper Creek, Tripod Creek, West Fork Creek, West Warrior Creek, Willow Creek, Yuba River.

(xxii) NORTH FORK PAYETTE BASIN: Gold Fork River, North Fork Gold Fork River, Pearsol Creek.

(xxiii) AHSIMEROI BASIN: Baby Creek, Bear Creek, Big Creek, Big Gulch, Burnt Creek, Christian Gulch, Dead Cat Canyon, Ditch Creek, Donkey Creek, Doublespring Creek, Dry Canyon, Dry Gulch, East Fork Burnt Creek, East Fork Morgan Creek, East Fork Pahsimeroi River, East Fork Patterson Creek, Elkhorn Creek, Falls Creek, Goldberg Creek, Hillside Creek, Inyo Creek, Long Creek, Mahogany Creek, Mill Creek, Morgan Creek, Morse Creek, Mulkey Gulch, North Fork Big Creek, North Fork Morgan Creek, Pahsimeroi River (above Big Creek), Patterson Creek, Rock Spring Canyon, Short Creek, Snowslide Creek, South Fork Big Creek, Spring Gulch, Squaw Creek, Stinking Creek, Tater Creek, West Fork Burnt Creek, West Fork North Fork Big Creek.

(xxiv) PAYETTE BASIN: Squaw Creek, Third Fork Squaw Creek.

(xxv) PEND OREILLE LAKE BASIN: Branch North Gold Creek, Cheer Creek, Chloride Gulch, Dry Gulch, Dyree Creek, Flume Creek, Gold Creek, Granite Creek, Grouse Creek, Kick Bush Gulch, North Fork Grouse Creek, North Gold Creek, Plank Creek, Rapid Lightning Creek, South Fork Grouse Creek, Strong Creek, Thor Creek, Trestle Creek, West Branch Pack River, West Gold Creek, Wylie Creek, Zuni Creek.

(xxvi) PRIEST BASIN: Abandon Creek, Athol Creek, Bath Creek, Bear Creek, Bench Creek, Blacktail Creek, Bog Creek, Boulder Creek, Bugle Creek, Canyon Creek, Caribou Creek, Cedar Creek, Chicopee Creek, Deadman Creek, East Fork Trapper Creek, East River, Fedar Creek, Floss Creek, Gold Creek, Granite Creek, Horton Creek, Hughes Fork, Indian Creek, Jackson Creek, Jost Creek, Kalispell Creek, Kent Creek, Keokee Creek, Lime Creek, Lion Creek, Lost Creek, Lucky Creek, Malcom Creek, Middle Fork East River, Muskegon Creek, North Fork Granite Creek, North Fork Indian Creek, Packer Creek, Rock Creek, Ruby Creek, South Fork Granite Creek, South Fork Indian Creek, South Fork Lion Creek, Squaw Creek, Tango Creek, Tarlac Creek, The Thorofare, Trapper Creek, Two Mouth Creek, Uleda Creek, Priest R. (above Priest Lake), Zero Creek.

(xxvii) SOUTH FORK BOISE BASIN: Badger Creek, Bear Creek, Bear Gulch, Big Smoky Creek, Big Water Gulch, Boardman Creek, Burnt Log Creek, Cayuse Creek, Corral Creek, Cow Creek, Edna Creek, Elk Creek, Emma Creek, Feather River, Fern Gulch, Grape Creek, Gunsight Creek, Haypress Creek, Heather Creek, Helen Creek, Johnson Creek, Lincoln Creek, Little Cayuse Creek, Little Rattlesnake Creek, Little Skeleton Creek, Little Smoky Creek, Loggy Creek, Mule Creek, North Fork Ross Fork, Pinto Creek, Rattlesnake Creek, Ross Fork, Russel Gulch, Salt Creek, Shake Creek, Skeleton Creek, Slater Creek, Smokey Dome Canyon, South Fork Ross Fork, Three Forks Creek, Tipton Creek, Vienna Creek, Weeks Gulch, West Fork Big Smoky Creek, West Fork Salt Creek, West Fork Skeleton Creek, Willow Creek.

(xxviii) SOUTH FORK CLEARWATER BASIN: American River, Baker Gulch, Baldy Creek, Bear Creek, Beaver Creek, Big Canyon Creek, Big Elk Creek, Blanco Creek, Boundary Creek, Box Sing Creek, Boyer Creek, Cartwright Creek, Cole Creek, Crooked River, Dawson Creek, Deer Creek, Ditch Creek, East Fork American River, East Fork Crooked River, Elk Creek, Fivemile Creek, Flint Creek, Fourmile Creek, Fox Creek, French Gulch, Galena Creek, Gospel Creek, Hagen Creek, Hays Creek, Johns Creek, Jungle Creek, Kirks Fork American River, Little Elk Creek, Little Moose Creek, Little Siegel Creek, Loon Creek, Mackey Creek, Meadow Creek, Melton Creek, Middle Fork Red River, Mill Creek, Monroe Creek, Moores Creek, Moores Lake Creek, Moose Butte Creek, Morgan Creek, Mule Creek, Newsome Creek, Nuggett Creek, Otterson Creek, Pat Brennan Creek, Pilot Creek, Quartz Creek, Queen Creek, Rabbit Creek, Rainbow Gulch, Red River, Relief Creek, Ryan Creek, Sally Ann Creek, Sawmill Creek, Schooner Creek, Schwartz Creek, Sharmon Creek, Siegel Creek, Silver Creek, Sixmile Creek, Sixtysix Creek, Snoose Creek, Sourdough Creek, South Fork Red River, Square Mountain Creek, Swale Creek, Swift Creek, Taylor Creek, Tenmile Creek, Trail Creek, Trapper Creek, Trout Creek, Twentymile Creek, Twin Lakes Creek, Umatilla Creek, West Fork Big Elk Creek, West Fork Crooked River, West Fork Gospel Creek, West Fork Newsome Creek, West Fork Red River, West Fork Twentymile Creek, Whiskey Creek, Whitaker Creek, Williams Creek.

(xxix) SOUTH FORK PAYETTE BASIN: Archie Creek, Ash Creek, Baron Creek, Basin Creek, Bear Creek, Beaver Creek, Big Spruce Creek, Bitter Creek, Blacks Creek, Blue Jay Creek, Burn Creek, Bush Creek, Camp Creek, Canyon Creek, Casner Creek, Cat Creek, Chapman Creek, Charters Creek, Clear Creek, Coski Creek, Cup Creek, Dead Man Creek, Deadwood River, Deer Creek, East Fork Deadwood Creek, East Fork Warm Springs Creek, Eby Creek, Elkhorn Creek, Emma Creek, Fall Creek, Fence Creek, Fern Creek, Fivemile Creek, Fox Creek, Garney Creek, Gates Creek, Goat Creek, Grandjem Creek, Grouse Creek, Habit Creek, Helende Creek, Horse Creek, Huckleberry Creek, Jackson Creek, Kettle Creek, Kirkham Creek, Lake Creek, Lick Creek, Little Tenmile Creek, Logging Gulch, Long Creek, MacDonald Creek, Meadow Creek, Middle Fork Warm Springs Creek, Miller Creek, Monument Creek, Moulding Creek, Ninemile Creek, No Man Creek, No Name Creek, North Fork Baron Creek, North Fork Canyon Creek, North Fork Deer Creek, North Fork Whitehawk Creek, O'Keefe Creek, Packsaddle Creek, Park Creek, Pass Creek, Pinchot Creek, Pine Creek, Pitchfork Creek, Pole Creek, Richards Creek, Road Fork Rock Creek, Rock Creek, Rough Creek, Scott Creek, Silver Creek, Sixmile Creek, Smith Creek, Smokey Creek, South Fork Beaver Creek, South Fork Canyon Creek, South Fork Clear Creek, South Fork Payette River (above Rock Creek), South Fork Scott Creek, South Fork Warm Spring Creek, Spring Creek, Steep Creek, Stratton Creek, Topnotch Creek, Trail Creek, Wapiti Creek, Warm Spring Creek, Warm Springs Creek, Whangdoodle Creek, Whitehawk Creek, Wild Buck Creek, Wills Gulch, Wilson Creek, Wolf Creek.

(xxx) SOUTH FORK SALMON BASIN: Alez Creek, Back Creek, Bear Creek, Bishop Creek, Blackmare Creek, Blue Lake Creek, Buck Creek, Buckhorn Bar Creek, Buckhorn Creek, Burgdorf Creek, Burntlog Creek, Cabin Creek, Calf Creek, Camp Creek, Cane Creek, Caton Creek, Cinnabar Creek, Cliff Creek, Cly Creek, Cougar Creek, Cow Creek, Cox Creek, Curtis Creek, Deep Creek, Dollar Creek, Dutch Creek, East Fork South Fork Salmon River, East Fork Zena Creek, Elk Creek, Enos Creek, Falls Creek, Fernan Creek, Fiddle Creek, Fitsum Creek, Flat Creek, Fourmile Creek, Goat Creek, Grimmet Creek, Grouse Creek, Halfway Creek, Hanson Creek, Hays Creek, Holdover Creek, Hum Creek, Indian Creek, Jeanette Creek, Johnson Creek, Josephine Creek, Jungle Creek, Knee Creek, Krassel Creek, Lake Creek, Landmark Creek, Lick Creek, Little Buckhorn Creek, Little Indian Creek, Lodgepole Creek, Loon Creek, Maverick Creek, Meadow Creek, Middle Fork Elk Creek, Missouri Creek, Moose Creek, Mormon Creek, Nasty Creek, Nethker Creek, Nick Creek, No Mans Creek, North Fork Bear Creek, North Fork Buckhorn Creek, North Fork Camp Creek, North Fork Dollar Creek, North Fork Fitsum Creek, North Fork Lake Fork, North Fork Lick Creek, North Fork Riordan Creek, North Fork Six-bit Creek, Oompaul Creek, Paradise Creek, Park Creek, Peanut Creek, Pepper Creek, Phoebe Creek, Piah Creek, Pid Creek, Pilot Creek, Pony Creek, Porcupine Creek, Porphyry Creek, Prince Creek, Profile Creek, Quartz Creek, Reeves Creek, Rice Creek, Riordan Creek, Roaring Creek, Ruby Creek, Rustican Creek, Ryan Creek, Salt Creek, Sand Creek, Secesh River, Sheep Creek, Silver Creek, Sister Creek, Six-Bit Creek, South Fork Bear Creek, South Fork Blackmare Creek, South Fork Buckhorn Creek, South Fork Cougar Creek, South Fork Elk Creek, South Fork Fitsum Creek, South Fork Fourmile Creek, South Fork Salmon River, South Fork Threemile Creek, Split Creek, Steep Creek, Sugar Creek, Summit Creek, Tamarack Creek, Teepee Creek, Threemile Creek, Trail Creek, Trapper Creek, Trout Creek, Tsum Creek, Two-bit Creek, Tyndall Creek, Vein Creek, Victor Creek, Wardenhoff Creek, Warm Lake Creek, Warm Spring Creek, West Fork Buckhorn Creek, West Fork Elk Creek, West Fork Enos Creek, West Fork Zena Creek, Whangdoodle Creek, Willow Basket Creek, Willow Creek, Zena Creek.

(xxxi) ST. JOE R. BASIN: Bad Bear Creek, Bean Creek, Bear Creek, Beaver Creek, Bedrock Creek, Berge Creek, Bird Creek, Blue Grouse Creek, Boulder Creek, Broadaxe Creek, Bruin Creek, California Creek, Cherry Creek, Clear Creek, Color Creek, Copper Creek, Dolly Creek, Dump Creek, Eagle Creek, East Fork Bluff Creek, East Fork Gold Creek, Emerald Creek, Fishhook Creek, Float Creek, Fly Creek, Fuzzy Creek, Gold Creek, Heller Creek, Indian Creek, Kelley Creek, Malin Creek, Marble Creek, Medicine Creek, Mica Creek, Mill Creek, Mosquito Creek, North Fork Bean Creek, North Fork Saint Joe River, North Fork Simmons Creek, Nugget Creek, Packsaddle Creek, Periwinkle Creek, Prospector Creek, Quartz Creek, Red Cross Creek, Red Ives Creek, Ruby Creek, Saint Joe River (above Siwash Creek), Setzer Creek, Sherlock Creek, Simmons Creek, Siwash Creek, Skookum Creek, Thomas Creek, Thorn Creek, Three Lakes Creek, Timber Creek, Tinear Creek, Trout Creek, Tumbledown Creek, Wahoo Creek, Washout Creek, Wilson Creek, Yankee Bar Creek.

(xxxii) UPPER COEUR D'ALENE BASIN: Brown Creek, Falls Creek, Graham Creek.

(xxxiii) UPPER KOOTENAI BASIN: Halverson Cr, North Callahan Creek, South Callahan Creek, West Fork Keeler Creek

(xxxiv) UPPER MIDDLE FORK SALMON BASIN: Asher Creek, Automatic Creek, Ayers Creek, Baldwin Creek, Banner Creek, Bear Creek, Bear Valley Creek, Bearskin Creek, Beaver Creek, Bernard Creek, Big Chief Creek, Big Cottonwood Creek, Birch Creek, Blue Lake Creek, Blue Moon Creek, Boundary Creek, Bridge Creek, Browning Creek, Buck Creek, Burn Creek, Cabin Creek, Cache Creek, Camp Creek, Canyon Creek, Cap Creek, Cape Horn Creek, Casner Creek, Castle Fork, Casto Creek, Cat Creek, Chokebore Creek, Chuck Creek, Cliff Creek, Cold Creek, Collie Creek, Colt Creek, Cook Creek, Corley Creek, Cornish Creek, Cottonwood Creek, Cougar Creek, Crystal Creek, Cub Creek, Cultus Creek, Dagger Creek, Deer Creek, Deer Horn Creek, Doe Creek, Dry Creek, Duffield Creek, Dynamite Creek, Eagle Creek, East Fork Elk Creek, East Fork Indian Creek, East Fork Mayfield Creek, Elk Creek, Elkhorn Creek, Endoah Creek, Fall Creek, Fawn Creek, Feltham Creek, Fir Creek, Flat Creek, Float Creek, Foresight Creek, Forty-five Creek, Forty-four Creek, Fox Creek, Full Moon Creek, Fuse Creek, Grays Creek, Grenade Creek, Grouse Creek, Gun Creek, Half Moon Creek, Hogback Creek, Honeymoon Creek, Hot Creek, Ibex Creek, Indian Creek, Jose Creek, Kelly Creek, Kerr Creek, Knapp Creek, Kwiskwis Creek, Lime Creek, Lincoln Creek, Little Beaver Creek, Little Cottonwood Creek, Little East Fork Elk Creek, Little Indian Creek, Little Loon Creek, Little Pistol Creek, Lola Creek, Loon Creek, Lucinda Creek, Lucky Creek, Luger Creek, Mace Creek, Mack Creek, Marble Creek, Marlin Creek, Marsh Creek, Mayfield Creek, McHoney Creek, McKee Creek, Merino Creek, Middle Fork Elkhorn Creek, Middle Fork Indian Creek, Middle Fork Salmon River (above Soldier Creek), Mine Creek, Mink Creek, Moonshine Creek, Mowitch Creek, Muskeg Creek, Mystery Creek, Nelson Creek, New Creek, No Name Creek, North Fork Elk Creek, North Fork Elkhorn Creek, North Fork Sheep Creek, North Fork Sulphur Creek, Papoose Creek, Parker Creek, Patrol Creek, Phillips Creek, Pierson Creek, Pinyon Creek, Pioneer Creek, Pistol Creek, Placer Creek, Poker Creek, Pole Creek, Popgun Creek, Porter Creek, Prospect Creek, Rabbit Creek, Rams Horn Creek, Range Creek, Rapid River, Rat Creek, Remington Creek, Rock Creek, Rush Creek, Sack Creek, Safety Creek, Salt Creek, Savage Creek, Scratch Creek, Seafoam Creek, Shady Creek, Shake Creek, Sheep Creek, Sheep Trail Creek, Shell Creek, Shrapnel Creek, Siah Creek, Silver Creek, Slide Creek, Snowshoe Creek, Soldier Creek, South Fork Cottonwood Creek, South Fork Sheep Creek, Spike Creek, Springfield Creek, Squaw Creek, Sulphur Creek, Sunnyside Creek, Swamp Creek, Tennessee Creek, Thatcher Creek, Thicket Creek, Thirty-two Creek, Tomahawk Creek, Trail Creek, Trapper Creek, Trigger Creek, Twenty-two Creek, Vader Creek, Vanity Creek, Velvet Creek, Walker Creek, Wampum Creek, Warm Spring Creek, West Fork Elk Creek, West Fork Little Loon Creek, West Fork Mayfield Creek, White Creek, Wickiup Creek, Winchester Creek, Winnemucca Creek, Wyoming Creek.

(xxxv) UPPER NORTH FORK CLEARWATER BASIN: Adams Creek, Avalanche Creek, Bacon Creek, Ball Creek, Barn Creek, Barnard Creek, Barren Creek, Bear Creek, Beaver Dam Creek, Bedrock Creek, Bill Creek, Bostonian Creek, Boundary Creek, Burn Creek, Butter Creek, Camp George Creek, Canyon Creek, Cayuse Creek, Chamberlain Creek, Clayton Creek, Cliff Creek, Coffee Creek, Cold Springs Creek, Collins Creek, Colt Creek, Cool Creek, Copper Creek, Corral Creek, Cougar Creek, Craig Creek, Crater Creek, Cub Creek, Davis Creek, Deadwood Creek, Deer Creek, Dill Creek, Drift Creek, Elizabeth Creek, Fall Creek, Fire Creek, Fix Creek, Flame Creek, Fly Creek, Fourth of July Creek, Fro Creek, Frog Creek, Frost Creek, Gilfillian Creek, Goose Creek, Grass Creek, Gravey Creek, Grizzly Creek, Hanson Creek, Heather Creek, Henry Creek, Hidden Creek, Howard Creek, Independence Creek, Jam Creek, Japanese Creek, Johnagan Creek, Johnny Creek, Junction Creek, Kelly Creek, Kid Lake Creek, Kodiak Creek, Lake Creek, Laundry Creek, Lightning Creek, Little Moose Creek, Little Weitas Creek, Liz Creek, Long Creek, Marten Creek, Meadow Creek, Middle Creek, Middle North Fork Kelly Creek, Mill Creek, Mire Creek, Monroe Creek, Moose Creek, Negro Creek, Nettle Creek, Niagra Gulch, North Fork Clearwater River (Fourth of July Creek), Nub Creek, Osier Creek, Perry Creek, Pete Ott Creek, Placer Creek, Polar Creek, Post Creek, Potato Creek, Quartz Creek, Rapid Creek, Rawhide Creek, Roaring Creek, Rock Creek, Rocky Ridge Creek, Ruby Creek, Saddle Creek, Salix Creek, Scurry Creek, Seat Creek, Short Creek, Shot Creek, Siam Creek, Silver Creek, Skull Creek, Slide Creek, Smith Creek, Snow Creek, South Fork Kelly Creek, Spud Creek, Spy Creek, Stolen Creek, Stove Creek, Sugar Creek, Swamp Creek, Tinear Creek, Tinkle Creek, Toboggan Creek, Trail Creek, Vanderbilt Gulch, Wall Creek, Weitas Creek, Williams Creek, Windy Creek, Wolf Creek, Young Creek.

(xxxvi) UPPER SALMON BASIN: Alder Creek, Alpine Creek, Alta Creek, Alturas Lake Creek, Anderson Creek, Aspen Creek, Basin Creek, Bayhorse Creek, Bear Creek, Beaver Creek, Big Boulder Creek, Block Creek, Blowfly Creek, Blue Creek, Boundary Creek, Bowery Creek, Broken Ridge Creek, Bruno Creek, Buckskin Creek, Cabin Creek, Camp Creek, Cash Creek, Challis Creek, Chamberlain Creek, Champion Creek, Cherry Creek, Cinnabar Creek, Cleveland Creek, Coal Creek, Crooked Creek, Darling Creek, Deadwood Creek, Decker Creek, Deer Creek, Dry Creek, Duffy Creek, East Basin Creek, East Fork Salmon River, East Fork Valley Creek, East Pass Creek, Eddy Creek, Eightmile Creek, Elevenmile Creek, Elk Creek, Ellis Creek, Estes Creek, First Creek, Fisher Creek, Fishhook Creek, Fivemile Creek, Fourth of July Creek, Frenchman Creek, Garden Creek, Germania Creek, Goat Creek, Gold Creek, Gooseberry Creek, Greylock Creek, Hay Creek, Hell Roaring Creek, Herd Creek, Huckleberry Creek, Iron Creek, Job Creek, Jordan Creek, Juliette Creek, Kelly Creek, Kinnikinic Creek, Lick Creek, Lightning Creek, Little Basin Creek, Little Beaver Creek, Little Boulder Creek, Little West Fork Morgan Creek, Lodgepole Creek, Lone Pine Creek, Lost Creek, MacRae Creek, Martin Creek, McKay Creek, Meadow Creek, Mill Creek, Morgan Creek, Muley Creek, Ninemile Creek, Noho Creek, Pack Creek, Park Creek, Pat Hughes Creek, Pig Creek, Pole Creek, Pork Creek, Prospect Creek, Rainbow Creek, Redfish Lake Creek, Road Creek, Rough Creek, Sage Creek, Sagebrush Creek, Salmon River (Redfish Lake Creek), Sawmill Creek, Second Creek, Sevenmile Creek, Sheep Creek, Short Creek, Sixmile Creek, Slate Creek, Smiley Creek, South Fork East Fork Salmon River, Squaw Creek, Stanley Creek, Stephens Creek, Summit Creek, Sunday Creek, Swimm Creek, Taylor Creek, Tenmile Creek, Tennel Creek, Thompson Creek, Three Cabins Creek, Trail Creek, Trap Creek, Trealor Creek, Twelvemile Creek, Twin Creek, Valley Creek, Van Horn Creek, Vat Creek, Warm Spring Creek, Warm Springs Creek, Washington Creek, West Beaver Creek, West Fork Creek, West Fork East Fork Salmon River, West Fork Herd Creek, West Fork Morgan Creek, West Fork Yankee Fork, West Pass Creek, Wickiup Creek, Williams Creek, Willow Creek, Yankee Fork.

(xxxvii) UPPER SELWAY BASIN: Basin Creek, Bear Creek, Burn Creek, Camp Creek, Canyon Creek, Cliff Creek, Comb Creek, Cooper Creek, Cub Creek, Deep Creek, Eagle Creek, Elk Creek, Fall Creek, Fox Creek, Goat Creek, Gold Pan Creek, Granite Creek, Grass Gulch, Haystack Creek, Hells Half Acre Creek, Indian Creek, Kim Creek, Lake Creek, Langdon Gulch, Little Clearwater River, Lodge Creek, Lunch Creek, Mist Creek, Paloma Creek, Paradise Creek, Peach Creek, Pettibone Creek, Running Creek, Saddle Gulch, Schofield Creek, Selway River (above Pettibone Creek), South Fork Running Creek, South Fork Saddle Gulch, South Fork Surprise Creek, Spruce Creek, Squaw Creek, Stripe Creek, Surprise Creek, Set Creek, Tepee Creek, Thirteen Creek, Three Lakes Creek, Triple Creek, Wahoo Creek, White Cap Creek, Wilkerson Creek, Witter Creek.

(xxxviii) WEISER BASIN: Anderson Creek, Bull Corral Creek, Dewey Creek, East Fork Weiser River, Little Weiser River, above Anderson Creek, Sheep Creek, Wolf Creek.

(3) Procedures for site specific modification of listed waterbodies or temperature criteria for bull trout.

(i) The Regional Administrator may, in his discretion, determine that the temperature criteria in paragraph (a)(1) of this section shall not apply to a specific waterbody or portion thereof listed in paragraph (a)(2) of this section. Any such determination shall be made consistent with § 131.11 and shall be based on a finding that bull trout spawning and rearing is not an existing use in such waterbody or portion thereof.

(ii) The Regional Administrator may, in his discretion, raise the temperature criteria in paragraph (a)(1) of this section as they pertain to a specific waterbody or portion thereof listed in paragraph (a)(2) of this section. Any such determination shall be made consistent with § 131.11, and shall be based on a finding that bull trout would be fully supported at the higher temperature criteria.

(iii) For any determination made under paragraphs (a)(3)(i) or (a)(3)(ii) of this section, the Regional Administrator shall, prior to making such a determination, provide for public notice of and comment on a proposed determination. For any such proposed determination, the Regional Administrator shall prepare and make available to the public a technical support document addressing each waterbody or portion thereof that would be deleted or modified and the justification for each proposed determination. This document shall be made available to the public not later than the date of public notice.

(iv) The Regional Administrator shall maintain and make available to the public an updated list of determinations made pursuant to paragraphs (a)(3)(i) and (a)(3)(ii) of this section as well as the technical support documents for each determination.

(v) Nothing in this paragraph (a)(3) shall limit the Administrator's authority to modify the temperature criteria in paragraph (a)(1) of this section or the list of waterbodies in paragraph (a)(2) of this section through rulemaking.

(b) [Reserved]

(c) Excluded waters. Lakes, ponds, pools, streams, and springs outside public lands but located wholly and entirely upon a person's land are not protected specifically or generally for any beneficial use, unless such waters are designated in Idaho 16.01.02.110. through 160., or, although not so designated, are waters of the United States as defined at 40 CFR 122.2.

[62 FR 41183, July 31, 1997, as amended at 67 FR 11248, Mar. 13, 2002; 73 FR 65739, Nov. 5, 2008]

§ 131.34 - Kansas.

(a) In addition to the State-adopted use designations, the following water body segment in Kansas is designated for an expected aquatic life use:

Stream segment name HUC8 Segment # Designated use Basin: MissouriSubbasin: Independence-SugarWhiskey Creek10240011235Expected Aquatic Life.

(b) In addition to the State-adopted use designations, the following water body segments and lakes in Kansas are designated for recreation uses as specified in the following table:

Stream segment name HUC8 Segment # Designated use Basin: CimarronSubbasin: Upper Cimarron-BluffBig Sandy Creek110400086Primary Contact Recreation Gyp Creek1104000825Secondary Contact Recreation Indian Creek1104000814Secondary Contact Recreation Kiger Creek110400088Secondary Contact Recreation Stink Creek1104000817Secondary Contact Recreation Two Mile Creek1104000815Secondary Contact Recreation Subbasin: Lower Cimarron-Eagle ChiefAnderson Creek1105000139Primary Contact Recreation Basin: Kansas/Lower RepublicanSubbasin: Middle RepublicanAntelope Creek1025001666Secondary Contact Recreation Ash Creek1025001665Secondary Contact Recreation Bean Creek1025001676Secondary Contact Recreation Cora Creek1025001651Secondary Contact Recreation Crow Creek (Crystal Creek)1025001652Secondary Contact Recreation Korb Creek1025001672Primary Contact Recreation Long Branch1025001668Secondary Contact Recreation Lost Creek1025001653Primary Contact Recreation Louisa Creek1025001661Secondary Contact Recreation Norway Creek1025001673Secondary Contact Recreation Oak Creek1025001675Secondary Contact Recreation Rebecca Creek1025001639Secondary Contact Recreation Spring Creek1025001671Secondary Contact Recreation Spring Creek1025001678Secondary Contact Recreation Taylor Creek1025001674Secondary Contact Recreation Walnut Creek1025001640Primary Contact Recreation Walnut Creek1025001646Secondary Contact Recreation White Rock Creek, North Branch1025001660Secondary Contact Recreation Wolf Creek1025001667Secondary Contact Recreation Subbasin: Lower RepublicanCool Creek1025001750Secondary Contact Recreation Elm Creek, West Branch1025001759Secondary Contact Recreation Gar Creek1025001712Primary Contact Recreation Mud Creek1025001763Secondary Contact Recreation Turkey Creek1025001751Secondary Contact Recreation Subbasin: Upper KansasDry Creek1027010119Primary Contact Recreation Humbolt Creek1027010110Primary Contact Recreation Kitten Creek1027010114Primary Contact Recreation Little Arkansas Creek1027010113Primary Contact Recreation Little Kitten Creek1027010116Primary Contact Recreation Mulberry Creek1027010120Secondary Contact Recreation Subbasin: Middle KansasAdams Creek1027010253Secondary Contact Recreation Bartlett Creek1027010255Secondary Contact Recreation Big Elm Creek1027010290Secondary Contact Recreation Blackjack Creek1027010264Secondary Contact Recreation Blacksmith Creek10270102102Secondary Contact Recreation Bourbonais Creek1027010263Primary Contact Recreation Brush Creek1027010257Primary Contact Recreation Coal Creek1027010246Secondary Contact Recreation Coryell Creek1027010294Secondary Contact Recreation Cow Creek1027010245Secondary Contact Recreation Crow Creek1027010286Primary Contact Recreation Darnells Creek1027010251Secondary Contact Recreation Dog Creek1027010278Secondary Contact Recreation Doyle Creek1027010269Primary Contact Recreation Dry Creek1027010279Primary Contact Recreation Dutch Creek1027010292Secondary Contact Recreation Elm Creek1027010298Primary Contact Recreation Elm Creek10270102103Secondary Contact Recreation Elm Slough1027010258Secondary Contact Recreation Emmons Creek1027010266Secondary Contact Recreation French Creek1027010219Primary Contact Recreation Gilson Creek1027010247Secondary Contact Recreation Hendricks Creek1027010273Primary Contact Recreation Hise Creek1027010243Secondary Contact Recreation Indian Creek1027010220Secondary Contact Recreation James Creek1027010287Secondary Contact Recreation Jim Creek1027010252Secondary Contact Recreation Johnson Creek1027010284Secondary Contact Recreation Kuenzli Creek1027010282Secondary Contact Recreation Little Cross Creek1027010261Secondary Contact Recreation Little Muddy Creek1027010299Primary Contact Recreation Loire Creek1027010280Primary Contact Recreation Lost Creek1027010260Secondary Contact Recreation Messhoss Creek1027010296Primary Contact Recreation Mud Creek1027010244Secondary Contact Recreation Mud Creek1027010256Secondary Contact Recreation Muddy Creek, West Fork1027010293Secondary Contact Recreation Mulberry Creek1027010242Secondary Contact Recreation Mulberry Creek1027010277Secondary Contact Recreation Nehring Creek1027010281Primary Contact Recreation Paw Paw Creek1027010275Secondary Contact Recreation Pleasant Hill Run Creek1027010223Primary Contact Recreation Pomeroy Creek1027010259Secondary Contact Recreation Post Creek10270102101Secondary Contact Recreation Pretty Creek1027010274Secondary Contact Recreation Rock Creek1027010221Primary Contact Recreation Rock Creek, East Fork1027010222Secondary Contact Recreation Ross Creek1027010235Secondary Contact Recreation Salt Creek1027010288Secondary Contact Recreation Sand Creek1027010265Secondary Contact Recreation Shunganunga Creek, South Branch10270102106Primary Contact Recreation Snake Creek1027010295Secondary Contact Recreation Snokomo Creek1027010285Secondary Contact Recreation Spring Creek1027010248Secondary Contact Recreation Spring Creek1027010254Primary Contact Recreation Spring Creek1027010276Secondary Contact Recreation Spring Creek10270102105Secondary Contact Recreation Sullivan Creek1027010289Primary Contact Recreation Tecumseh Creek10270102107Secondary Contact Recreation Turkey Creek1027010271Primary Contact Recreation Unnamed Stream102701028Secondary Contact Recreation Vassar Creek10270102100Secondary Contact Recreation Vermillion Creek1027010215Primary Contact Recreation Walnut Creek1027010291Secondary Contact Recreation Wells Creek1027010268Secondary Contact Recreation Whetstone Creek10270102104Secondary Contact Recreation Wilson Creek1027010250Primary Contact Recreation Wolf Creek1027010249Primary Contact Recreation Subbasin: DelawareBanner Creek1027010345Secondary Contact Recreation Barnes Creek1027010339Secondary Contact Recreation Bills Creek1027010347Secondary Contact Recreation Brush Creek1027010344Secondary Contact Recreation Brush Creek1027010354Primary Contact Recreation Burr Oak Branch102701038Primary Contact Recreation Catamount Creek1027010349Primary Contact Recreation Cedar Creek, North1027010346Primary Contact Recreation Claywell Creek1027010356Primary Contact Recreation Clear Creek1027010319Primary Contact Recreation Coal Creek1027010350Primary Contact Recreation Grasshopper Creek1027010318Primary Contact Recreation Grasshopper Creek1027010320Primary Contact Recreation Gregg Creek1027010324Primary Contact Recreation Honey Creek1027010355Secondary Contact Recreation Little Grasshopper Creek1027010316Secondary Contact Recreation Little Wild Horse Creek1027010357Primary Contact Recreation Mission Creek1027010340Primary Contact Recreation Nebo Creek1027010348Secondary Contact Recreation Negro Creek1027010343Secondary Contact Recreation Otter Creek1027010341Secondary Contact Recreation Plum Creek1027010336Secondary Contact Recreation Rock Creek1027010334Primary Contact Recreation Rock Creek1027010353Primary Contact Recreation Spring Creek1027010342Primary Contact Recreation Squaw Creek1027010338Secondary Contact Recreation Straight Creek1027010328Secondary Contact Recreation Tick Creek1027010352Primary Contact Recreation Unnamed Stream1027010331Secondary Contact Recreation Walnut Creek1027010351Primary Contact Recreation Wolfley Creek1027010327Secondary Contact Recreation Subbasin: Lower KansasBaldwin Creek1027010469Secondary Contact Recreation Brush Creek1027010449Secondary Contact Recreation Brush Creek, West1027010446Secondary Contact Recreation Buttermilk Creek1027010444Secondary Contact Recreation Camp Creek1027010441Secondary Contact Recreation Camp Creek1027010474Secondary Contact Recreation Captain Creek1027010472Primary Contact Recreation Chicken Creek1027010479Secondary Contact Recreation Clear Creek10270104383Primary Contact Recreation Cow Creek1027010458Secondary Contact Recreation Crooked Creek1027010410Primary Contact Recreation Crooked Creek1027010412Primary Contact Recreation Dawson Creek1027010445Secondary Contact Recreation Elk Creek1027010468Primary Contact Recreation Full Creek1027010452Primary Contact Recreation Hanson Creek10270104437Secondary Contact Recreation Hog Creek1027010454Secondary Contact Recreation Howard Creek1027010443Secondary Contact Recreation Hulls Branch1027010442Secondary Contact Recreation Indian Creek1027010448Secondary Contact Recreation Jarbalo Creek1027010451Secondary Contact Recreation Kent Creek1027010473Secondary Contact Recreation Kill Creek1027010437Primary Contact Recreation Little Cedar Creek1027010476Primary Contact Recreation Little Mill Creek1027010478Primary Contact Recreation Little Turkey Creek1027010462Primary Contact Recreation Little Wakarusa Creek1027010471Primary Contact Recreation Mission Creek, East1027010461Secondary Contact Recreation Ninemile Creek1027010415Secondary Contact Recreation Ninemile Creek1027010417Primary Contact Recreation Oakley Creek1027010456Secondary Contact Recreation Plum Creek1027010450Secondary Contact Recreation Prairie Creek1027010447Secondary Contact Recreation Rock Creek1027010435Primary Contact Recreation Scatter Creek1027010413Secondary Contact Recreation Spoon Creek1027010475Secondary Contact Recreation Stone Horse Creek1027010457Secondary Contact Recreation Stranger Creek102701047Primary Contact Recreation Stranger Creek102701048Primary Contact Recreation Stranger Creek102701049Primary Contact Recreation Tonganoxie Creek1027010414Primary Contact Recreation Tooley Creek10270104379Secondary Contact Recreation Turkey Creek1027010477Primary Contact Recreation Unnamed Stream1027010411Primary Contact Recreation Unnamed Stream1027010416Secondary Contact Recreation Wakarusa River, Middle Branch1027010464Secondary Contact Recreation Wakarusa River, South Branch1027010463Primary Contact Recreation Washington Creek1027010436Primary Contact Recreation Yankee Tank Creek1027010470Primary Contact Recreation Subbasin: Lower Big BlueAckerman Creek1027020549Secondary Contact Recreation Black Vermillion River, Clear Fork102702059Primary Contact Recreation Black Vermillion River, North Fork1027020515Secondary Contact Recreation Black Vermillion River, South Fork1027020512Secondary Contact Recreation Bluff Creek10270205573Primary Contact Recreation Bommer Creek1027020540Secondary Contact Recreation Busksnort Creek10270205566Secondary Contact Recreation Carter Creek1027020559Secondary Contact Recreation Cedar Creek1027020556Secondary Contact Recreation Corndodger Creek1027020552Primary Contact Recreation De Shazer Creek1027020555Secondary Contact Recreation Deadman Creek1027020560Secondary Contact Recreation Deer Creek1027020536Secondary Contact Recreation Dog Walk Creek1027020553Secondary Contact Recreation Dutch Creek1027020544Primary Contact Recreation Elm Creek1027020546Secondary Contact Recreation Elm Creek, North1027020541Secondary Contact Recreation Fancy Creek, North Fork1027020561Secondary Contact Recreation Fancy Creek, West1027020529Primary Contact Recreation Game Fork1027020554Secondary Contact Recreation Hop Creek1027020543Secondary Contact Recreation Indian Creek1027020537Secondary Contact Recreation Jim Creek1027020557Secondary Contact Recreation Johnson Fork1027020551Secondary Contact Recreation Kearney Branch1027020558Secondary Contact Recreation Lily Creek1027020539Secondary Contact Recreation Little Indian Creek1027020535Secondary Contact Recreation Little Timber Creek1027020548Primary Contact Recreation Meadow Creek1027020534Secondary Contact Recreation Mission Creek1027020522Primary Contact Recreation Murdock Creek1027020542Secondary Contact Recreation Otter Creek1027020567Secondary Contact Recreation Otter Creek, North1027020562Primary Contact Recreation Perkins Creek1027020547Secondary Contact Recreation Phiel Creek1027020568Primary Contact Recreation Raemer Creek1027020533Primary Contact Recreation Robidoux Creek1027020516Primary Contact Recreation Schell Creek1027020545Primary Contact Recreation School Branch1027020563Secondary Contact Recreation Scotch Creek1027020538Secondary Contact Recreation Spring Creek1027020519Primary Contact Recreation Spring Creek1027020565Primary Contact Recreation Timber Creek1027020564Primary Contact Recreation Weyer Creek1027020550Secondary Contact Recreation Subbasin: Upper Little BlueDry Creek1027020641Secondary Contact Recreation Subbasin: Lower Little BlueAsh Creek1027020736Secondary Contact Recreation Beaver Creek1027020738Secondary Contact Recreation Bolling Creek1027020742Secondary Contact Recreation Bowman Creek1027020721Secondary Contact Recreation Buffalo Creek1027020732Secondary Contact Recreation Camp Creek1027020735Secondary Contact Recreation Camp Creek1027020744Primary Contact Recreation Cedar Creek1027020740Secondary Contact Recreation Cherry Creek1027020725Secondary Contact Recreation Coon Creek1027020723Primary Contact Recreation Fawn Creek1027020745Secondary Contact Recreation Gray Branch1027020727Secondary Contact Recreation Humphrey Branch1027020724Secondary Contact Recreation Iowa Creek1027020734Secondary Contact Recreation Jones Creek1027020729Secondary Contact Recreation Joy Creek1027020713Secondary Contact Recreation Lane Branch1027020739Secondary Contact Recreation Malone Creek1027020737Secondary Contact Recreation Melvin Creek1027020733Secondary Contact Recreation Mercer Creek1027020743Primary Contact Recreation Mill Creek, South Fork1027020731Secondary Contact Recreation Myer Creek1027020726Secondary Contact Recreation Riddle Creek1027020717Secondary Contact Recreation Rose Creek1027020712Secondary Contact Recreation Salt Creek1027020719Primary Contact Recreation School Creek1027020749Primary Contact Recreation Silver Creek1027020728Primary Contact Recreation Spring Creek1027020715Secondary Contact Recreation Spring Creek1027020730Secondary Contact Recreation Walnut Creek1027020741Primary Contact Recreation Basin: Lower ArkansasSubbasin: RattlesnakeSpring Creek110300097Secondary Contact Recreation Subbasin: Gar-PeaceGar Creek110300108Primary Contact Recreation Subbasin: CowBlood Creek1103001115Secondary Contact Recreation Deception Creek1103001113Secondary Contact Recreation Dry Creek1103001122Primary Contact Recreation Jarvis Creek1103001119Primary Contact Recreation Little Cheyenne Creek110300117Primary Contact Recreation Little Cow Creek110300112Primary Contact Recreation Lost Creek1103001117Secondary Contact Recreation Owl Creek1103001118Primary Contact Recreation Plum Creek110300114Secondary Contact Recreation Salt Creek1103001121Primary Contact Recreation Spring Creek1103001120Secondary Contact Recreation Subbasin: Little ArkansasBeaver Creek1103001226Primary Contact Recreation Bull Creek1103001224Primary Contact Recreation Dry Creek1103001222Secondary Contact Recreation Dry Turkey Creek1103001213Primary Contact Recreation Emma Creek110300126Primary Contact Recreation Emma Creek110300127Primary Contact Recreation Emma Creek, West110300128Primary Contact Recreation Gooseberry Creek1103001217Primary Contact Recreation Horse Creek1103001219Primary Contact Recreation Jester Creek110300122Primary Contact Recreation Jester Creek, East Fork1103001218Primary Contact Recreation Kisiwa Creek1103001215Secondary Contact Recreation Lone Tree Creek1103001220Secondary Contact Recreation Mud Creek1103001216Primary Contact Recreation Running Turkey Creek1103001225Secondary Contact Recreation Salt Creek1103001221Primary Contact Recreation Sun Creek1103001211Primary Contact Recreation Turkey Creek1103001212Secondary Contact Recreation Subbasin: Middle Arkansas - SlateAntelope Creek1103001325Primary Contact Recreation Badger Creek1103001331Primary Contact Recreation Beaver Creek1103001329Primary Contact Recreation Beaver Creek1103001333Primary Contact Recreation Big Slough1103001311Primary Contact Recreation Big Slough, South Fork1103001335Primary Contact Recreation Bitter Creek1103001328Primary Contact Recreation Dry Creek1103001315Primary Contact Recreation Dry Creek1103001316Primary Contact Recreation Gypsum Creek110300135Primary Contact Recreation Hargis Creek1103001324Primary Contact Recreation Lost Creek1103001323Primary Contact Recreation Negro Creek1103001320Primary Contact Recreation Oak Creek1103001326Secondary Contact Recreation Salt Creek1103001322Primary Contact Recreation Spring Creek1103001319Primary Contact Recreation Spring Creek1103001321Primary Contact Recreation Spring Creek1103001327Primary Contact Recreation Spring Creek1103001334Primary Contact Recreation Spring Creek1103001337Primary Contact Recreation Winser Creek1103001332Primary Contact Recreation Subbasin: North Fork NinnescahCrow Creek1103001411Primary Contact Recreation Dooleyville Creek110300148Primary Contact Recreation Goose Creek1103001410Primary Contact Recreation Ninnescah River, North Fork110300141Primary Contact Recreation Ninnescah River, North Fork110300145Primary Contact Recreation Ninnescah River, North Fork110300146Primary Contact Recreation Red Rock Creek1103001412Primary Contact Recreation Rock Creek1103001413Primary Contact Recreation Silver Creek110300147Primary Contact Recreation Spring Creek1103001414Primary Contact Recreation Wolf Creek110300149Primary Contact Recreation Subbasin: South Fork NinnescahCoon Creek110300159Primary Contact Recreation Coon Creek1103001517Primary Contact Recreation Hunter Creek1103001514Primary Contact Recreation Mead Creek1103001510Primary Contact Recreation Mod Creek1103001519Primary Contact Recreation Natrona Creek11030015K38Primary Contact Recreation Negro Creek1103001513Primary Contact Recreation Nester Creek1103001515Primary Contact Recreation Ninnescah River, West Branch South Fork110300155Primary Contact Recreation Painter Creek110300157Primary Contact Recreation Pat Creek1103001511Primary Contact Recreation Petyt Creek1103001512Primary Contact Recreation Sand Creek1103001518Primary Contact Recreation Spring Creek110300158Primary Contact Recreation Wild Run Creek1103001516Primary Contact Recreation Subbasin: NinnescahAfton Creek110300165Primary Contact Recreation Clearwater Creek110300164Primary Contact Recreation Clearwater Creek110300167Primary Contact Recreation Dry Creek1103001616Primary Contact Recreation Elm Creek1103001610Primary Contact Recreation Garvey Creek1103001611Primary Contact Recreation Sand Creek1103001614Primary Contact Recreation Silver Creek1103001612Primary Contact Recreation Spring Creek110300162Primary Contact Recreation Spring Creek1103001615Primary Contact Recreation Turtle Creek1103001613Primary Contact Recreation Subbasin: Kaw LakeBlue Branch1106000130Primary Contact Recreation Bullington Creek1106000128Primary Contact Recreation Cedar Creek1106000132Primary Contact Recreation Chilocco Creek1106000119Primary Contact Recreation Crabb Creek1106000129Primary Contact Recreation Ferguson Creek1106000138Primary Contact Recreation Franklin Creek1106000135Primary Contact Recreation Gardners Branch1106000139Primary Contact Recreation Goose Creek1106000134Primary Contact Recreation Myers Creek1106000124Primary Contact Recreation Otter Creek1106000120Primary Contact Recreation Pebble Creek1106000126Primary Contact Recreation Plum Creek1106000133Primary Contact Recreation Riley Creek1106000137Primary Contact Recreation School Creek1106000131Primary Contact Recreation Shellrock Creek1106000122Primary Contact Recreation Silver Creek1106000117Primary Contact Recreation Snake Creek1106000125Primary Contact Recreation Spring Creek1106000121Primary Contact Recreation Turkey Creek1106000127Primary Contact Recreation Wagoner Creek1106000136Primary Contact Recreation Subbasin: Upper Salt Fork ArkansasAsh Creek1106000220Primary Contact Recreation Big Sandy Creek110600025Primary Contact Recreation Cave Creek1106000228Primary Contact Recreation Deadman Creek1106000222Primary Contact Recreation Dog Creek1106000229Primary Contact Recreation Hackberry Creek1106000223Primary Contact Recreation Indian Creek110600029Primary Contact Recreation Inman Creek1106000221Primary Contact Recreation Mustang Creek1106000231Primary Contact Recreation Nescatunga Creek, East Branch1106000227Primary Contact Recreation Red Creek1106000216Primary Contact Recreation Spring Creek1106000224Primary Contact Recreation Wildcat Creek1106000212Primary Contact Recreation Yellowstone Creek1106000217Primary Contact Recreation Subbasin: Medicine LodgeAmber Creek1106000312Primary Contact Recreation Antelope Creek1106000322Primary Contact Recreation Bear Creek1106000313Secondary Contact Recreation Bitter Creek1106000318Secondary Contact Recreation Cedar Creek1106000320Primary Contact Recreation Cottonwood Creek1106000316Primary Contact Recreation Crooked Creek1106000311Primary Contact Recreation Litle Mule Creek110600039Primary Contact Recreation Dry Creek1106000321Secondary Contact Recreation Elm Creek, East Branch South1106000310Primary Contact Recreation Elm Creek, North Branch110600034Primary Contact Recreation Elm Creek, South Branch110600035Primary Contact Recreation Little Bear Creek1106000319Primary Contact Recreation Medicine Lodge River, North Branch1106000324Secondary Contact Recreation Mulberry Creek1106000314Primary Contact Recreation Otter Creek1106000325Secondary Contact Recreation Puckett Creek1106000315Primary Contact Recreation Sand Creek1106000317Primary Contact Recreation Soldier Creek1106000327Secondary Contact Recreation Stink Creek1106000328Primary Contact Recreation Turkey Creek110600037Primary Contact Recreation Wilson Slough1106000323Primary Contact Recreation Subbasin: Lower Salt Fork ArkansasCamp Creek1106000468Primary Contact Recreation Cooper Creek1106000471Primary Contact Recreation Crooked Creek1106000424Primary Contact Recreation Little Sandy Creek1106000439Primary Contact Recreation Little Sandy Creek, East Branch1106000465Primary Contact Recreation Osage Creek1106000417Primary Contact Recreation Plum Creek1106000470Primary Contact Recreation Pond Creek1106000418Primary Contact Recreation Rush Creek1106000469Primary Contact Recreation Salty Creek1106000440Primary Contact Recreation Sandy Creek1106000437Primary Contact Recreation Sandy Creek, West1106000456Primary Contact Recreation Spring Creek1106000466Primary Contact Recreation Unnamed Stream1106000425Primary Contact Recreation Subbasin: ChikaskiaAllen Creek1106000540Primary Contact Recreation Baehr Creek1106000522Primary Contact Recreation Beaver Creek1106000528Primary Contact Recreation Beaver Creek1106000546Primary Contact Recreation Big Spring Creek1106000534Primary Contact Recreation Bitter Creek110600054Primary Contact Recreation Bitter Creek, East1106000516Primary Contact Recreation Blue Stem Creek1106000548Primary Contact Recreation Chicken Creek1106000536Primary Contact Recreation Copper Creek1106000542Primary Contact Recreation Dry Creek1106000517Primary Contact Recreation Duck Creek1106000532Primary Contact Recreation Fall Creek1106000514Primary Contact Recreation Fall Creek, East Branch1106000527Primary Contact Recreation Goose Creek1106000538Primary Contact Recreation Kemp Creek1106000549Primary Contact Recreation Long Creek11060005529Primary Contact Recreation Meridian Creek1106000520Primary Contact Recreation Prairie Creek11060005512Primary Contact Recreation Prairie Creek, East11060005516Primary Contact Recreation Prairie Creek, West11060005527Primary Contact Recreation Red Creek1106000543Primary Contact Recreation Rock Creek1106000523Primary Contact Recreation Rodgers Branch1106000526Primary Contact Recreation Rose Bud Creek1106000544Primary Contact Recreation Rush Creek1106000545Primary Contact Recreation Sand Creek1106000511Primary Contact Recreation Sand Creek, East1106000512Primary Contact Recreation Sandy Creek1106000530Primary Contact Recreation Shoo Fly Creek, East1106000519Secondary Contact Recreation Shore Creek1106000535Primary Contact Recreation Silver Creek1106000529Primary Contact Recreation Skunk Creek1106000539Primary Contact Recreation Spring Branch1106000521Primary Contact Recreation Wild Horse Creek1106000541Primary Contact Recreation Wildcat Creek1106000524Primary Contact Recreation Basin: Marais Des CygnesSubbasin: Upper Marais Des CygnesAppanoose Creek1029010116Primary Contact Recreation Appanoose Creek, East1029010189Primary Contact Recreation Batch Creek1029010186Primary Contact Recreation Blue Creek1029010181Primary Contact Recreation Bradshaw Creek1029010175Primary Contact Recreation Cedar Creek1029010166Primary Contact Recreation Cherry Creek1029010174Primary Contact Recreation Chicken Creek1029010170Primary Contact Recreation Chicken Creek1029010193Primary Contact Recreation Coal Creek1029010148Primary Contact Recreation Dry Creek1029010157Primary Contact Recreation Dry Creek1029010195Primary Contact Recreation Duck Creek1029010141Primary Contact Recreation Eightmile Creek1029010113Primary Contact Recreation Frog Creek1029010142Primary Contact Recreation Hard Fish Creek1029010147Primary Contact Recreation Hickory Creek102901018Primary Contact Recreation Hill Creek1029010171Primary Contact Recreation Iantha Creek1029010162Primary Contact Recreation Jersey Creek1029010176Primary Contact Recreation Kenoma Creek1029010164Primary Contact Recreation Little Rock Creek1029010173Primary Contact Recreation Long Creek10290101K36Primary Contact Recreation Locust Creek1029010169Primary Contact Recreation Middle Creek1029010150Primary Contact Recreation Mosquito Creek1029010152Primary Contact Recreation Mud Creek1029010149Primary Contact Recreation Mud Creek1029010178Primary Contact Recreation Mud Creek1029010191Primary Contact Recreation Mute Creek1029010192Primary Contact Recreation Ottawa Creek10290101K25Primary Contact Recreation Plum Creek102901012Primary Contact Recreation Plum Creek1029010179Primary Contact Recreation Popcorn Creek1029010187Primary Contact Recreation Pottawatomie Creek, North Fork1029010165Primary Contact Recreation Pottawatomie Creek, South Fork1029010167Primary Contact Recreation Rock Creek1029010143Primary Contact Recreation Rock Creek1029010197Primary Contact Recreation Sac Branch, South Fork1029010154Secondary Contact Recreation Sac Creek1029010160Primary Contact Recreation Salt Creek1029010129Primary Contact Recreation Sand Creek1029010182Primary Contact Recreation Smith Creek1029010177Primary Contact Recreation Spring Creek1029010184Primary Contact Recreation Switzler Creek1029010180Primary Contact Recreation Tauy Creek1029010111Primary Contact Recreation Tauy Creek, West Fork10290101K26Primary Contact Recreation Tequa Creek1029010144Primary Contact Recreation Tequa Creek, East Branch1029010146Primary Contact Recreation Tequa Creek, South Branch1029010145Primary Contact Recreation Thomas Creek1029010172Secondary Contact Recreation Turkey Creek102901014Primary Contact Recreation Turkey Creek102901016Primary Contact Recreation Unnamed Stream102901015Primary Contact Recreation Walnut Creek1029010190Primary Contact Recreation West Fork Eight Mile Creek1029010188Primary Contact Recreation Willow Creek1029010194Primary Contact Recreation Wilson Creek1029010183Primary Contact Recreation Wolf Creek1029010196Primary Contact Recreation Subbasin: Lower Marais Des CygnesBuck Creek1029010244Primary Contact Recreation Bull Creek1029010226Secondary Contact Recreation Davis Creek1029010238Primary Contact Recreation Dorsey Creek1029010222Primary Contact Recreation Elm Branch1029010248Primary Contact Recreation Elm Branch1029010253Primary Contact Recreation Elm Creek1029010240Primary Contact Recreation Hushpuckney Creek1029010237Primary Contact Recreation Jake Branch1029010254Secondary Contact Recreation Jordan Branch1029010236Primary Contact Recreation Little Bull Creek1029010251Primary Contact Recreation Little Sugar Creek1029010233Primary Contact Recreation Little Sugar Creek, North Fork1029010243Primary Contact Recreation Martin Creek1029010226Primary Contact Recreation Middle Creek1029010213Primary Contact Recreation Middle Creek1029010230Primary Contact Recreation Mound Creek1029010235Primary Contact Recreation Richland Creek1029010241Primary Contact Recreation Rock Creek1029010227Primary Contact Recreation Smith Branch1029010247Primary Contact Recreation Spring Creek1029010250Primary Contact Recreation Sugar Creek1029010242Primary Contact Recreation Turkey Creek1029010245Primary Contact Recreation Walnut Creek1029010214Primary Contact Recreation Walnut Creek1029010234Primary Contact Recreation Walnut Creek1029010252Primary Contact Recreation Wea Creek, North1029010221Primary Contact Recreation Wea Creek, South1029010218Primary Contact Recreation Wea Creek, South1029010219Primary Contact Recreation Wea Creek, South1029010220Primary Contact Recreation Subbasin: Little OsageClever Creek102901037Primary Contact Recreation Elk Creek1029010311Primary Contact Recreation Fish Creek102901038Primary Contact Recreation Indian Creek1029010312Primary Contact Recreation Irish Creek102901039Primary Contact Recreation Laberdie Creek, East1029010313Primary Contact Recreation Limestone Creek102901035Primary Contact Recreation Lost Creek1029010310Primary Contact Recreation Reagan Branch102901036Primary Contact Recreation Subbasin: MarmatonBuck Run1029010446Primary Contact Recreation Bunion Creek1029010439Primary Contact Recreation Cedar Creek1029010441Primary Contact Recreation Drywood Creek, Moores Branch1029010417Primary Contact Recreation Drywood Creek, West Fork1029010419Primary Contact Recreation Elm Creek1029010415Secondary Contact Recreation Hinton Creek1029010438Primary Contact Recreation Lath Branch1029010442Primary Contact Recreation Little Mill Creek1029010434Primary Contact Recreation Mill Creek102901046Primary Contact Recreation Owl Creek1029010445Primary Contact Recreation Paint Creek1029010413Primary Contact Recreation Paint Creek1029010414Primary Contact Recreation Prong Creek1029010444Secondary Contact Recreation Robinson Branch1029010440Primary Contact Recreation Shiloh Creek1029010436Primary Contact Recreation Sweet Branch1029010430Primary Contact Recreation Tennyson Creek1029010431Primary Contact Recreation Turkey Creek1029010433Primary Contact Recreation Walnut Creek1029010432Primary Contact Recreation Walnut Creek1029010447Primary Contact Recreation Wolfpen Creek1029010437Primary Contact Recreation Wolverine Creek1029010435Primary Contact Recreation Subbasin: South GrandHarless Creek1029010867Primary Contact Recreation Poney Creek1029010848Primary Contact Recreation Basin: MissouriSubbasin: Tarkio-WolfCold Ryan Branch1024000570Primary Contact Recreation Coon Creek1024000571Primary Contact Recreation Halling Creek1024000568Primary Contact Recreation Mill Creek1024000552Primary Contact Recreation Rittenhouse Branch1024000569Primary Contact Recreation Spring Creek1024000565Primary Contact Recreation Striker Branch1024000572Primary Contact Recreation Wolf River, Middle Fork1024000567Primary Contact Recreation Wolf River, North Fork1024000566Primary Contact Recreation Wolf River, South Fork1024000557Primary Contact Recreation Unnamed Stream1024000555Primary Contact Recreation Subbasin: South Fork Big NemahaBurger Creek1024000724Secondary Contact Recreation Deer Creek1024000718Primary Contact Recreation Fisher Creek1024000728Primary Contact Recreation Illinois Creek1024000730Primary Contact Recreation Rattlesnake Creek1024000727Primary Contact Recreation Rock Creek1024000720Primary Contact Recreation Tennessee Creek1024000729Primary Contact Recreation Turkey Creek102400074Primary Contact Recreation Turkey Creek102400075Primary Contact Recreation Wildcat Creek1024000723Primary Contact Recreation Wildcat Creek1024000722Primary Contact Recreation Wolf Pen Creek1024000725Primary Contact Recreation Subbasin: Big NemahaNoharts Creek1024000842Primary Contact Recreation Pedee Creek1024000841Primary Contact Recreation Pony Creek1024000838Primary Contact Recreation Roys Creek1024000840Primary Contact Recreation Subbasin: Independence - SugarBrush Creek1024001126Primary Contact Recreation Deer Creek1024001132Primary Contact Recreation Fivemile Creek1024001135Primary Contact Recreation Independence Creek, North Branch1024001129Primary Contact Recreation Jordan Creek1024001130Primary Contact Recreation Owl Creek1024001133Primary Contact Recreation Rock Creek1024001121Primary Contact Recreation Salt Creek1024001134Primary Contact Recreation Smith Creek1024001128Primary Contact Recreation Three Mile Creek1024001136Primary Contact Recreation Walnut Creek1024001123Primary Contact Recreation Walnut Creek1024001125Primary Contact Recreation White Clay Creek1024001131Primary Contact Recreation White Clay Creek102400119031Primary Contact Recreation Whiskey Creek10240011235Primary Contact Recreation Whiskey Creek102400119235Primary Contact Recreation Subbasin: Lower Missouri - CrookedBrush Creek1030010154Primary Contact Recreation Camp Branch1030010156Primary Contact Recreation Coffee Creek1030010157Primary Contact Recreation Dyke Branch1030010155Primary Contact Recreation Indian Creek1030010132Primary Contact Recreation Negro Creek1030010158Primary Contact Recreation Tomahawk Creek1030010153Primary Contact Recreation Basin: NeoshoSubbasin: Neosho HeadwatersAllen Creek110702015Primary Contact Recreation Badger Creek1107020145Primary Contact Recreation Big John Creek1107020137Primary Contact Recreation Bluff Creek110702018Primary Contact Recreation Crooked Creek1107020135Primary Contact Recreation Dows Creek110702013Primary Contact Recreation Dows Creek110702014Primary Contact Recreation Eagle Creek1107020125Primary Contact Recreation Eagle Creek, South1107020147Primary Contact Recreation East Creek1107020139Primary Contact Recreation Elm Creek1107020136Primary Contact Recreation Fourmile Creek1107020124Primary Contact Recreation Fourmile Creek1107020148Primary Contact Recreation Haun Creek1107020129Primary Contact Recreation Horse Creek1107020133Primary Contact Recreation Kahola Creek1107020143Primary Contact Recreation Lairds Creek1107020130Primary Contact Recreation Lanos Creek1107020121Primary Contact Recreation Lebo Creek1107020151Primary Contact Recreation Munkers Creek, East Branch1107020131Primary Contact Recreation Munkers Creek, Middle Branch1107020132Primary Contact Recreation Neosho River, East Fork1107020118Primary Contact Recreation Neosho River, West Fork1107020128Primary Contact Recreation Parkers Creek1107020127Primary Contact Recreation Plum Creek1107020150Primary Contact Recreation Plumb Creek1107020149Primary Contact Recreation Rock Creek110702017Primary Contact Recreation Rock Creek110702019Primary Contact Recreation Rock Creek, East Branch1107020134Primary Contact Recreation Spring Creek1107020140Primary Contact Recreation Stillman Creek1107020144Primary Contact Recreation Taylor Creek1107020146Primary Contact Recreation Walker Branch1107020142Primary Contact Recreation Wolf Creek1107020141Primary Contact Recreation Wrights Creek1107020138Primary Contact Recreation Subbasin: Upper CottonwoodAntelope Creek1107020219Primary Contact Recreation Bills Creek1107020230Primary Contact Recreation Bruno Creek1107020227Primary Contact Recreation Catlin Creek1107020220Primary Contact Recreation Clear Creek110702025Primary Contact Recreation Clear Creek, East Branch1107020224Primary Contact Recreation Coon Creek1107020232Primary Contact Recreation Cottonwood River, South1107020217Primary Contact Recreation Cottonwood River, South1107020218Primary Contact Recreation Doyle Creek1107020221Primary Contact Recreation French Creek1107020216Primary Contact Recreation Mud Creek110702026Primary Contact Recreation Perry Creek1107020223Primary Contact Recreation Spring Branch1107020226Primary Contact Recreation Spring Creek1107020228Primary Contact Recreation Spring Creek1107020229Primary Contact Recreation Stony Brook1107020225Primary Contact Recreation Turkey Creek1107020231Primary Contact Recreation Subbasin: Lower CottonwoodBeaver Creek1107020329Primary Contact Recreation Bloody Creek1107020340Primary Contact Recreation Buck Creek1107020339Primary Contact Recreation Buckeye Creek1107020344Primary Contact Recreation Bull Creek1107020326Primary Contact Recreation Camp Creek1107020314Primary Contact Recreation Coal Creek1107020343Primary Contact Recreation Collett Creek1107020321Primary Contact Recreation Corn Creek1107020347Primary Contact Recreation Coyne Branch1107020333Primary Contact Recreation Crocker Creek1107020346Primary Contact Recreation Dodds Creek1107020315Primary Contact Recreation Fox Creek1107020319Primary Contact Recreation French Creek1107020332Primary Contact Recreation Gannon Creek1107020324Primary Contact Recreation Gould Creek1107020336Primary Contact Recreation Holmes Creek1107020335Primary Contact Recreation Jacob Creek1107020328Primary Contact Recreation Kirk Creek1107020348Primary Contact Recreation Little Cedar Creek1107020311Primary Contact Recreation Little Cedar Creek1107020345Primary Contact Recreation Middle Creek110702035Primary Contact Recreation Mile-and-a-half Creek1107020313Secondary Contact Recreation Moon Creek1107020331Primary Contact Recreation Mulvane Creek1107020322Primary Contact Recreation Peyton Creek1107020325Primary Contact Recreation Phenis Creek1107020330Primary Contact Recreation Pickett Creek1107020318Primary Contact Recreation Prather Creek1107020323Primary Contact Recreation Rock Creek1107020337Primary Contact Recreation Schaffer Creek1107020317Primary Contact Recreation School Creek1107020316Primary Contact Recreation Sharpes Creek1107020338Primary Contact Recreation Silver Creek1107020334Primary Contact Recreation Spring Creek1107020341Primary Contact Recreation Stout Run1107020327Primary Contact Recreation Stribby Creek1107020320Primary Contact Recreation Subbasin: Upper NeoshoBadger Creek1107020442Primary Contact Recreation Big Creek, North1107020416Primary Contact Recreation Big Creek, South1107020417Primary Contact Recreation Bloody Run1107020425Primary Contact Recreation Carlyle Creek1107020447Primary Contact Recreation Charles Branch1107020427Primary Contact Recreation Cherry Creek1107020420Primary Contact Recreation Coal Creek110702044Primary Contact Recreation Cottonwood Creek1107020448Primary Contact Recreation Crooked Creek1107020444Primary Contact Recreation Draw Creek1107020434Primary Contact Recreation Goose Creek1107020429Primary Contact Recreation Long Creek1107020412Primary Contact Recreation Martin Creek1107020449Primary Contact Recreation Mud Creek1107020426Primary Contact Recreation Mud Creek1107020431Primary Contact Recreation Onion Creek1107020424Primary Contact Recreation Owl Creek1107020419Primary Contact Recreation Owl Creek1107020421Primary Contact Recreation Plum Creek1107020422Primary Contact Recreation Rock Creek110702047Primary Contact Recreation Rock Creek1107020423Primary Contact Recreation Rock Creek1107020415Primary Contact Recreation School Creek1107020438Primary Contact Recreation Scott Creek1107020440Primary Contact Recreation Slack Creek1107020430Primary Contact Recreation Spring Creek1107020446Primary Contact Recreation Sutton Creek1107020435Primary Contact Recreation Turkey Branch1107020428Primary Contact Recreation Turkey Creek1107020418Primary Contact Recreation Turkey Creek1107020432Primary Contact Recreation Twiss Creek1107020445Primary Contact Recreation Varvel Creek1107020443Primary Contact Recreation Village Creek1107020433Primary Contact Recreation Wolf Creek1107020437Primary Contact Recreation Subbasin: Middle NeoshoBachelor Creek1107020540Primary Contact Recreation Canville Creek1107020516Primary Contact Recreation Center Creek1107020525Primary Contact Recreation Cherry Creek110702054Primary Contact Recreation Deer Creek1107020527Primary Contact Recreation Denny Branch1107020531Primary Contact Recreation Elk Creek1107020519Primary Contact Recreation Elm Creek1107020543Primary Contact Recreation Flat Rock Creek1107020512Primary Contact Recreation Flat Rock Creek1107020514Primary Contact Recreation Fourmile Creek1107020549Primary Contact Recreation Grindstone Creek1107020542Primary Contact Recreation Hickory Creek1107020510Primary Contact Recreation Lake Creek1107020524Primary Contact Recreation Lightning Creek110702056Primary Contact Recreation Lightning Creek110702058Primary Contact Recreation Limestone Creek110702057Primary Contact Recreation Little Cherry Creek1107020532Primary Contact Recreation Little Elk Creek1107020547Primary Contact Recreation Little Fly Creek1107020526Secondary Contact Recreation Little Labette Creek1107020523Primary Contact Recreation Little Walnut Creek1107020546Primary Contact Recreation Litup Creek1107020536Primary Contact Recreation Mulberry Creek1107020535Primary Contact Recreation Murphy Creek1107020541Primary Contact Recreation Ogeese Creek1107020538Primary Contact Recreation Pecan Creek1107020545Primary Contact Recreation Plum Creek1107020534Primary Contact Recreation Rock Creek1107020548Primary Contact Recreation Spring Creek1107020530Primary Contact Recreation Stink Branch1107020537Primary Contact Recreation Thunderbolt Creek1107020544Primary Contact Recreation Tolen Creek1107020539Primary Contact Recreation Town Creek1107020528Primary Contact Recreation Turkey Creek1107020529Primary Contact Recreation Walnut Creek1107020513Primary Contact Recreation Wolf Creek1107020533Primary Contact Recreation Subbasin: Lake O' the CherokeesFourmile Creek1107020618Primary Contact Recreation Tar Creek1107020619Primary Contact Recreation Subbasin: SpringLittle Shawnee Creek1107020722Primary Contact Recreation Long Branch1107020721Primary Contact Recreation Shawnee Creek1107020717Primary Contact Recreation Taylor Branch1107020725Primary Contact Recreation Willow Creek1107020720Primary Contact Recreation Basin: Smoky Hill/SalineSubbasin: Middle Smoky HillAsh Creek1026000637Primary Contact Recreation Big Timber Creek1026000624Primary Contact Recreation Big Timber Creek1026000625Primary Contact Recreation Big Timber Creek1026000627Primary Contact Recreation Blood Creek1026000635Secondary Contact Recreation Buck Creek1026000629Primary Contact Recreation Buffalo Creek102600066Primary Contact Recreation Clear Creek1026000642Primary Contact Recreation Coal Creek1026000634Primary Contact Recreation Cow Creek1026000638Primary Contact Recreation Eagle Creek1026000630Primary Contact Recreation Fossil Creek1026000613Primary Contact Recreation Goose Creek1026000639Primary Contact Recreation Landon Creek1026000631Primary Contact Recreation Loss Creek1026000644Primary Contact Recreation Mud Creek1026000647Primary Contact Recreation Oxide Creek1026000645Primary Contact Recreation Sellens Creek1026000632Primary Contact Recreation Shelter Creek1026000643Primary Contact Recreation Skunk Creek1026000648Primary Contact Recreation Spring Creek1026000641Primary Contact Recreation Timber Creek1026000626Primary Contact Recreation Turkey Creek1026000646Primary Contact Recreation Unnamed Stream1026000620Primary Contact Recreation Unnamed Stream1026000623Primary Contact Recreation Unnamed Stream1026000628Primary Contact Recreation Wilson Creek1026000640Primary Contact Recreation Wolf Creek1026000636Primary Contact Recreation Subbasin: Lower Smoky HillBasket Creek1026000840Primary Contact Recreation Battle Creek1026000823Primary Contact Recreation Carry Creek1026000832Primary Contact Recreation Carry Creek1026000835Primary Contact Recreation Chapman Creek, West102600085Primary Contact Recreation Dry Creek1026000836Primary Contact Recreation Dry Creek, East1026000843Primary Contact Recreation Hobbs Creek1026000848Primary Contact Recreation Holland Creek1026000825Primary Contact Recreation Holland Creek, East1026000827Primary Contact Recreation Holland Creek, West1026000826Primary Contact Recreation Kentucky Creek1026000817Secondary Contact Recreation Kentucky Creek, West1026000854Primary Contact Recreation Lone Tree Creek1026000841Primary Contact Recreation Lyon Creek, West Branch1026000834Primary Contact Recreation Mcallister Creek1026000849Primary Contact Recreation Middle Branch1026000858Primary Contact Recreation Mud Creek102600088Primary Contact Recreation Otter Creek1026000842Primary Contact Recreation Paint Creek1026000852Secondary Contact Recreation Pewee Creek1026000856Primary Contact Recreation Sand Creek1026000846Primary Contact Recreation Sharps Creek1026000816Secondary Contact Recreation Spring Creek1026000845Primary Contact Recreation Stag Creek1026000819Primary Contact Recreation Turkey Creek1026000828Primary Contact Recreation Turkey Creek1026000830Primary Contact Recreation Turkey Creek, East1026000850Primary Contact Recreation Turkey Creek, West Branch1026000829Primary Contact Recreation Unnamed Stream10260008K3Primary Contact Recreation Unnamed Stream10260008K4Primary Contact Recreation Unnamed Stream10260008K24Primary Contact Recreation Wiley Creek1026000847Primary Contact Recreation Subbasin: Upper SalineCedar Creek1026000930Secondary Contact Recreation Chalk Creek1026000926Primary Contact Recreation Coyote Creek1026000923Primary Contact Recreation Eagle Creek102600096Primary Contact Recreation Happy Creek1026000925Primary Contact Recreation Paradise Creek102600095Primary Contact Recreation Salt Creek1026000920Primary Contact Recreation Spring Creek, East1026000910Primary Contact Recreation Sweetwater Creek1026000929Primary Contact Recreation Trego Creek1026000919Primary Contact Recreation Unnamed Stream1026000913Primary Contact Recreation Wild Horse Creek1026000927Primary Contact Recreation Subbasin: Lower SalineBacon Creek102600107Primary Contact Recreation Blue Stem Creek1026001033Primary Contact Recreation Coon Creek1026001031Primary Contact Recreation Dry Creek1026001029Secondary Contact Recreation Eff Creek1026001023Primary Contact Recreation Elkhorn Creek1026001017Primary Contact Recreation Elkhorn Creek, West1026001038Primary Contact Recreation Fourmile Creek1026001030Primary Contact Recreation Lost Creek1026001034Secondary Contact Recreation Owl Creek1026001018Primary Contact Recreation Owl Creek1026001039Primary Contact Recreation Ralston Creek1026001028Primary Contact Recreation Shaw Creek1026001041Primary Contact Recreation Spillman Creek102600106Primary Contact Recreation Spillman Creek, North Branch102600108Primary Contact Recreation Spring Creek1026001016Primary Contact Recreation Spring Creek1026001019Primary Contact Recreation Spring Creek1026001020Primary Contact Recreation Spring Creek1026001024Primary Contact Recreation Spring Creek1026001026Primary Contact Recreation Spring Creek1026001027Primary Contact Recreation Table Rock Creek1026001040Primary Contact Recreation Trail Creek1026001032Secondary Contact Recreation Twelvemile Creek1026001036Primary Contact Recreation Twin Creek, West1026001037Secondary Contact Recreation West Spring Creek1026001025Primary Contact Recreation Wolf Creek1026001010Primary Contact Recreation Wolf Creek, East Fork1026001011Primary Contact Recreation Wolf Creek, West Fork1026001012Primary Contact Recreation Yauger Creek1026001035Primary Contact Recreation Basin: SolomonSubbasin: Upper North Fork SolomonAsh Creek1026001124Primary Contact Recreation Beaver Creek1026001123Primary Contact Recreation Big Timber Creek102600118Primary Contact Recreation Bow Creek1026001115Primary Contact Recreation Cactus Creek1026001128Primary Contact Recreation Crooked Creek102600116Primary Contact Recreation Elk Creek1026001112Primary Contact Recreation Elk Creek, East1026001125Primary Contact Recreation Game Creek1026001110Primary Contact Recreation Game Creek1026001127Primary Contact Recreation Lost Creek1026001120Primary Contact Recreation Sand Creek1026001126Primary Contact Recreation Scull Creek1026001121Primary Contact Recreation Spring Creek1026001119Primary Contact Recreation Wolf Creek1026001122Primary Contact Recreation Subbasin: Lower North Fork SolomonBeaver Creek1026001210Primary Contact Recreation Beaver Creek, East Branch1026001211Primary Contact Recreation Beaver Creek, Middle1026001212Primary Contact Recreation Beaver Creek, Middle1026001213Primary Contact Recreation Beaver Creek, West1026001214Secondary Contact Recreation Big Creek1026001226Primary Contact Recreation Boughton Creek1026001234Primary Contact Recreation Buck Creek1026001243Secondary Contact Recreation Cedar Creek1026001216Primary Contact Recreation Cedar Creek1026001218Primary Contact Recreation Cedar Creek, East1026001217Primary Contact Recreation Cedar Creek, East Middle1026001237Primary Contact Recreation Cedar Creek, Middle1026001219Secondary Contact Recreation Deer Creek1026001223Primary Contact Recreation Deer Creek1026001225Primary Contact Recreation Deer Creek1026001227Primary Contact Recreation Deer Creek1026001229Primary Contact Recreation Deer Creek1026001231Primary Contact Recreation Dry Creek1026001242Primary Contact Recreation Glen Rock Creek1026001241Primary Contact Recreation Lawrence Creek1026001244Primary Contact Recreation Lindley Creek1026001245Primary Contact Recreation Little Oak Creek102600123Primary Contact Recreation Medicine Creek1026001233Primary Contact Recreation Oak Creek102600122Primary Contact Recreation Oak Creek102600124Primary Contact Recreation Oak Creek, East1026001240Primary Contact Recreation Oak Creek, West1026001239Secondary Contact Recreation Plotner Creek1026001230Primary Contact Recreation Plum Creek1026001220Primary Contact Recreation Spring Creek102600128Secondary Contact Recreation Spring Creek1026001228Secondary Contact Recreation Starvation Creek1026001238Primary Contact Recreation Turner Creek1026001224Primary Contact Recreation Subbasin: Upper South Fork SolomonSpring Creek102600135Primary Contact Recreation Subbasin: Lower South Fork SolomonAsh Creek1026001422Primary Contact Recreation Boxelder Creek1026001414Primary Contact Recreation Carr Creek1026001421Primary Contact Recreation Covert Creek1026001419Primary Contact Recreation Crooked Creek1026001427Primary Contact Recreation Dibble Creek1026001423Primary Contact Recreation Elm Creek1026001415Primary Contact Recreation Jim Creek1026001425Primary Contact Recreation Kill Creek1026001418Primary Contact Recreation Kill Creek, East1026001428Primary Contact Recreation Lost Creek1026001413Primary Contact Recreation Lucky Creek1026001426Primary Contact Recreation Medicine Creek1026001416Primary Contact Recreation Medicine Creek1026001417Primary Contact Recreation Robbers Roost Creek1026001424Primary Contact Recreation Twin Creek1026001420Primary Contact Recreation Twin Creek, East1026001429Primary Contact Recreation Subbasin: Solomon RiverCow Creek1026001528Primary Contact Recreation Fifth Creek1026001545Secondary Contact Recreation Granite Creek1026001524Secondary Contact Recreation Leban Creek1026001541Secondary Contact Recreation Mill Creek1026001538Secondary Contact Recreation Mulberry Creek1026001536Secondary Contact Recreation Pipe Creek102600159Primary Contact Recreation Walnut Creek1026001526Secondary Contact Recreation Basin: Upper ArkansasSubbasin: BucknerBuckner Creek, South Fork110300066Primary Contact Recreation Duck Creek110300068Secondary Contact Recreation Elm Creek110300065Primary Contact Recreation Saw Log Creek110300063Primary Contact Recreation Saw Log Creek110300064Secondary Contact Recreation Subbasin: Lower Walnut CreekAlexander Dry Creek110300087Secondary Contact Recreation Bazine Creek110300089Secondary Contact Recreation Boot Creek1103000815Secondary Contact Recreation Dry Creek1103000814Secondary Contact Recreation Dry Walnut Creek1103000813Secondary Contact Recreation Otter Creek1103000812Primary Contact Recreation Sand Creek110300083Secondary Contact Recreation Sandy Creek1103000811Secondary Contact Recreation Walnut Creek110300081Primary Contact Recreation Walnut Creek110300082Primary Contact Recreation Walnut Creek110300084Primary Contact Recreation Basin: Upper RepublicanSubbasin: South Fork RepublicanBig Timber Creek1025000361Secondary Contact Recreation Subbasin: BeaverBeaver Creek102500142Secondary Contact Recreation Basin: VerdigrisSubbasin: Upper VerdigrisBachelor Creek1107010121Primary Contact Recreation Bernard Creek1107010124Secondary Contact Recreation Big Cedar Creek1107010139Primary Contact Recreation Brazil Creek1107010131Primary Contact Recreation Buffalo Creek110701012Primary Contact Recreation Buffalo Creek, West1107010134Primary Contact Recreation Cedar Creek1107010132Primary Contact Recreation Chetopa Creek1107010122Primary Contact Recreation Crooked Creek1107010138Primary Contact Recreation Dry Creek1107010127Primary Contact Recreation Elder Branch1107010137Primary Contact Recreation Fancy Creek1107010128Primary Contact Recreation Greenhall Creek1107010126Primary Contact Recreation Holderman Creek1107010147Primary Contact Recreation Homer Creek1107010120Primary Contact Recreation Kelly Branch1107010142Primary Contact Recreation Kuntz Branch1107010129Primary Contact Recreation Little Sandy Creek1107010133Primary Contact Recreation Long Creek1107010145Primary Contact Recreation Miller Creek1107010130Primary Contact Recreation Moon Branch1107010143Primary Contact Recreation Onion Creek1107010123Primary Contact Recreation Rock Creek1107010114Primary Contact Recreation Ross Branch1107010135Primary Contact Recreation Sandy Creek110701014Primary Contact Recreation Shaw Creek1107010140Primary Contact Recreation Slate Creek1107010125Primary Contact Recreation Snake Creek1107010136Primary Contact Recreation Tate Branch Creek1107010144Primary Contact Recreation Van Horn Creek1107010146Primary Contact Recreation Verdigris River, Bernard Branch1107010116Primary Contact Recreation Verdigris River, North Branch1107010113Primary Contact Recreation Verdigris River, North Branch1107010115Primary Contact Recreation Walnut Creek1107010119Primary Contact Recreation West Creek1107010117Primary Contact Recreation Wolf Creek1107010141Primary Contact Recreation Subbasin: FallBattle Creek1107010218Primary Contact Recreation Burnt Creek1107010224Primary Contact Recreation Clear Creek1107010237Primary Contact Recreation Coon Creek1107010225Primary Contact Recreation Coon Creek1107010236Primary Contact Recreation Crain Creek1107010232Primary Contact Recreation Honey Creek1107010226Primary Contact Recreation Indian Creek1107010215Primary Contact Recreation Ivanpah Creek1107010219Primary Contact Recreation Kitty Creek1107010227Primary Contact Recreation Little Indian Creek1107010234Primary Contact Recreation Little Salt Creek1107010235Primary Contact Recreation Oleson Creek1107010221Primary Contact Recreation Otis Creek1107010220Primary Contact Recreation Plum Creek1107010230Primary Contact Recreation Rainbow Creek, East1107010217Primary Contact Recreation Salt Creek1107010214Primary Contact Recreation Salt Creek1107010238Primary Contact Recreation Silver Creek1107010233Primary Contact Recreation Snake Creek1107010231Primary Contact Recreation Spring Creek1107010212Primary Contact Recreation Swing Creek11070102989Primary Contact Recreation Tadpole Creek1107010229Primary Contact Recreation Watson Branch1107010223Primary Contact Recreation Subbasin: Middle VerdigrisBig Creek1107010321Primary Contact Recreation Biscuit Creek1107010353Primary Contact Recreation Bluff Run1107010354Primary Contact Recreation Choteau Creek1107010363Primary Contact Recreation Claymore Creek1107010350Primary Contact Recreation Deadman Creek1107010357Primary Contact Recreation Deer Creek1107010351Primary Contact Recreation Drum Creek1107010334Primary Contact Recreation Dry Creek1107010337Primary Contact Recreation Fawn Creek1107010356Primary Contact Recreation Mud Creek1107010359Primary Contact Recreation Onion Creek1107010339Primary Contact Recreation Potato Creek1107010331Primary Contact Recreation Prior Creek1107010362Primary Contact Recreation Pumpkin Creek1107010328Primary Contact Recreation Richland Creek1107010349Primary Contact Recreation Rock Creek1107010358Primary Contact Recreation Rock Creek1107010361Primary Contact Recreation Snow Creek1107010325Primary Contact Recreation Spring Creek1107010355Primary Contact Recreation Sycamore Creek1107010352Primary Contact Recreation Wildcat Creek1107010360Primary Contact Recreation Subbasin: ElkBachelor Creek1107010425Primary Contact Recreation Bloody Run1107010426Primary Contact Recreation Bull Creek1107010433Primary Contact Recreation Card Creek1107010419Primary Contact Recreation Chetopa Creek1107010418Primary Contact Recreation Clear Creek1107010430Primary Contact Recreation Clear Creek1107010432Primary Contact Recreation Coffey Branch1107010420Primary Contact Recreation Duck Creek110701043Primary Contact Recreation Elk River, Mound Branch1107010415Primary Contact Recreation Elk River, South Branch1107010438Primary Contact Recreation Elk River, Rowe Branch1107010439Primary Contact Recreation Elm Branch1107010423Primary Contact Recreation Hickory Creek1107010428Primary Contact Recreation Hitchen Creek110701047Primary Contact Recreation Hitchen Creek, East1107010435Primary Contact Recreation Little Duck Creek1107010424Primary Contact Recreation Little Hitchen Creek1107010437Primary Contact Recreation Painterhood Creek110701045Primary Contact Recreation Painterhood Creek, East1107010436Primary Contact Recreation Pan Creek1107010427Primary Contact Recreation Pawpaw Creek1107010411Primary Contact Recreation Racket Creek1107010421Primary Contact Recreation Rock Creek1107010413Primary Contact Recreation Salt Creek1107010417Primary Contact Recreation Salt Creek, South1107010429Primary Contact Recreation Skull Creek1107010431Primary Contact Recreation Snake Creek1107010434Primary Contact Recreation Sycamore Creek1107010422Primary Contact Recreation Wildcat Creek1107010416Primary Contact Recreation Subbasin: CaneyBachelor Creek1107010647Primary Contact Recreation Bee Creek110701069Primary Contact Recreation California Creek1107010648Primary Contact Recreation Caney Creek1107010612Primary Contact Recreation Caney River, East Fork1107010652Primary Contact Recreation Caney Creek, North1107010611Primary Contact Recreation Cedar Creek1107010630Primary Contact Recreation Cedar Creek1107010632Primary Contact Recreation Cheyenne Creek1107010640Primary Contact Recreation Coon Creek1107010636Primary Contact Recreation Corum Creek1107010651Primary Contact Recreation Cotton Creek1107010638Primary Contact Recreation Cotton Creek, North Fork1107010637Primary Contact Recreation Dry Creek1107010629Primary Contact Recreation Fly Creek1107010646Primary Contact Recreation Illinois Creek1107010639Primary Contact Recreation Jim Creek1107010649Primary Contact Recreation Lake Creek1107010634Primary Contact Recreation Otter Creek1107010633Primary Contact Recreation Pool Creek1107010643Primary Contact Recreation Possum Trot Creek1107010674Primary Contact Recreation Rock Creek1107010628Primary Contact Recreation Spring Creek1107010644Primary Contact Recreation Spring Creek1107010653Primary Contact Recreation Squaw Creek1107010642Primary Contact Recreation Sycamore Creek1107010631Primary Contact Recreation Turkey Creek1107010645Primary Contact Recreation Union Creek1107010641Primary Contact Recreation Wolf Creek1107010635Primary Contact Recreation Wolf Creek1107010650Primary Contact Recreation Basin: WalnutSubbasin: Upper Walnut RiverBadger Creek1103001736Primary Contact Recreation Bemis Creek110300178Primary Contact Recreation Cole Creek1103001715Primary Contact Recreation Constant Creek1103001741Primary Contact Recreation Dry Creek1103001727Primary Contact Recreation Dry Creek1103001732Primary Contact Recreation Durechen Creek1103001712Primary Contact Recreation Elm Creek1103001743Primary Contact Recreation Fourmile Creek1103001720Primary Contact Recreation Gilmore Branch1103001739Primary Contact Recreation Gypsum Creek1103001730Primary Contact Recreation Henry Creek1103001733Primary Contact Recreation Lower Branch1103001742Primary Contact Recreation Prairie Creek1103001735Primary Contact Recreation Rock Creek1103001737Primary Contact Recreation Sand Creek1103001729Primary Contact Recreation Satchel Creek1103001710Primary Contact Recreation School Branch1103001745Primary Contact Recreation Sutton Creek1103001740Primary Contact Recreation Walnut Creek1103001744Primary Contact Recreation Whitewater Creek1103001734Primary Contact Recreation Whitewater Creek, East Branch1103001731Primary Contact Recreation Whitewater River, East Branch1103001722Primary Contact Recreation Whitewater River, West Branch1103001724Primary Contact Recreation Whitewater River, West Branch1103001725Primary Contact Recreation Wildcat Creek1103001726Primary Contact Recreation Wildcat Creek, West1103001728Primary Contact Recreation Subbasin: Lower Walnut RiverBlack Crook Creek1103001818Primary Contact Recreation Cedar Creek1103001819Secondary Contact Recreation Chigger Creek1103001821Primary Contact Recreation Crooked Creek1103001831Primary Contact Recreation Durham Creek1103001823Primary Contact Recreation Dutch Creek110300182Primary Contact Recreation Dutch Creek110300184Primary Contact Recreation Eightmile Creek1103001830Primary Contact Recreation Foos Creek1103001826Primary Contact Recreation Hickory Creek1103001812Primary Contact Recreation Honey Creek1103001833Primary Contact Recreation Little Dutch Creek1103001827Primary Contact Recreation Lower Dutch Creek1103001820Primary Contact Recreation Plum Creek1103001836Primary Contact Recreation Polecat Creek1103001817Primary Contact Recreation Posey Creek1103001837Primary Contact Recreation Richland Creek1103001825Primary Contact Recreation Rock Creek, North Branch1103001835Primary Contact Recreation Sanford Creek1103001829Primary Contact Recreation Spring Branch1103001832Primary Contact Recreation Stalter Branch1103001824Primary Contact Recreation Stewart Creek1103001828Primary Contact Recreation Swisher Branch1103001822Primary Contact Recreation Total = 1186
Lake name County Designated use Basin: CimarronSubbasin: Upper Cimarron (HUC 11040002)Moss Lake EastMORTONPrimary Contact Recreation Moss Lake WestMORTONPrimary Contact Recreation Subbasin: North Fork Cimarron (HUC 11040006)Russell LakeSTEVENSPrimary Contact Recreation Subbasin: Upper Cimarron-Bluff (HUC 11040008)Clark State Fishing LakeCLARKPrimary Contact Recreation Saint Jacob's WellCLARKPrimary Contact Recreation Basin: Kansas/Lower RepublicanSubbasin: Middle Republican (HUC 10250016)Lake JewellJEWELLPrimary Contact Recreation Subbasin: Lower Republican (HUC 10250017)Belleville City LakeREPUBLICPrimary Contact Recreation Wakefield LakeCLAYPrimary Contact Recreation Subbasin: Middle Kansas (HUC 10270102)Alma City ReservoirWABAUNSEEPrimary Contact Recreation Cedar Crest PondSHAWNEEPrimary Contact Recreation Central Park LakeSHAWNEEPrimary Contact Recreation Gage Park LakeSHAWNEEPrimary Contact Recreation Jeffrey Energy Center LakesPOTTAWATOMIEPrimary Contact Recreation Subbasin: Delaware (HUC 10270103)Atchison County Park LakeATCHISONPrimary Contact Recreation Little LakeBROWNPrimary Contact Recreation Subbasin: Lower Kansas (HUC 10270104)Douglas County State LakeDOUGLASPrimary Contact Recreation Lenexa LakeJOHNSONPrimary Contact Recreation Mahaffie Farmstead PondJOHNSONPrimary Contact Recreation Pierson Park LakeWYANDOTTEPrimary Contact Recreation Waterworks LakesJOHNSONPrimary Contact Recreation Subbasin: Lower Big Blue (HUC 10270205)Lake IdlewildMARSHALLPrimary Contact Recreation Subbasin: Lower Little Blue (HUC 10270207)Washington County State Fishing LakeWASHINGTONPrimary Contact Recreation Basin: Lower ArkansasSubbasin: Rattlesnake (HUC 11030009)Kiowa County State Fishing LakeKIOWAPrimary Contact Recreation Subbasin: Cow (HUC 11030011)Barton LakeBARTONPrimary Contact Recreation Sterling City LakeRICEPrimary Contact Recreation Subbasin: Little Arkansas (HUC 11030012)Dillon Park Lakes #1RENOPrimary Contact Recreation Dillon Park Lake #2RENOPrimary Contact Recreation Newton City Park LakeHARVEYPrimary Contact Recreation Subbasin: Middle Arkansas-Slate (HUC 11030013)Belaire LakeSEDGWICKPrimary Contact Recreation Buffalo Park LakeSEDGWICKPrimary Contact Recreation Emery ParkSEDGWICKPrimary Contact Recreation Harrison Park LakeSEDGWICKPrimary Contact Recreation Riggs Park LakeSEDGWICKPrimary Contact Recreation Subbasin: South Fork Ninnescah (HUC 11030015)Lemon Park LakePRATTPrimary Contact Recreation Subbasin: Medicine Lodge (HUC 11060003)Barber County State Fishing LakeBARBERPrimary Contact Recreation Subbasin: Lower Salt Fork Arkansas (HUC 11060004)Hargis LakeBARBERPrimary Contact Recreation Basin: Marais Des CygnesSubbasin: Upper Marais Des Cygnes (HUC 10290101)Allen City LakeLYONPrimary Contact Recreation Cedar Creek LakeANDERSONPrimary Contact Recreation Crystal LakeANDERSONPrimary Contact Recreation Lyon County State Fishing LakeLYONPrimary Contact Recreation Osage City ReservoirOSAGEPrimary Contact Recreation Waterworks ImpoundmentANDERSONPrimary Contact Recreation Subbasin: Lower Marais Des Cygnes (HUC 10290102)Edgerton City LakeJOHNSONPrimary Contact Recreation Edgerton South LakeJOHNSONPrimary Contact Recreation Lake LaCygneLINNPrimary Contact Recreation Louisburg State Fishing LakeMIAMIPrimary Contact Recreation Miami County State Fishing LakeMIAMIPrimary Contact Recreation Paola City LakeMIAMIPrimary Contact Recreation Pleasanton Lake #1LINNPrimary Contact Recreation Pleasanton Lake #2LINNPrimary Contact Recreation Spring Hill City LakeJOHNSONPrimary Contact Recreation Subbasin: Marmaton (HUC 10290104)Gunn Park Lake, EastBOURBONPrimary Contact Recreation Gunn Park Lake, WestBOURBONPrimary Contact Recreation Rock Creek LakeBOURBONPrimary Contact Recreation Basin: MissouriSubbasin: South Fork Big Nemaha (HUC 10240007)Pony Creek LakeNEMAHAPrimary Contact Recreation Sabetha City LakeNEMAHAPrimary Contact Recreation Subbasin: Independence-Sugar (HUC 10240011)Atchison City LakesATCHISONPrimary Contact Recreation Big Eleven LakeWYANDOTTEPrimary Contact Recreation Doniphan Fair Association LakeDONIPHANPrimary Contact Recreation Jerrys LakeLEAVENWORTHPrimary Contact Recreation Lansing City LakeLEAVENWORTHPrimary Contact Recreation South Park LakeLEAVENWORTHPrimary Contact Recreation Subbasin: Lower Missouri-Crooked (HUC 10300101)Prairie View ParkJOHNSONPrimary Contact Recreation South Park LakeJOHNSONPrimary Contact Recreation Stanley Rural Water District Lake #2JOHNSONPrimary Contact Recreation Stohl Park LakeJOHNSONPrimary Contact Recreation Basin: NeoshoSubbasin: Lower Cottonwood (HUC 11070203)Peter Pan PondLYONPrimary Contact Recreation Subbasin: Upper Neosho (HUC 11070204)Chanute City (Santa Fe) LakeNEOSHOPrimary Contact Recreation Leonard's LakeWOODSONPrimary Contact Recreation Subbasin: Middle Neosho (HUC 11070205)Altamont City Lake #1LABETTEPrimary Contact Recreation Bartlett City LakeLABETTEPrimary Contact Recreation Harmon Wildlife Area LakesLABETTEPrimary Contact Recreation Mined Land Wildlife Area LakesCHEROKEEPrimary Contact Recreation Timber LakeNEOSHOPrimary Contact Recreation Subbasin: Spring (HUC 11070207)Empire LakeCHEROKEEPrimary Contact Recreation Frontenac City ParkCRAWFORDPrimary Contact Recreation Mined Land Wildlife Area LakesCRAWFORDPrimary Contact Recreation Pittsburg College LakeCRAWFORDPrimary Contact Recreation Playters LakeCRAWFORDPrimary Contact Recreation Basin: Smoky Hill/SalineSubbasin: Lower Smoky Hill (HUC 10260008)Herington City Park LakeDICKINSONPrimary Contact Recreation Herington ReservoirDICKINSONPrimary Contact Recreation Basin: SolomonSubbasin: Lower North Fork Solomon (HUC 10260012)Francis Wachs Wildlife Area LakesSMITHPrimary Contact Recreation Subbasin: Solomon River (HUC 10260015)Jewell County State Fishing LakeJEWELLPrimary Contact Recreation Ottawa County State Fishing LakeOTTAWAPrimary Contact Recreation Basin: Upper ArkansasSubbasin: Middle Arkansas-Lake McKinney (HUC 11030001)Lake McKinneyKEARNYPrimary Contact Recreation Subbasin: Arkansas-Dodge City (HUC 11030003)Lake CharlesFORDPrimary Contact Recreation Subbasin: Pawnee (HUC 11030005)Concannon State Fishing LakeFINNEYPrimary Contact Recreation Finney County Game Refuge LakesFINNEYPrimary Contact Recreation Subbasin: Buckner (HUC 11030006)Ford County LakeFORDPrimary Contact Recreation Hain State Fishing LakeFORDPrimary Contact Recreation Subbasin: Upper Walnut Creek (HUC 11030007)Goodman State Fishing LakeNESSPrimary Contact Recreation Subbasin: Lower Walnut Creek (HUC 11030008)Memorial Park LakeBARTONPrimary Contact Recreation Stone LakeBARTONPrimary Contact Recreation Basin: VerdigrisSubbasin: Upper Verdigris (HUC 11070101)Quarry LakeWILSONPrimary Contact Recreation Thayer New City LakeNEOSHOPrimary Contact Recreation Subbasin: Middle Verdigris (HUC 11070103)La Claire LakeMONTGOMERYPrimary Contact Recreation Pfister Park LakesMONTGOMERYPrimary Contact Recreation Subbasin: Caney (HUC 11070106)Caney City LakeCHAUTAUQUAPrimary Contact Recreation Basin: WalnutSubbasin: Lower Walnut River (HUC 11030018)Butler County State Fishing LakeBUTLERPrimary Contact Recreation Winfield Park LagoonCOWLEYPrimary Contact Recreation Total = 100

(c) Water quality standard variances. The Regional Administrator, EPA Region 7, is authorized to grant variances from the water quality standards in paragraphs (a) and (b) of this section where the requirements of § 131.14 are met.

[68 FR 40442, July 7, 2003, as amended at 80 FR 51050, Aug. 21, 2015]

§ 131.35 - Colville Confederated Tribes Indian Reservation.

The water quality standards applicable to the waters within the Colville Indian Reservation, located in the State of Washington.

(a) Background. (1) It is the purpose of these Federal water quality standards to prescribe minimum water quality requirements for the surface waters located within the exterior boundaries of the Colville Indian Reservation to ensure compliance with section 303(c) of the Clean Water Act.

(2) The Colville Confederated Tribes have a primary interest in the protection, control, conservation, and utilization of the water resources of the Colville Indian Reservation. Water quality standards have been enacted into tribal law by the Colville Business Council of the Confederated Tribes of the Colville Reservation, as the Colville Water Quality Standards Act, CTC Title 33 (Resolution No. 1984-526 (August 6, 1984) as amended by Resolution No. 1985-20 (January 18, 1985)).

(b) Territory covered. The provisions of these water quality standards shall apply to all surface waters within the exterior boundaries of the Colville Indian Reservation.

(c) Applicability, Administration and Amendment. (1) The water quality standards in this section shall be used by the Regional Administrator for establishing any water quality based National Pollutant Discharge Elimination System Permit (NPDES) for point sources on the Colville Confederated Tribes Reservation.

(2) In conjunction with the issuance of section 402 or section 404 permits, the Regional Administrator may designate mixing zones in the waters of the United States on the reservation on a case-by-case basis. The size of such mixing zones and the in-zone water quality in such mixing zones shall be consistent with the applicable procedures and guidelines in EPA's Water Quality Standards Handbook and the Technical Support Document for Water Quality Based Toxics Control.

(3) Amendments to the section at the request of the Tribe shall proceed in the following manner.

(i) The requested amendment shall first be duly approved by the Confederated Tribes of the Colville Reservation (and so certified by the Tribes Legal Counsel) and submitted to the Regional Administrator.

(ii) The requested amendment shall be reviewed by EPA (and by the State of Washington, if the action would affect a boundary water).

(iii) If deemed in compliance with the Clean Water Act, EPA will propose and promulgate an appropriate change to this section.

(4) Amendment of this section at EPA's initiative will follow consultation with the Tribe and other appropriate entities. Such amendments will then follow normal EPA rulemaking procedures.

(5) All other applicable provisions of this part 131 shall apply on the Colville Confederated Tribes Reservation. Special attention should be paid to §§ 131.6, 131.10, 131.11 and 131.20 for any amendment to these standards to be initiated by the Tribe.

(6) All numeric criteria contained in this section apply at all in-stream flow rates greater than or equal to the flow rate calculated as the minimum 7-consecutive day average flow with a recurrence frequency of once in ten years (7Q10); narrative criteria (§ 131.35(e)(3)) apply regardless of flow. The 7Q10 low flow shall be calculated using methods recommended by the U.S. Geological Survey.

(d) Definitions. (1) Acute toxicity means a deleterious response (e.g., mortality, disorientation, immobilization) to a stimulus observed in 96 hours or less.

(2) Background conditions means the biological, chemical, and physical conditions of a water body, upstream from the point or non-point source discharge under consideration. Background sampling location in an enforcement action will be upstream from the point of discharge, but not upstream from other inflows. If several discharges to any water body exist, and an enforcement action is being taken for possible violations to the standards, background sampling will be undertaken immediately upstream from each discharge.

(3) Ceremonial and Religious water use means activities involving traditional Native American spiritual practices which involve, among other things, primary (direct) contact with water.

(4) Chronic toxicity means the lowest concentration of a constituent causing observable effects (i.e., considering lethality, growth, reduced reproduction, etc.) over a relatively long period of time, usually a 28-day test period for small fish test species.

(5) Council or Tribal Council means the Colville Business Council of the Colville Confederated Tribes.

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

(7) Mean retention time means the time obtained by dividing a reservoir's mean annual minimum total storage by the non-zero 30-day, ten-year low-flow from the reservoir.

(8) Mixing zone or dilution zone means a limited area or volume of water where initial dilution of a discharge takes place; and where numeric water quality criteria can be exceeded but acutely toxic conditions are prevented from occurring.

(9) pH means the negative logarithm of the hydrogen ion concentration.

(10) Primary contact recreation means activities where a person would have direct contact with water to the point of complete submergence, including but not limited to skin diving, swimming, and water skiing.

(11) Regional Administrator means the Administrator of EPA's Region X.

(12) Reservation means all land within the limits of the Colville Indian Reservation, established on July 2, 1872 by Executive Order, presently containing 1,389,000 acres more or less, and under the jurisdiction of the United States government, notwithstanding the issuance of any patent, and including rights-of-way running through the reservation.

(13) Secondary contact recreation means activities where a person's water contact would be limited to the extent that bacterial infections of eyes, ears, respiratory, or digestive systems or urogenital areas would normally be avoided (such as wading or fishing).

(14) Surface water means all water above the surface of the ground within the exterior boundaries of the Colville Indian Reservation including but not limited to lakes, ponds, reservoirs, artificial impoundments, streams, rivers, springs, seeps and wetlands.

(15) Temperature means water temperature expressed in Centigrade degrees (C).

(16) Total dissolved solids (TDS) means the total filterable residue that passes through a standard glass fiber filter disk and remains after evaporation and drying to a constant weight at 180 degrees C. it is considered to be a measure of the dissolved salt content of the water.

(17) Toxicity means acute and/or chronic toxicity.

(18) Tribe or Tribes means the Colville Confederated Tribes.

(19) Turbidity means the clarity of water expressed as nephelometric turbidity units (NTU) and measured with a calibrated turbidimeter.

(20) Wildlife habitat means the waters and surrounding land areas of the Reservation used by fish, other aquatic life and wildlife at any stage of their life history or activity.

(e) General considerations. The following general guidelines shall apply to the water quality standards and classifications set forth in the use designation Sections.

(1) Classification boundaries. At the boundary between waters of different classifications, the water quality standards for the higher classification shall prevail.

(2) Antidegradation policy. This antidegradation policy shall be applicable to all surface waters of the Reservation.

(i) Existing in-stream water uses and the level of water quality necessary to protect the existing uses shall be maintained and protected.

(ii) Where the quality of the waters exceeds levels necessary to support propagation of fish, shellfish, and wildlife and recreation in and on the water, that quality shall be maintained and protected unless the Regional Administrator finds, after full satisfaction of the inter-governmental coordination and public participation provisions of the Tribes' continuing planning process, that allowing lower water quality is necessary to accommodate important economic or social development in the area in which the waters are located. In allowing such degradation or lower water quality, the Regional Administrator shall assure water quality adequate to protect existing uses fully. Further, the Regional Administrator shall assure that there shall be achieved the highest statutory and regulatory requirements for all new and existing point sources and all cost-effective and reasonable best management practices for nonpoint source control.

(iii) Where high quality waters are identified as constituting an outstanding national or reservation resource, such as waters within areas designated as unique water quality management areas and waters otherwise of exceptional recreational or ecological significance, and are designated as special resource waters, that water quality shall be maintained and protected.

(iv) In those cases where potential water quality impairment associated with a thermal discharge is involved, this antidegradation policy's implementing method shall be consistent with section 316 of the Clean Water Act.

(3) Aesthetic qualities. All waters within the Reservation, including those within mixing zones, shall be free from substances, attributable to wastewater discharges or other pollutant sources, that:

(i) Settle to form objectionable deposits;

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

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

(iv) Cause injury to, are toxic to, or produce adverse physiological responses in humans, animals, or plants; or

(v) produce undesirable or nuisance aquatic life.

(4) Analytical methods. (i) The analytical testing methods used to measure or otherwise evaluate compliance with water quality standards shall to the extent practicable, be in accordance with the “Guidelines Establishing Test Procedures for the Analysis of Pollutants” (40 CFR part 136). When a testing method is not available for a particular substance, the most recent edition of “Standard Methods for the Examination of Water and Wastewater” (published by the American Public Health Association, American Water Works Association, and the Water Pollution Control Federation) and other or superseding methods published and/or approved by EPA shall be used.

(f) General water use and criteria classes. The following criteria shall apply to the various classes of surface waters on the Colville Indian Reservation:

(1) Class I (Extraordinary) - (i) Designated uses. The designated uses include, but are not limited to, the following:

(A) Water supply (domestic, industrial, agricultural).

(B) Stock watering.

(C) Fish and shellfish: Salmonid migration, rearing, spawning, and harvesting; other fish migration, rearing, spawning, and harvesting.

(D) Wildlife habitat.

(E) Ceremonial and religious water use.

(F) Recreation (primary contact recreation, sport fishing, boating and aesthetic enjoyment).

(G) Commerce and navigation.

(ii) Water quality criteria. (A) Bacteriological Criteria. The geometric mean of the enterococci bacteria densities in samples taken over a 30 day period shall not exceed 8 per 100 milliliters, nor shall any single sample exceed an enterococci density of 35 per 100 milliliters. These limits are calculated as the geometric mean of the collected samples approximately equally spaced over a thirty day period.

(B) Dissolved oxygen - The dissolved oxygen shall exceed 9.5 mg/l.

(C) Total dissolved gas - concentrations shall not exceed 110 percent of the saturation value for gases at the existing atmospheric and hydrostatic pressures at any point of sample collection.

(D) Temperature - shall not exceed 16.0 degrees C due to human activities. Temperature increases shall not, at any time, exceed t = 23/(T + 5).

(1) When natural conditions exceed 16.0 degrees C, no temperature increase will be allowed which will raise the receiving water by greater than 0.3 degrees C.

(2) For purposes hereof, “t” represents the permissive temperature change across the dilution zone; and “T” represents the highest existing temperature in this water classification outside of any dilution zone.

(3) Provided that temperature increase resulting from nonpoint source activities shall not exceed 2.8 degrees C, and the maximum water temperature shall not exceed 10.3 degrees C.

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

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

(G) Toxic, radioactive, nonconventional, or deleterious material concentrations shall be less than those of public health significance, or which may cause acute or chronic toxic conditions to the aquatic biota, or which may adversely affect designated water uses.

(2) Class II (Excellent) - (i) Designated uses. The designated uses include but are not limited to, the following:

(A) Water supply (domestic, industrial, agricultural).

(B) Stock watering.

(C) Fish and shellfish: Salmonid migration, rearing, spawning, and harvesting; other fish migration, rearing, spawning, and harvesting; crayfish rearing, spawning, and harvesting.

(D) Wildlife habitat.

(E) Ceremonial and religious water use.

(F) Recreation (primary contact recreation, sport fishing, boating and aesthetic enjoyment).

(G) Commerce and navigation.

(ii) Water quality criteria. (A) Bacteriological Criteria - The geometric mean of the enterococci bacteria densities in samples taken over a 30 day period shall not exceed 16/100 ml, nor shall any single sample exceed an enterococci density of 75 per 100 milliliters. These limits are calculated as the geometric mean of the collected samples approximately equally spaced over a thirty day period.

(B) Dissolved oxygen - The dissolved oxygen shall exceed 8.0 mg/l.

(C) Total dissolved gas - concentrations shall not exceed 110 percent of the saturation value for gases at the existing atmospheric and hydrostatic pressures at any point of sample collection.

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

(1) When natural conditions exceed 18 degrees C no temperature increase will be allowed which will raise the receiving water temperature by greater than 0.3 degrees C.

(2) For purposes hereof, “t” represents the permissive temperature change across the dilution zone; and “T” represents the highest existing temperature in this water classification outside of any dilution zone.

(3) Provided that temperature increase resulting from non-point source activities shall not exceed 2.8 degrees C, and the maximum water temperature shall not exceed 18.3 degrees C.

(E) pH shall be within the range of 6.5 to 8.5 with a human-caused variation of less than 0.5 units.

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

(G) Toxic, radioactive, nonconventional, or deleterious material concentrations shall be less than those of public health significance, or which may cause acute or chronic toxic conditions to the aquatic biota, or which may adversely affect designated water uses.

(3) Class III (Good) - (i) Designated uses. The designated uses include but are not limited to, the following:

(A) Water supply (industrial, agricultural).

(B) Stock watering.

(C) Fish and shellfish: Salmonid migration, rearing, spawning, and harvesting; other fish migration, rearing, spawning, and harvesting; crayfish rearing, spawning, and harvesting.

(D) Wildlife habitat.

(E) Recreation (secondary contact recreation, sport fishing, boating and aesthetic enjoyment).

(F) Commerce and navigation.

(ii) Water quality criteria. (A) Bacteriological Criteria - The geometric mean of the enterococci bacteria densities in samples taken over a 30 day period shall not exceed 33/100 ml, nor shall any single sample exceed an enterococci density of 150 per 100 milliliters. These limits are calculated as the geometric mean of the collected samples approximately equally spaced over a thirty day period.

(B) Dissolved oxygen.

Early life stages 1 2Other life stages 7 day mean9.5 (6.5)3 NA 1 day minimum 48.0 (5.0)6.5

1 These are water column concentrations recommended to achieve the required intergravel dissolved oxygen concentrations shown in parentheses. The 3 mg/L differential is discussed in the dissolved oxygen criteria document (EPA 440/5-86-003, April 1986). For species that have early life stages exposed directly to the water column, the figures in parentheses apply.

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

3 NA (not applicable)

4 All minima should be considered as instantaneous concentrations to be achieved at all times.

(C) Total dissolved gas concentrations shall not exceed 110 percent of the saturation value for gases at the existing atmospheric and hydrostatic pressures at any point of sample collection.

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

(1) When natural conditions exceed 21.0 degrees C no temperature increase will be allowed which will raise the receiving water temperature by greater than 0.3 degrees C.

(2) For purposes hereof, “t” represents the permissive temperature change across the dilution zone; and “T” represents the highest existing temperature in this water classification outside of any dilution zone.

(3) Provided that temperature increase resulting from nonpoint source activities shall not exceed 2.8 degrees C, and the maximum water temperature shall not exceed 21.3 degrees C.

(E) pH shall be within the range of 6.5 to 8.5 with a human-caused variation of less than 0.5 units.

(F) Turbidity shall not exceed 10 NTU over background turbidity when the background turbidity is 50 NTU or less, or have more than a 20 percent increase in turbidity when the background turbidity is more than 50 NTU.

(G) Toxic, radioactive, nonconventional, or deleterious material concentrations shall be less than those of public health significance, or which may cause acute or chronic toxic conditions to the aquatic biota, or which may adversely affect designated water uses.

(4) Class IV (Fair) - (i) Designated uses. The designated uses include but are not limited to, the following:

(A) Water supply (industrial).

(B) Stock watering.

(C) Fish (salmonid and other fish migration).

(D) Recreation (secondary contact recreation, sport fishing, boating and aesthetic enjoyment).

(E) Commerce and navigation.

(ii) Water quality criteria. (A) Dissolved oxygen.

During periods of salmonid and other fish migration During all other time periods 30 day mean6.55.5 7 day mean1 NA1 NA 7 day mean minimum5.04.0 1 day minimum 24.03.0

1 NA (not applicable).

2 All minima should be considered as instantaneous concentrations to be achieved at all times.

(B) Total dissolved gas - concentrations shall not exceed 110 percent of the saturation value for gases at the existing atmospheric and hydrostatic pressures at any point of sample collection.

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

(1) When natural conditions exceed 22.0 degrees C, no temperature increase will be allowed which will raise the receiving water temperature by greater than 0.3 degrees C.

(2) For purposes hereof, “t” represents the permissive temperature change across the dilution zone; and “T” represents the highest existing temperature in this water classification outside of any dilution zone.

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

(E) Turbidity shall not exceed 10 NTU over background turbidity when the background turbidity is 50 NTU or less, or have more than a 20 percent increase in turbidity when the background turbidity is more than 50 NTU.

(F) Toxic, radioactive, nonconventional, or deleterious material concentrations shall be less than those of public health significance, or which may cause acute or chronic toxic conditions to the aquatic biota, or which may adversely affect designated water uses.

(5) Lake Class - (i) Designated uses. The designated uses include but are not limited to, the following:

(A) Water supply (domestic, industrial, agricultural).

(B) Stock watering.

(C) Fish and shellfish: Salmonid migration, rearing, spawning, and harvesting; other fish migration, rearing, spawning, and harvesting; crayfish rearing, spawning, and harvesting.

(D) Wildlife habitat.

(E) Ceremonial and religious water use.

(F) Recreation (primary contact recreation, sport fishing, boating and aesthetic enjoyment).

(G) Commerce and navigation.

(ii) Water quality criteria. (A) Bacteriological Criteria. The geometric mean of the enterococci bacteria densities in samples taken over a 30 day period shall not exceed 33/100 ml, nor shall any single sample exceed an enterococci density of 150 per 100 milliliters. These limits are calculated as the geometric mean of the collected samples approximately equally spaced over a thirty day period.

(B) Dissolved oxygen - no measurable decrease from natural conditions.

(C) Total dissolved gas concentrations shall not exceed 110 percent of the saturation value for gases at the existing atmospheric and hydrostatic pressures at any point of sample collection.

(D) Temperature - no measurable change from natural conditions.

(E) pH - no measurable change from natural conditions.

(F) Turbidity shall not exceed 5 NTU over natural conditions.

(G) Toxic, radioactive, nonconventional, or deleterious material concentrations shall be less than those which may affect public health, the natural aquatic environment, or the desirability of the water for any use.

(6) Special Resource Water Class (SRW) - (i) General characteristics. These are fresh or saline waters which comprise a special and unique resource to the Reservation. Water quality of this class will be varied and unique as determined by the Regional Administrator in cooperation with the Tribes.

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

(A) Wildlife habitat.

(B) Natural foodchain maintenance.

(iii) Water quality criteria.

(A) Enterococci bacteria densities shall not exceed natural conditions.

(B) Dissolved oxygen - shall not show any measurable decrease from natural conditions.

(C) Total dissolved gas shall not vary from natural conditions.

(D) Temperature - shall not show any measurable change from natural conditions.

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

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

(G) Turbidity shall not exceed 5 NTU over natural conditions.

(H) Toxic, radioactive, or deleterious material concentrations shall not exceed those found under natural conditions.

(g) General classifications. General classifications applying to various surface waterbodies not specifically classified under § 131.35(h) are as follows:

(1) All surface waters that are tributaries to Class I waters are classified Class I, unless otherwise classified.

(2) Except for those specifically classified otherwise, all lakes with existing average concentrations less than 2000 mg/L TDS and their feeder streams on the Colville Indian Reservation are classified as Lake Class and Class I, respectively.

(3) All lakes on the Colville Indian Reservation with existing average concentrations of TDS equal to or exceeding 2000 mg/L and their feeder streams are classified as Lake Class and Class I respectively unless specifically classified otherwise.

(4) All reservoirs with a mean detention time of greater than 15 days are classified Lake Class.

(5) All reservoirs with a mean detention time of 15 days or less are classified the same as the river section in which they are located.

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

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

(8) All other waters not specifically assigned to a classification of the reservation are classified as Class II.

(h) Specific classifications. Specific classifications for surface waters of the Colville Indian Reservation are as follows:

(1) Streams: Alice CreekClass III Anderson CreekClass III Armstrong CreekClass III Barnaby CreekClass II Bear CreekClass III Beaver Dam CreekClass II Bridge CreekClass II Brush CreekClass III Buckhorn CreekClass III Cache CreekClass III Canteen CreekClass I Capoose CreekClass III Cobbs CreekClass III Columbia River from Chief Joseph Dam to Wells Dam Columbia River from northern Reservation boundary to Grand Coulee Dam (Roosevelt Lake) Columbia River from Grand Coulee Dam to Chief Joseph Dam Cook CreekClass I Cooper CreekClass III Cornstalk CreekClass III Cougar CreekClass I Coyote CreekClass II Deerhorn CreekClass III Dick CreekClass III Dry CreekClass I Empire CreekClass III Faye CreekClass I Forty Mile CreekClass III Gibson CreekClass I Gold CreekClass II Granite CreekClass II Grizzly CreekClass III Haley CreekClass III Hall CreekClass II Hall Creek, West ForkClass I Iron CreekClass III Jack CreekClass III Jerred CreekClass I Joe Moses CreekClass III John Tom CreekClass III Jones CreekClass I Kartar CreekClass III Kincaid CreekClass III King CreekClass III Klondyke CreekClass I Lime CreekClass III Little Jim CreekClass III Little NespelemClass II Louie CreekClass III Lynx CreekClass II Manila CreekClass III McAllister CreekClass III Meadow CreekClass III Mill CreekClass II Mission CreekClass III Nespelem RiverClass II Nez Perce CreekClass III Nine Mile CreekClass II Nineteen Mile CreekClass III No Name CreekClass II North Nanamkin CreekClass III North Star CreekClass III Okanogan River from Reservation north boundary to Columbia RiverClass II Olds CreekClass I Omak CreekClass II Onion CreekClass II Parmenter CreekClass III Peel CreekClass III Peter Dan CreekClass III Rock CreekClass I San Poil RiverClass I Sanpoil, River West ForkClass II Seventeen Mile CreekClass III Silver CreekClass III Sitdown CreekClass III Six Mile CreekClass III South Nanamkin CreekClass III Spring CreekClass III Stapaloop CreekClass III Stepstone CreekClass III Stranger CreekClass II Strawberry CreekClass III Swimptkin CreekClass III Three Forks CreekClass I Three Mile CreekClass III Thirteen Mile CreekClass II Thirty Mile CreekClass II Trail CreekClass III Twentyfive Mile CreekClass III Twentyone Mile CreekClass III Twentythree Mile CreekClass III Wannacot CreekClass III Wells CreekClass I Whitelaw CreekClass III Wilmont CreekClass II (2) Lakes: Apex LakeLC Big Goose LakeLC Bourgeau LakeLC Buffalo LakeLC Cody LakeLC Crawfish LakesLC Camille LakeLC Elbow LakeLC Fish LakeLC Gold LakeLC Great Western LakeLC Johnson LakeLC LaFleur LakeLC Little Goose LakeLC Little Owhi LakeLC McGinnis LakeLC Nicholas LakeLC Omak LakeSRW Owhi LakeSRW Penley LakeSRW Rebecca LakeLC Round LakeLC Simpson LakeLC Soap LakeLC Sugar LakeLC Summit LakeLC Twin LakesSRW
[54 FR 28625, July 6, 1989]

§ 131.36 -

(a) Scope. This section is not a general promulgation of the section 304(a) criteria for priority toxic pollutants but is restricted to specific pollutants in specific States.

(b)(1) EPA's Section 304(a) criteria for Priority Toxic Pollutants.

A B
Freshwater
C
Saltwater
D
Human Health
(10−6 risk for carcinogens)
For consumption of:
(#) Compound CAS Number Criterion
Maximum
Conc. d
(µg/L)
(B1)
Criterion
Continuous
Conc. d
(µg/L)
(B2)
Criterion
Maximum
Conc. d
(µg/L)
(C1)
Criterion
Continuous Conc. d
(µg/L)
(C2)
Water &
Organisms
(µg/L)
(D1)
Organisms
Only
(µg/L)
(D2)
1 Antimony744036014 a4300 a 2 Arsenic7440382360 m190 m69 m36 m0.018 abc0.14 abc 3 Beryllium7440417nn 4 Cadmium74404393.7 e1.0 e42 m9.3 mnn 5a Chromium (III)16065831550 e180 enn b Chromium (VI)1854029915 m10 m1100 m50 mnn 6 Copper744050817 e11 e2.4 m2.4 m 7 Lead743992165 e2.5 e210 m8.1 mnn 8 Mercury74399762.1 m0.012 ip1.8 m0.025 ip0.140.15 9 Nickel74400201400 e160 e74 m8.2 m610 a4600 a 10 Selenium778249220 p5 p290 m71 mnn 11 Silver74402243.4 e1.9 m 12 Thallium74402801.7 a6.3 a 13 Zinc7440666110 e100 e90 m81 m 14 Cyanide57125225.211700 a220000 aj 15 Asbestos13322147,000,000 fibers/L k 16 2,3,7,8-TCDD (Dioxin)17460160.000000013 c0.000000014 c 17 Acrolein107028320780 18 Acrylonitrile1071310.059 ac0.66 ac 19 Benzene714321.2 ac71 ac 20 Bromoform752524.3 ac360 ac 21 Carbon Tetrachloride562350.25 ac4.4 ac 22 Chlorobenzene108907680 a21000 aj 23 Chlorodibromomethane1244810.41 ac34 ac 24 Chloroethane75003 25 2-Chloroethylvinyl Ether110758 26 Chloroform676635.7 ac470 ac 27 Dichlorobromomethane752740.27 ac22 ac 28 1,1-Dichloroethane75343 29 1,2-Dichloroethane1070620.38 ac99 ac 30 1,1-Dichloroethylene753540.057 ac3.2 ac 31 1,2-Dichloropropane78875 32 1,3-Dichloropropylene54275610 a1700 a 33 Ethylbenzene1004143100 a29000 a 34 Methyl Bromide7483948 a4000 a 35 Methyl Chloride74873nn 36 Methylene Chloride750924.7 ac1600 ac 37 1,1,2,2-Tetrachloroethane793450.17 ac11 ac 38 Tetrachloroethylene1271840.8 c8.85 c 39 Toluene1088836800 a200000 a 40 1,2-Trans-Dichloroethylene156605 41 1,1,1-Trichloroethane71556nn 42 1,1,2-Trichloroethane790050.60 ac42 ac 43 Trichloroethylene790162.7 c81 c 44 Vinyl Chloride750142 c525 c 45 2-Chlorophenol95578 46 2,4-Dichlorophenol12083293 a790 aj 47 2,4-Dimethylphenol105679 48 2-Methyl-4,6-Dinitrophenol53452113.4765 49 2,4-Dinitrophenol5128570 a14000 a 50 2-Nitrophenol88755 51 4-Nitrophenol100027 52 3-Methyl-4-Chlorophenol59507 53 Pentachlorophenol8786520 f13 f137.90.28 ac8.2 acj 54 Phenol10895221000 a4600000 aj 55 2,4,6-Trichlorophenol880622.1 ac6.5 ac 56 Acenaphthene83329 57 Acenaphthylene208968 58 Anthracene1201279600 a110000 a 59 Benzidine928750.00012 ac0.00054 ac 60 Benzo(a)Anthracene565530.0028 c0.031 c 61 Benzo(a)Pyrene503280.0028 c0.031 c 62 Benzo(b)Fluoranthene2059920.0028 c0.031 c 63 Benzo(ghi)Perylene191242 64 Benzo(k)Fluoranthene2070890.0028 c0.031 c 65 Bis(2-Chloroethoxy)Methane111911 66 Bis(2-Chloroethyl)Ether1114440.031 ac1.4 ac 67 Bis(2-Chloroisopropyl)Ether1086011400 a170000 a 68 Bis(2-Ethylhexyl)Phthalate1178171.8 ac5.9 ac 69 4-Bromophenyl Phenyl Ether101553 70 Butylbenzyl Phthalate85687 71 2-Chloronaphthalene91587 72 4-Chlorophenyl Phenyl Ether7005723 73 Chrysene2180190.0028 c0.031 c 74 Dibenzo(ah)Anthracene537030.0028 c0.031 c 75 1,2-Dichlorobenzene955012700 a17000 a 76 1,3-Dichlorobenzene5417314002600 77 1,4-Dichlorobenzene1064674002600 78 3,3′-Dichlorobenzidine919410.04 ac0.077 ac 79 Diethyl Phthalate8466223000 a120000 a 80 Dimethyl Phthalate1311133130002900000 81 Di-n-Butyl Phthalate847422700 a12000 a 82 2,4-Dinitrotoluene1211420.11 c9.1 c 83 2,6-Dinitrotoluene606202 84 Di-n-Octyl Phthalate117840 85 1,2-Diphenylhydrazine1226670.040 ac0.54 ac 86 Fluoranthene206440300 a370 a 87 Fluorene867371300 a14000 a 88 Hexachlorobenzene1187410.00075 ac0.00077 ac 89 Hexachlorobutadiene876830.44 ac50 ac 90 Hexachlorocyclopentadiene77474240 a17000 aj 91 Hexachloroethane677211.9 ac8.9 ac 92 Indeno(1,2,3-cd)Pyrene1933950.0028 c0.031 c 93 Isophorone785918.4 ac600 ac 94 Naphthalene91203 95 Nitrobenzene9895317 a1900 aj 96 N-Nitrosodimethylamine627590.00069 ac8.1 ac 97 N-Nitrosodi-n-Propylamine621647 98 N-Nitrosodiphenylamine863065.0 ac16 ac 99 Phenanthrene85018 100 Pyrene129000960 a11000 a 101 1,2,4-Trichlorobenzene120821 102 Aldrin3090023 g1.3 g0.00013 ac0.00014 ac 103 alpha-BHC3198460.0039 ac0.013 ac 104 beta-BHC3198570.014 ac0.046 ac 105 gamma-BHC588992 g0.08 g0.16 g0.019 c0.063 c 106 delta-BHC319868 107 Chlordane577492.4 g0.0043 g0.09 g0.004 g0.00057 ac0.00059 ac 108 4,4′-DDT502931.1 g0.001 g0.13 g0.001 g0.00059 ac0.00059 ac 109 4,4′-DDE725590.00059 ac0.00059 ac 110 4,4′-DDD725480.00083 ac0.00084 ac 111 Dieldrin605712.5 g0.0019 g0.71 g0.0019 g0.00014 ac0.00014 ac 112 alpha-Endosulfan9599880.22 g0.056 g0.034 g0.0087 g0.93 a2.0 a 113 beta-Endosulfan332136590.22 g0.056 g0.034 g0.0087 g0.93 a2.0 a 114 Endosulfan Sulfate10310780.93 a2.0 a 115 Endrin722080.18 g0.0023 g0.037 g0.0023 g0.76 a0.81 aj 116 Endrin Aldehyde74219340.76 a0.81 aj 117 Heptachlor764480.52 g0.0038 g0.053 g0.0036 g0.00021 ac0.00021 ac 118 Heptachlor Epoxide10245730.52 g0.0038 g0.053 g0.0036 g0.00010 ac0.00011 ac 119 PCB-1242534692190.014 g0.03 g 120 PCB-1254110976910.014 g0.03 g 121 PCB-1221111042820.014 g0.03 g 122 PCB-1232111411650.014 g0.03 g 123 PCB-1248126722960.014 g0.03 g 124 PCB-1260110968250.014 g0.03 g 125a PCB-1016126741120.014 g0.03 g 125b Polychlorinated biphenyls
(PCBs)
0.00017 q0.00017 q 126 Toxaphene80013520.730.00020.210.00020.00073 ac0.00075 ac Total Number of Criteria (h) =242923278584
Footnotes

a. Criteria revised to reflect current agency q1* or RfD, as contained in the Integrated Risk Information System (IRIS). The fish tissue bioconcentration factor (BCF) from the 1980 criteria documents was retained in all cases.

b. The criteria refers to the inorganic form only.

c. Criteria in the matrix based on carcinogenicity (10−6 risk). For a risk level of 10−5, move the decimal point in the matrix value one place to the right.

d. Criteria Maximum Concentration (CMC) = the highest concentration of a pollutant to which aquatic life can be exposed for a short period of time (1-hour average) without deleterious effects. Criteria Continuous Concentration (CCC) = the highest concentration of a pollutant to which aquatic life can be exposed for an extended period of time (4 days) without deleterious effects. µg/L = micrograms per liter.

e. Freshwater aquatic life criteria for these metals are expressed as a function of total hardness (mg/L as CaCO3), the pollutant's water effect ratio (WER) as defined in § 131.36(c) and multiplied by an appropriate dissolved conversion factor as defined in § 131.36(b)(2). For comparative purposes, the values displayed in this matrix are shown as dissolved metal and correspond to a total hardness of 100 mg/L and a water effect ratio of 1.0.

f. Freshwater aquatic life criteria for pentachlorophenol are expressed as a function of pH, and are calculated as follows. Values displayed above in the matrix correspond to a pH of 7.8.

CMC = exp(1.005(pH)−4.830) CCC = exp(1.005(pH)−5.290)

g. Aquatic life criteria for these compounds were issued in 1980 utilizing the 1980 Guidelines for criteria development. The acute values shown are final acute values (FAV) which by the 1980 Guidelines are instantaneous values as contrasted with a CMC which is a one-hour average.

h. These totals simply sum the criteria in each column. For aquatic life, there are 31 priority toxic pollutants with some type of freshwater or saltwater, acute or chronic criteria. For human health, there are 85 priority toxic pollutants with either “water + fish” or “fish only” criteria. Note that these totals count chromium as one pollutant even though EPA has developed criteria based on two valence states. In the matrix, EPA has assigned numbers 5a and 5b to the criteria for chromium to reflect the fact that the list of 126 priority toxic pollutants includes only a single listing for chromium.

i. If the CCC for total mercury exceeds 0.012 µg/l more than once in a 3-year period in the ambient water, the edible portion of aquatic species of concern must be analyzed to determine whether the concentration of methyl mercury exceeds the FDA action level (1.0 mg/kg). If the FDA action level is exceeded, the State must notify the appropriate EPA Regional Administrator, initiate a revision of its mercury criterion in its water quality standards so as to protect designated uses, and take other appropriate action such as issuance of a fish consumption advisory for the affected area.

j. No criteria for protection of human health from consumption of aquatic organisms (excluding water) was presented in the 1980 criteria document or in the 1986 Quality Criteria for Water. Nevertheless, sufficient information was presented in the 1980 document to allow a calculation of a criterion, even though the results of such a calculation were not shown in the document.

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

l. [Reserved: This letter not used as a footnote.]

m. Criteria for these metals are expressed as a function of the water effect ratio, WER, as defined in 40 CFR 131.36(c).

CMC = column B1 or C1 value × WER CCC = column B2 or C2 value × WER

n. EPA is not promulgating human health criteria for this contaminant. However, permit authorities should address this contaminant in NPDES permit actions using the State's existing narrative criteria for toxics.

o. [Reserved: This letter not used as a footnote.]

p. Criterion expressed as total recoverable.

q. This criterion applies to total PCBs (e.g., the sum of all congener or isomer or homolog or Aroclor analyses).

General Notes

1. This chart lists all of EPA's priority toxic pollutants whether or not criteria recommendations are available. Blank spaces indicate the absence of criteria recommendations. Because of variations in chemical nomenclature systems, this listing of toxic pollutants does not duplicate the listing in Appendix A of 40 CFR Part 423. EPA has added the Chemical Abstracts Service (CAS) registry numbers, which provide a unique identification for each chemical.

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

3. For purposes of this rulemaking, freshwater criteria and saltwater criteria apply as specified in 40 CFR 131.36(c).

Note to paragraph (b)(1):

On April 14, 1995, the Environmental Protection Agency issued a stay of certain criteria in paragraph (b)(1) of this section as follows: the criteria in columns B and C for arsenic, cadmium, chromium (VI), copper, lead, nickel, silver, and zinc; the criteria in B1 and C1 for mercury; the criteria in column B for chromium (III); and the criteria in column C for selenium. The stay remains in effect until further notice.

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

CMC = WER exp { mA[ln(hardness)] + bA} × Acute Conversion Factor CCC = WER exp { mC[ln(hardness)] + bC} × Chronic Conversion Factor Final CMC and CCC values should be rounded to two significant figures.
Metal mAbAmCbCFreshwater conversion factors Acute Chronic Cadmium1.128-3.8280.7852-3.490a 0.944a 0.909 Chromium (III)0.81903.6880.81901.5610.3160.860 Copper0.9422-1.4640.8545-1.4650.9600.960 Lead1.273-1.4601.273-4.705a 0.791a 0.791 Nickel0.84603.36120.84601.16450.9980.997 Silver1.72-6.52b N/Ab N/A0.85b N/A Zinc0.84730.86040.84730.76140.9780.986

Note to table: The term “exp” represents the base e exponential function.

Footnotes to table:

a The freshwater conversion factors (CF) for cadmium and lead are hardness-dependent and can be calculated for any hardness [see limitations in § 131.36(c)(4)] using the following equations:

Cadmium

Acute: CF = 1.136672 - [(ln hardness)(0.041838)]

Chronic: CF = 1.101672 - [(ln hardness)(0.041838)]

Lead (Acute and Chronic): CF = 1.46203 - [(ln hardness)(0.145712)]

b No chronic criteria are available for silver.

(c) Applicability. (1) The criteria in paragraph (b) of this section apply to the States' designated uses cited in paragraph (d) of this section and supersede any criteria adopted by the State, except when State regulations contain criteria which are more stringent for a particular use in which case the State's criteria will continue to apply.

(2) The criteria established in this section are subject to the State's general rules of applicability in the same way and to the same extent as are the other numeric toxics criteria when applied to the same use classifications including mixing zones, and low flow values below which numeric standards can be exceeded in flowing fresh waters.

(i) For all waters with mixing zone regulations or implementation procedures, the criteria apply at the appropriate locations within or at the boundary of the mixing zones; otherwise the criteria apply throughout the waterbody including at the end of any discharge pipe, canal or other discharge point.

(ii) A State shall not use a low flow value below which numeric standards can be exceeded that is less stringent than the following for waters suitable for the establishment of low flow return frequencies (i.e., streams and rivers):

Aquatic LifeAcute criteria (CMC)1 Q 10 or 1 B 3 Chronic criteria (CCC)7 Q 10 or 4 B 3 Human HealthNon-carcinogens30 Q 5 CarcinogensHarmonic mean flow
Where: CMC - criteria maximum concentration - the water quality criteria to protect against acute effects in aquatic life and is the highest instream concentration of a priority toxic pollutant consisting of a one-hour average not to be exceeded more than once every three years on the average; CCC - criteria continuous concentration - the water quality criteria to protect against chronic effects in aquatic life is the highest instream concentration of a priority toxic pollutant consisting of a 4-day average not to be exceeded more than once every three years on the average; 1 Q 10 is the lowest one day flow with an average recurrence frequency of once in 10 years determined hydrologically; 1 B 3 is biologically based and indicates an allowable exceedence of once every 3 years. It is determined by EPA's computerized method (DFLOW model); 7 Q 10 is the lowest average 7 consecutive day low flow with an average recurrence frequency of once in 10 years determined hydrologically; 4 B 3 is biologically based and indicates an allowable exceedence for 4 consecutive days once every 3 years. It is determined by EPA's computerized method (DFLOW model); 30 Q 5 is the lowest average 30 consecutive day low flow with an average recurrence frequency of once in 5 years determined hydrologically; and the harmonic mean flow is a long term mean flow value calculated by dividing the number of daily flows analyzed by the sum of the reciprocals of those daily flows.

(iii) If a State does not have such a low flow value for numeric standards compliance, then none shall apply and the criteria included in paragraph (d) of this section herein apply at all flows.

(3) The aquatic life criteria in the matrix in paragraph (b) of this section apply as follows:

(i) For waters in which the salinity is equal to or less than 1 part per thousand 95% or more of the time, the applicable criteria are the freshwater criteria in Column B;

(ii) For waters in which the salinity is equal to or greater than 10 parts per thousand 95% or more of the time, the applicable criteria are the saltwater criteria in Column C; and

(iii) For waters in which the salinity is between 1 and 10 parts per thousand as defined in paragraphs (c)(3) (i) and (ii) of this section, the applicable criteria are the more stringent of the freshwater or saltwater criteria. However, the Regional Administrator may approve the use of the alternative freshwater or saltwater criteria if scientifically defensible information and data demonstrate that on a site-specific basis the biology of the waterbody is dominated by freshwater aquatic life and that freshwater criteria are more appropriate; or conversely, the biology of the waterbody is dominated by saltwater aquatic life and that saltwater criteria are more appropriate.

(4) Application of metals criteria. (i) For purposes of calculating freshwater aquatic life criteria for metals from the equations in paragraph (b)(2) of this section, the minimum hardness allowed for use in those equations shall not be less than 25 mg/l, as calcium carbonate, even if the actual ambient hardness is less than 25 mg/l as calcium carbonate. The maximum hardness value for use in those equations shall not exceed 400 mg/l as calcium carbonate, even if the actual ambient hardness is greater than 400 mg/l as calcium carbonate. The same provisions apply for calculating the metals criteria for the comparisons provided for in paragraph (c)(3)(iii) of this section.

(ii) The hardness values used shall be consistent with the design discharge conditions established in paragraph (c)(2) of this section for flows and mixing zones.

(iii) Except where otherwise noted, the criteria for metals (compounds #2, #4-# 11, and #13, in paragraph (b) of this section) are expressed as dissolved metal. For purposes of calculating aquatic life criteria for metals from the equations in footnote m. in the criteria matrix in paragraph (b)(1) of this section and the equations in paragraphs (b)(2) of this section, the water-effect ratio is computed as a specific pollutant's acute or chronic toxicity values measured in water from the site covered by the standard, divided by the respective acute or chronic toxicity value in laboratory dilution water.

(d) Criteria for Specific Jurisdictions - (1) Rhode Island, EPA Region 1. (i) All waters assigned to the following use classifications in the Water Quality Regulations for Water Pollution Control adopted under Chapters 46-12, 42-17.1, and 42-35 of the General Laws of Rhode Island are subject to the criteria in paragraph (d)(1)(ii) of this section, without exception:

6.21 Freshwater6.22 Saltwater: Class AClass SA Class BClass SB Class CClass SC

(ii) The following criteria from the matrix in paragraph (b)(1) of this section apply to the use classifications identified in paragraph (d)(1)(i) of this section:

Use classification Applicable criteria Class A
Class B waters where water supply use is designated
These classifications are assigned the criteria in Column D1 - #2, 68 Class B waters where water supply use is not designated
Class C;
Class SA;
Class SB;
Class SC
Each of these classifications is assigned the criteria in: Column D2 - #2, 68

(iii) The human health criteria shall be applied at the 10−5 risk level, consistent with the State policy. To determine appropriate value for carcinogens, see footnote c in the criteria matrix in paragraph (b)(1) of this section.

(2) Vermont, EPA Region 1. (i) All waters assigned to the following use classifications in the Vermont Water Quality Standards adopted under the authority of the Vermont Water Pollution Control Act (10 V.S.A., Chapter 47) are subject to the criteria in paragraph (d)(2)(ii) of this section, without exception:

Class A Class B Class C

(ii) The following criteria from the matrix in paragraph (b)(1) of this section apply to the use classifications identified in paragraph (d)(2)(i) of this section:

Use classification Applicable criteria 1. Classes A1, A2, B1, B2, B3These classification are assigned the criterion in:
Column B2 - #105.

(iii) The human health criteria shall be applied at the State-proposed 10−6 risk level.

(3)-(4) Reserved]

(5) District of Columbia, EPA Region 3. (i) All waters assigned to the following use classifications in chapter 11 Title 21 DCMR, Water Quality Standards of the District of Columbia are subject to the criteria in paragraph (d)(5)(ii) of this section, without exception:

1101.2 Class C waters

(ii) The following criteria from the matrix in paragraph (b)(1) of this section apply to the use classification identified in paragraph (d)(5)(i) of this section:

Use classification Applicable criteria 1. Class CThis classification is assigned the additional criteria in:
Column B2; #10, 118, 126.

(iii) The human health criteria shall be applied at the State-adopted 10−6 risk level.

(6) Florida, EPA Region 4. (i) All waters assigned to the following use classifications in Chapter 17-301 of the Florida Administrative Code (i.e., identified in Section 17-302.600) are subject to the criteria in paragraph (d)(6)(ii) of this section, without exception:

Class I Class II Class III

(ii) The following criteria from the matrix paragraph (b)(1) of this section apply to the use classifications identified in paragraph (d)(6)(i) of this section:

Use classification Applicable criteria Class IThis classification is assigned the criteria in: Column D1 - #16 Class II
Class III (marine)
This classification is assigned the criteria in: Column D2 - #16 Class III (freshwater)This classification is assigned the criteria in: Column D2 - #16

(iii) The human health criteria shall be applied at the State-adopted 10−6 risk level.

(7)-(8) [Reserved]

(9) Kansas, EPA Region 7. (i) All waters assigned to the following use classification in the Kansas Department of Health and Environment regulations, K.A.R. 28-16-28b through K.A.R. 28-16-28f, are subject to the criteria in paragraph (d)(9)(ii) of this section, without exception.

Section (2)(A) - Special Aquatic Life Use Waters Section (2)(B) - Expected Aquatic Life Use Waters Section (2)(C) - Restricted Aquatic Life Use Waters Section (3) - Domestic Water Supply. Section (4) - Food Procurement Use.

(ii) The following criteria from the matrix in paragraph (b)(1) of this section apply to the use classifications identified in paragraph (d)(9)(i) of this section:

Use classification Applicable criteria 1. Sections (2)(A), (2)(B), (2)(C), (4)These classifications are each assigned criteria as follows: i. Column B1, #2. ii. Column D2, #12, 21, 29, 39, 46, 68, 79, 81, 86, 93, 104, 114, 118. 2. Section (3)This classification is assigned all criteria in: Column D1, all except #1, 9, 12, 14, 15, 17, 22, 33, 36, 39, 44, 75, 77, 79, 90, 112, 113, and 115.

(iii) The human health criteria shall be applied at the State-adopted 10−6 risk level.

(10) California, EPA Region 9. (i) All waters assigned any aquatic life or human health use classifications in the Water Quality Control Plans for the various Basins of the State (“Basin Plans”), as amended, adopted by the California State Water Resources Control Board (“SWRCB”), except for ocean waters covered by the Water Quality Control Plan for Ocean Waters of California (“Ocean Plan”) adopted by the SWRCB with resolution Number 90-27 on March 22, 1990, are subject to the criteria in paragraph (d)(10)(ii) of this section, without exception. These criteria amend the portions of the existing State standards contained in the Basin Plans. More particularly these criteria amend water quality criteria contained in the Basin Plan Chapters specifying water quality objectives (the State equivalent of federal water quality criteria) for the toxic pollutants identified in paragraph (d)(10)(ii) of this section. Although the State has adopted several use designations for each of these waters, for purposes of this action, the specific standards to be applied in paragraph (d)(10)(ii) of this section are based on the presence in all waters of some aquatic life designation and the presence or absence of the MUN use designation (Municipal and domestic supply). (See Basin Plans for more detailed use definitions.)

(ii) The following criteria from the matrix in paragraph (b)(1) of this section apply to the water and use classifications defined in paragraph (d)(10)(i) of this section and identified below:

Water and use classification Applicable criteria Waters of the Sacramento-San Joaquin Delta within Regional Water Board 5Column C1 - polluntant 14.
Column C2 - pollutant 14.
Waters of the State defined as bays or estuaries except the Sacramento-San Joaquin Delta and San Francisco BayThese waters are assigned the criteria in: Column B1 - pollutants 5a and 14 Column B2 - pollutants 5a and 14 Column C1 - pollutant 14 Column C2 - pollutant 14 Column D2 - pollutants 1, 12, 17, 18, 21, 22, 29, 30, 32, 33, 37, 38, 42-44, 46, 48, 49, 54, 59, 66, 67, 68, 78-82, 85, 89, 90, 91, 93, 95, 96, 98 Waters of the Sacramento - San Joaquin Delta and waters of the State defined as inland (i.e., all surface waters of the State not bays or estuaries or ocean) that include a MUN use designationThese waters are assigned the criteria in:
Column B1 - pollutants 5a and 14
Column B2 - pollutants 5a and 14
Column D1 - pollutants 1, 12, 15, 17, 18, 21, 22, 29, 30, 32, 33, 37, 38, 42-48, 49, 59, 66, 67, 68, 78-82, 85, 89, 90, 91, 93, 95, 96, 98
Waters of the State defined as inland without an MUN use designationThese waters are assigned the criteria in: Column B1 - pollutants 5a and 14 Column B2 - pollutants 5a and 14 Column D2 - pollutants 1, 12, 17, 18, 21, 22, 29, 30, 32, 33, 37, 38, 42-44, 46, 48, 49, 54, 59, 66, 67, 68, 78-82, 85, 89, 90, 91, 93, 95, 96, 98 Waters of the San Joaquin River from the mouth of the Merced River to VernalisIn addition to the criteria assigned to these waters elsewhere in this rule, these waters are assigned the criteria in: Column B2 - pollutant 10 Waters of Salt Slough, Mud Slough (north) and the San Joaquin River, Sack Dam to the mouth of the Merced RiverIn addition to the criteria assigned to these waters elsewhere in this rule, these waters are assigned the criteria in: Column B1 - pollutant 10 Column B2 - pollutant 10 Waters of San Francisco Bay upstream to and including Suisun Bay and the Sacramento-San Joaquin DeltaThese waters are assigned the criteria in:
Column B1 - pollutants 5a, 10* and 14.
Column B2 - pollutants 5a, 10* and 14.
Column D2 - pollutants 1, 12, 17, 18, 21, 22, 29, 30, 32, 33, 37, 38, 42-44, 46, 48, 49, 54, 59, 66, 67, 68, 78-82, 85, 89, 90, 91, 93, 95, 96, 98.
All inland waters of the United States or enclosed bays and estuaries that are waters of the United States that include an MUN use designation and that the State has either excluded or partially excluded from coverage under its Water Quality Control Plan for Inland Surface Waters of California, Tables 1 and 2, or its Water Quality Control Plan for Enclosed Bays and Estuaries of California, Tables 1 and 2, or has deferred applicability of those tables. (Category (a), (b), and (c) waters described on page 6 of Water Quality Control Plan for Inland Surface Waters of California or page 6 of its Water Quality Control Plan for Enclosed Bays and Estuaries of California.)These waters are assigned the criteria for pollutants for which the State does not apply Table 1 or 2 standards. These criteria are:
Column B1 - all pollutants
Column B2 - all pollutants
Column D1 - all pollutants except #2
All inland waters of the United States that do not include an MUN use designation and that the State has either excluded or partially excluded from coverage under its Water Quality Control Plan for Inland Surface Waters of California, Tables 1 and 2, or has deferred applicability of these tables. (Category (a), (b), and (c) waters described on page 6 of Water Quality Control Plan for Inland Surface Waters of California.)These waters are assigned the criteria for pollutants for which the State does not apply Table 1 or 2 standards. These criteria are:
Column B1 - all pollutants
Column B2 - all pollutants
Column D2 - all pollutants except #2
All enclosed bays and estuaries that are waters of the United States that do not include an MUN designation and that the State has either excluded or partially excluded from coverage under its Water Quality Control Plan for Inland Surface Waters of California, Tables 1 and 2, or its Water Quality Control Plan for Enclosed Bays and Estuaries of California, Tables 1 and 2, or has deferred applicability of those tables. (Category (a), (b), and (c) waters described on page 6 of Water Quality Control Plan for Inland Surface Waters of California or page 6 of its Water Quality Control Plan for Enclosed Bays and Estuaries of California.)These waters are assigned the criteria for pollutants for which the State does not apply Table 1 or 2 standards. These criteria are:
Column B1 - all pollutants
Column B2 - all pollutants
Column C1 - all pollutants
Column C2 - all pollutants
Column D2 - all pollutants except #2

*The fresh water selenium criteria are included for the San Francisco Bay estuary because high levels of bioaccumulation of selenium in the estuary indicate that the salt water criteria are underprotective for San Francisco Bay.

(iii) The human health criteria shall be applied at the State-adopted 10−6 risk level.

(11) Nevada, EPA Region 9. (i) All waters assigned the use classifications in Chapter 445 of the Nevada Administrative Code (NAC), Nevada Water Pollution Control Regulations, which are referred to in paragraph (d)(11)(ii) of this section, are subject to the criteria in paragraph (d)(11)(ii) of this section, without exception. These criteria amend the existing State standards contained in the Nevada Water Pollution Control Regulations. More particularly, these criteria amend or supplement the table of numeric standards in NAC 445.1339 for the toxic pollutants identified in paragraph (d)(11)(ii) of this section.

(ii) The following criteria from matrix in paragraph (b)(1) of this section apply to the waters defined in paragraph (d)(11)(i) of this section and identified below:

Water and use classification Applicable criteria Waters that the State has included in NAC 445.1339 where Municipal or domestic supply is a designated useThese waters are assigned the criteria in:
Column B1 - pollutant #118
Column B2 - pollutant #118
Column D1 - pollutants #15, 16, 18, 19, 20, 21, 23, 26, 27, 29, 30, 34, 37, 38, 42, 43, 55, 58-62, 64, 66, 73, 74, 78, 82, 85, 87-89, 91, 92, 96, 98, 100, 103, 104, 105, 114, 116, 117, 118
Waters that the State has included in NAC 445.1339 where Municipal or domestic supply is not a designated useThese waters are assigned the criteria in:
Column B1 - pollutant #118
Column B2 - pollutant #118
Column D2 - all pollutants except #2.

(iii) The human health criteria shall be applied at the 10−5 risk level, consistent with State policy. To determine appropriate value for carcinogens, see footnote c in the criteria matrix in paragraph (b)(1) of this section.

(12) Alaska, EPA Region 10. (i) All waters assigned to the following use classifications in the Alaska Administrative Code (AAC), Chapter 18 (i.e., identified in 18 AAC 70.020) are subject to the criteria in paragraph (d)(12)(ii) of this section, without exception:

70.020.(1) (A) Fresh Water 70.020.(1) (A) Water Supply (i) Drinking, culinary, and food processing, (iii) Aquaculture; 70.020.(1) (B) Water Recreation (i) Contact recreation, (ii) Secondary recreation; 70.020.(1) (C) Growth and propagation of fish, shellfish, other aquatic life, and wildlife 70.020.(2) (A) Marine Water 70.020.(2) (A) Water Supply (i) Aquaculture, 70.020.(2) (B) Water Recreation (i) contact recreation, (ii) secondary recreation; 70.020.(2) (C) Growth and propagation of fish, shellfish, other aquatic life, and wildlife; 70.020.(2) (D) Harvesting for consumption of raw mollusks or other raw aquatic life.

(ii) The following criteria from the matrix in paragraph (b)(1) of this section apply to the use classifications identified in paragraph (d)(12)(i) of this section:

Use classification Applicable criteria (1)(A)(i)Column D1 - #s 16, 18-21, 23, 26, 27, 29, 30, 32, 37, 38, 42-44, 53, 55, 59-62, 64, 66, 68, 73, 74, 78, 82, 85, 88, 89, 91-93, 96, 98, 102-105, 107-111, 117-126. (1)(A)(iii)Column D2 - #s 14, 16, 18-21, 22, 23, 26, 27, 29, 30, 32, 37, 38, 42-44, 46, 53, 54, 55, 59-62, 64, 66, 68, 73, 74, 78, 82, 85, 88-93, 95, 96, 98, 102-105, 107-111, 115-126. (1)(B)(i), (1)(B)(ii), (1)(C)Column D2 - #s 14, 16, 18-21, 22, 23, 26, 27, 29, 30, 32, 37, 38, 42-44, 46, 53, 54, 55, 59-62, 64, 66, 68, 73, 74, 78, 82, 85, 88-93, 95, 96, 98, 102-105, 107-111, 115-126. (2)(A)(i), (2)(B)(i), and (2)(B)ii, (2)(C), (2)(D)Column D2 - #s 14, 16, 18-21, 22, 23, 26, 27, 29, 30, 32, 37, 38, 42-44, 46, 53, 54, 55, 59-62, 64, 66, 68, 73, 74, 78, 82, 85, 88-93, 95, 96, 98, 102-105, 107-111, 115-126.

(iii) The human health criteria shall be applied at the State-proposed risk level of 10−5. To determine appropriate value for carcinogens, see footnote c in the criteria matrix in paragraph (b)(1) of this section.

(13) [Reserved]

[57 FR 60910, Dec. 22, 1992] Editorial Note:For Federal Register citations affecting § 131.36, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov.

§ 131.37 - California.

(a) Additional criteria. The following criteria are applicable to waters specified in the Water Quality Control Plan for Salinity for the San Francisco Bay/Sacramento-San Joaquin Delta Estuary, adopted by the California State Water Resources Control Board in State Board Resolution No. 91-34 on May 1, 1991:

(1) Estuarine habitat criteria. (i) General rule. (A) Salinity (measured at the surface) shall not exceed 2640 micromhos/centimeter specific conductance at 25 °C (measured as a 14-day moving average) at the Confluence of the Sacramento and San Joaquin Rivers throughout the period each year from February 1 through June 30, and shall not exceed 2640 micromhos/centimeter specific conductance at 25 °C (measured as a 14-day moving average) at the specific locations noted in Table 1 near Roe Island and Chipps Island for the number of days each month in the February 1 to June 30 period computed by reference to the following formula:

Number of days required in Month X = Total number of days in Month × * (1 − 1/(1 + e K) where K = A + (B*natural logarithm of the previous month's 8-River Index); A and B are determined by reference to Table 1 for the Roe Island and Chipps Island locations; x is the calendar month in the February 1 to June 30 period; and e is the base of the natural (or Napierian) logarithm. Where the number of days computed in this equation in paragraph (a)(1)(i)(A) of this section shall be rounded to the nearest whole number of days. When the previous month's 8-River Index is less than 500,000 acre-feet, the number of days required for the current month shall be zero.

Table 1. Constants applicable to each of the monthly equations to determine monthly requirements described.

Month X Chipps Island Roe Island (if triggered) A B A B Feb11−14.36 + 2.068 Mar−105.16 + 15.943−20.79 + 2.741 Apr−47.17 + 6.441−28.73 + 3.783 May−94.93 + 13.662−54.22 + 6.571 June−81.00 + 9.961−92.584 + 10.699

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

(B) The Roe Island criteria apply at the salinity measuring station maintained by the U.S. Bureau of Reclamation at Port Chicago (km 64). The Chipps Island criteria apply at the Mallard Slough Monitoring Site, Station D-10 (RKI RSAC-075) maintained by the California Department of Water Resources. The Confluence criteria apply at the Collinsville Continuous Monitoring Station C-2 (RKI RSAC-081) maintained by the California Department of Water Resources.

(ii) Exception. The criteria at Roe Island shall be required for any given month only if the 14-day moving average salinity at Roe Island falls below 2640 micromhos/centimeter specific conductance on any of the last 14 days of the previous month.

(2) Fish migration criteria - (i) General rule - (A) Sacramento River. Measured Fish Migration criteria values for the Sacramento River shall be at least the following:

At temperatures less than below 61 °F: SRFMC = 1.35 At temperatures between 61 °F and 72 °F: SRFMC = 6.96-.092 * Fahrenheit temperature At temperatures greater than 72 °F: SRFMC = 0.34 where SRFMC is the Sacramento River Fish Migration criteria value. Temperature shall be the water temperature at release of tagged salmon smolts into the Sacramento River at Miller Park.

(B) San Joaquin River. Measured Fish Migration criteria values on the San Joaquin River shall be at least the following:

For years in which the SJVIndex is >2.5: SJFMC = (−0.012) + 0.184*SJVIndex In other years: SJFMC = 0.205 + 0.0975*SJVIndex where SJFMC is the San Joaquin River Fish Migration criteria value, and SJVIndex is the San Joaquin Valley Index in million acre feet (MAF)

(ii) Computing fish migration criteria values for Sacramento River. In order to assess fish migration criteria values for the Sacramento River, tagged fall-run salmon smolts will be released into the Sacramento River at Miller Park and captured at Chipps Island, or alternatively released at Miller Park and Port Chicago and recovered from the ocean fishery, using the methodology described in this paragraph (a)(2)(ii). An alternative methodology for computing fish migration criteria values can be used so long as the revised methodology is calibrated with the methodology described in this paragraph (a)(2)(ii) so as to maintain the validity of the relative index values. Sufficient releases shall be made each year to provide a statistically reliable verification of compliance with the criteria. These criteria will be considered attained when the sum of the differences between the measured experimental value and the stated criteria value (i.e., measured value minus stated value) for each experimental release conducted over a three year period (the current year and the previous two years) shall be greater than or equal to zero. Fish for release are to be tagged at the hatchery with coded-wire tags, and fin clipped. Approximately 50,000 to 100,000 fish of smolt size (size greater than 75 mm) are released for each survival index estimate, depending on expected mortality. As a control for the ocean recovery survival index, one or two groups per season are released at Benecia or Pt. Chicago. From each upstream release of tagged fish, fish are to be caught over a period of one to two weeks at Chipps Island. Daylight sampling at Chipps Island with a 9.1 by 7.9 m, 3.2 mm cod end, midwater trawl is begun 2 to 3 days after release. When the first fish is caught, full-time trawling 7 days a week should begin. Each day's trawling consists of ten 20 minute tows generally made against the current, and distributed equally across the channel.

(A) The Chipps Island smolt survival index is calculated as:

SSI = R ÷ MT(0.007692) where R = number of recaptures of tagged fish M = number of marked (tagged) fish released T = proportion of time sampled vs total time tagged fish were passing the site (i.e. time between first and last tagged fish recovery) Where the value 0.007692 is the proportion of the channel width fished by the trawl, and is calculated as trawl width/channel width.

(B) Recoveries of tagged fish from the ocean salmon fishery two to four years after release are also used to calculate a survival index for each release. Smolt survival indices from ocean recoveries are calculated as:

OSI = R1/M1 ÷ R2/M2 where R1 = number of tagged adults recovered from the upstream release M1 = number released upstream R2 = number of tagged adults recovered from the Port Chicago release M2 = number released at Port Chicago

(1) The number of tagged adults recovered from the ocean fishery is provided by the Pacific States Marine Fisheries Commission, which maintains a port sampling program.

(2) [Reserved]

(iii) Computing fish migration criteria values for San Joaquin River. In order to assess annual fish migration criteria values for the San Joaquin River, tagged salmon smolts will be released into the San Joaquin River at Mossdale and captured at Chipps Island, or alternatively released at Mossdale and Port Chicago and recovered from the ocean fishery, using the methodology described in paragraph (a)(2)(iii). An alternative methodology for computing fish migration criteria values can be used so long as the revised methodology is calibrated with the methodology described below so as to maintain the validity of the relative index values. Sufficient releases shall be made each year to provide a statistically reliable estimate of the SJFMC for the year. These criteria will be considered attained when the sum of the differences between the measured experimental value and the stated criteria value (i.e., measured value minus stated value) for each experimental release conducted over a three year period (the current year and the previous two years) shall be greater than or equal to zero.

(A) Fish for release are to be tagged at the hatchery with coded-wire tags, and fin clipped. Approximately 50,000 to 100,000 fish of smolt size (size greater than 75 mm) are released for each survival index estimate, depending on expected mortality. As a control for the ocean recovery survival index, one or two groups per season are released at Benicia or Pt. Chicago. From each upstream release of tagged fish, fish are to be caught over a period of one to two weeks at Chipps Island. Daylight sampling at Chipps Island with a 9.1 by 7.9 m, 3.2 mm cod end, midwater trawl is begun 2 to 3 days after release. When the first fish is caught, full-time trawling 7 days a week should begin. Each day's trawling consists of ten 20 minute tows generally made against the current, and distributed equally across the channel.

(B) The Chipps Island smolt survival index is calculated as:

SSI = R ÷ MT(0.007692) where R = number of recaptures of tagged fish M = number of marked (tagged) fish released T = proportion of time sampled vs total time tagged fish were passing the site (i.e. time between first and last tagged fish recovery) Where the value 0.007692 is the proportion of the channel width fished by the trawl, and is calculated as trawl width/channel width.

(C) Recoveries of tagged fish from the ocean salmon fishery two to four years after release are also used to calculate a survival index for each release. Smolt survival indices from ocean recoveries are calculated as:

OSI = R1/M1 ÷ R2/M2 where R1 = number of tagged adults recovered from the upstream release M1 = number released upstream R2 = number of tagged adults recovered from the Port Chicago release M2 = number released at Port Chicago

(1) The number of tagged adults recovered from the ocean fishery is provided by the Pacific States Marine Fisheries Commission, which maintains a port sampling program.

(2) [Reserved]

(3) Suisun marsh criteria. (i) Water quality conditions sufficient to support a natural gradient in species composition and wildlife habitat characteristic of a brackish marsh throughout all elevations of the tidal marshes bordering Suisun Bay shall be maintained. Water quality conditions shall be maintained so that none of the following occurs: Loss of diversity; conversion of brackish marsh to salt marsh; for animals, decreased population abundance of those species vulnerable to increased mortality and loss of habitat from increased water salinity; or for plants, significant reduction in stature or percent cover from increased water or soil salinity or other water quality parameters.

(ii) [Reserved]

(b) Revised criteria. The following criteria are applicable to state waters specified in Table 1-1, at Section (C)(3) (“Striped Bass - Salinity : 3. Prisoners Point - Spawning) of the Water Quality Control Plan for Salinity for the San Francisco Bay - Sacramento/San Joaquin Delta Estuary, adopted by the California State Water Resources Control Board in State Board Resolution No. 91-34 on May 1, 1991:

Location Sampling site Nos (I--A/RKI) Parameter Description Index type San Joaquin Valley Index Dates Values San Joaquin River at Jersey Point, San Andreas Landing, Prisoners Point, Buckley Cove, Rough and Ready Island, Brandt Bridge, Mossdale, and VernalisD15/RSAN018,
C4/RSAN032,
D29/RSAN038,
P8/RSAN056,
-/RSAN062,
C6/RSAN073,
C7/RSAN087,
C10/RSAN112
Specific
Conductance
@ 25 °C
14-day running average of mean daily for the period not more than value shown, in mmhosNot Applicable>2.5 MAFApril 1 to May 310.44 micro-mhos. San Joaquin River at Jersey Point, San Andreas Landing and Prisoners PointD15/RSAN018,
C4/RSAN032,
D29/RSAN038
Specific Conductance14-day running average of mean daily for the period not more than value shown, in mmhosNot Applicable≤2.5 MAFApril 1 to May 310.44 micro-mhos.

(c) Definitions. Terms used in paragraphs (a) and (b) of this section, shall be defined as follows:

(1) Water year. A water year is the twelve calendar months beginning October 1.

(2) 8-River Index. The flow determinations are made and are published by the California Department of Water Resources in Bulletin 120. The 8-River Index shall be computed as the sum of flows at the following stations:

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

(ii) Feather River, total inflow to Oroville Reservoir;

(iii) Yuba River at Smartville;

(iv) American River, total inflow to Folsom Reservoir;

(v) Stanislaus River, total inflow to New Melones Reservoir;

(vi) Tuolumne River, total inflow to Don Pedro Reservoir;

(vii) Merced River, total inflow to Exchequer Reservoir; and

(viii) San Joaquin River, total inflow to Millerton Lake.

(3) San Joaquin Valley Index. (i) The San Joaquin Valley Index is computed according to the following formula:

ISJ = 0.6X + 0.2Y and 0.2Z where ISJ = San Joaquin Valley Index X = Current year's April-July San Joaquin Valley unimpaired runoff Y = Current year's October-March San Joaquin Valley unimpaired runoff Z = Previous year's index in MAF, not to exceed 0.9 MAF

(ii) Measuring San Joaquin Valley unimpaired runoff. San Joaquin Valley unimpaired runoff for the current water year is a forecast of the sum of the following locations: Stanislaus River, total flow to New Melones Reservoir; Tuolumne River, total inflow to Don Pedro Reservoir; Merced River, total flow to Exchequer Reservoir; San Joaquin River, total inflow to Millerton Lake.

(4) Salinity. Salinity is the total concentration of dissolved ions in water. It shall be measured by specific conductance in accordance with the procedures set forth in 40 CFR 136.3, Table 1B, Parameter 64.

[60 FR 4707, Jan. 24, 1995]

§ 131.38 - Establishment of numeric criteria for priority toxic pollutants for the State of California.

(a) Scope. This section promulgates criteria for priority toxic pollutants in the State of California for inland surface waters and enclosed bays and estuaries. This section also contains a compliance schedule provision.

(b)(1) Criteria for Priority Toxic Pollutants in the State of California as described in the following table:

A B
Freshwater
C
Saltwater
D
Human health
(10−6 risk for carcinogens)
for consumption of:
Number compound CAS No. Criterion
maximum
conc. d
(µg/L)
B1
Criterion
continuous
conc. d
(µg/L)
B2
Criterion
maximum
conc. d
(µg/L)
C1
Criterion
continuous
conc. d
(µg/L)
C2
Water and
organisms
(µg/L)
D1
Organisms
only
(µg/L)
D2
1. Antimony7440360a s 14a t 4300 2. Arsenic b7440382i m w 340i m w 150i m 69i m 36 3. Beryllium7440417( n)( n) 4. Cadmium b7440439e i m w x 4.3e i m w 2.2i m 42i m 9.3( n)( n) 5a. Chromium (III)16065831e i m o 550e i m o 180( n)( n) 5b. Chromium (VI) b18540299i m w 16i m w 11i m 1100i m 50( n)( n) 6. Copper b7440508e i m w x 13e i m w 9.0i m 4.8i m 3.11300 7. Lead b7439921e i m z 65e i m z 2.5i m 210i m 8.1( n)( n) 8. Mercury b7439976[Reserved][Reserved][Reserved][Reserved]a 0.050a 0.051 9. Nickel b7440020e i m w 470e i m w 52i m 74i m 8.2a 610a 4600 10. Selenium b7782492p [Reserved]q 5.0i m 290i m 71( n)( n) 11. Silver b7440224e i m 3.4i m 1.912. Thallium7440280a s 1.7a t 6.3 13. Zinc b7440666e i m w x 120e i m w 120i m 90i m 81 14. Cyanide b57125o 22o 5.2rthnsp;1r 1a 700a j 220,000 15. Asbestos1332214k s 7,000,000 fibers/l 16. 2,3,7,8-TCDD (Dioxin)1746016c> 0.000000013c> 0.000000014 17. Acrolein107028s> 320t> 780 18. Acrylonitrile107131a c s 0.059a c t 0.66 19. Benzene71432a c 1.2a c 71 20. Bromoform75252a c 4.3a c 360 21. Carbon Tetrachloride56235a c s 0.25a c t 4.4 22. Chlorobenzene108907a s 680a j t 21,000 23. Chlorodibromomethane124481a c y 0.41a c 34 24. Chloroethane7500325. 2-Chloroethylvinyl Ether11075826. Chloroform67663[Reserved][Reserved] 27. Dichlorobromomethane75274a c y 0.56a c 46 28. 1,1-Dichloroethane7534329. 1,2-Dichloroethane107062a c s 0.38a c t 99 30. 1,1-Dichloroethylene75354a c s 0.057a c t 3.2 31. 1,2-Dichloropropane78875a 0.52a 39 32. 1,3-Dichloropropylene542756a s 10a t 1,700 33. Ethylbenzene100414a s 3,100a t 29,000 34. Methyl Bromide74839a 48a 4,000 35. Methyl Chloride74873( n)( n) 36. Methylene Chloride75092a c 4.7a c 1,600 37. 1,1,2,2-Tetrachloroethane79345a c s 0.17a c t 11 38. Tetrachloroethylene127184c s 0.8c t 8.85 39. Toluene108883a 6,800a 200,000 40. 1,2-Trans-Dichloroethylene156605a 700a 140,000 41. 1,1,1-Trichloroethane71556( n)( n) 42. 1,1,2-Trichloroethane79005a c s 0.60a c t 42 43. Trichloroethylene79016c s 2.7c t 81 44. Vinyl Chloride75014c s 2c t 525 45. 2-Chlorophenol95578a 120a 400 46. 2,4-Dichlorophenol120832a s 93a t 790 47. 2,4-Dimethylphenol105679a 540a 2,300 48. 2-Methyl-4,6-Dinitrophenol534521s> 13.4t> 765 49. 2,4-Dinitrophenol51285a s 70a t 14,000 50. 2-Nitrophenol8875551. 4-Nitrophenol10002752. 3-Methyl-4-Chlorophenol5950753. Pentachlorophenol87865f w 19f w 15137.9a c 0.28a c j 8.2 54. Phenol108952a 21,000a j t 4,600,000 55. 2,4,6-Trichlorophenol88062a c 2.1a c 6.5 56. Acenaphthene83329a 1,200a 2,700 57. Acenaphthylene20896858. Anthracene120127a 9,600a 110,000 59. Benzidine92875a c s 0.00012a c t 0.00054 60. Benzo(a)Anthracene56553a c 0.0044a c 0.049 61. Benzo(a)Pyrene50328a c 0.0044a c 0.049 62. Benzo(b)Fluoranthene205992a c 0.0044a c 0.049 63. Benzo(ghi)Perylene19124264. Benzo(k)Fluoranthene207089a c 0.0044a c 0.049 65. Bis(2-Chloroethoxy)Methane11191166. Bis(2-Chloroethyl)Ether111444a c s 0.031a c t 1.4 67. Bis(2-Chloroisopropyl)Ether108601a 1,400a t 170,000 68. Bis(2-Ethylhexyl)Phthalate117817a c s 1.8a c t 5.9 69. 4-Bromophenyl Phenyl Ether10155370. Butylbenzyl Phthalate85687a 3,000a 5,200 71. 2-Chloronaphthalene91587a 1,700a 4,300 72. 4-Chlorophenyl Phenyl Ether700572373. Chrysene218019a c 0.0044a c 0.049 74. Dibenzo(a,h)Anthracene53703a c 0.0044a c 0.049 75. 1,2 Dichlorobenzene95501a 2,700a 17,000 76. 1,3 Dichlorobenzene5417314002,600 77. 1,4 Dichlorobenzene1064674002,600 78. 3,3′-Dichlorobenzidine91941a c s 0.04a c t 0.077 79. Diethyl Phthalate84662a s 23,000a t 120,000 80. Dimethyl Phthalate131113s> 313,000t> 2,900,000 81. Di-n-Butyl Phthalate84742a s 2,700a t 12,000 82. 2,4-Dinitrotoluene121142c s 0.11c t 9.1 83. 2,6-Dinitrotoluene60620284. Di-n-Octyl Phthalate11784085. 1,2-Diphenylhydrazine122667a c s 0.040a c t 0.54 86. Fluoranthene206440a 300a 370 87. Fluorene86737a 1,300a 14,000 88. Hexachlorobenzene118741a c 0.00075a c 0.00077 89. Hexachlorobutadiene87683a c s 0.44a c t 50 90. Hexachlorocyclopentadiene77474a s 240a j t 17,000 91. Hexachloroethane67721a c s 1.9a c t 8.9 92. Indeno(1,2,3-cd) Pyrene193395a c 0.0044a c 0.049 93. Isophorone78591c s 8.4c t 600 94. Naphthalene9120395. Nitrobenzene98953a s 17a j t 1,900 96. N-Nitrosodimethylamine62759a c s 0.00069a c t 8.1 97. N-Nitrosodi-n-Propylamine621647a 0.005a 1.4 98. N-Nitrosodiphenylamine86306a c s 5.0a c t 16 99. Phenanthrene85018100. Pyrene129000a 960a 11,000 101. 1,2,4-Trichlorobenzene120821102. Aldrin309002g> 3g> 1.3a c 0.00013a c 0.00014 103. alpha-BHC319846a c 0.0039a c 0.013 104. beta-BHC319857a c 0.014a c 0.046 105. gamma-BHC58899w> 0.95g> 0.16c> 0.019c> 0.063 106. delta-BHC319868107. Chlordane57749g> 2.4g> 0.0043g> 0.09g> 0.004a c 0.00057a c 0.00059 108. 4,4′-DDT50293g> 1.1g> 0.001g> 0.13g> 0.001a c 0.00059a c 0.00059 109. 4,4′-DDE72559a c 0.00059a c 0.00059 110. 4,4′-DDD72548a c 0.00083a c 0.00084 111. Dieldrin60571w> 0.24w> 0.056g> 0.71g> 0.0019a c 0.00014a c 0.00014 112. alpha-Endosulfan959988g> 0.22g> 0.056g> 0.034g> 0.0087a 110a 240 113. beta-Endosulfan33213659g> 0.22g> 0.056g> 0.034g> 0.0087a 110a 240 114. Endosulfan Sulfate1031078a 110a 240 115. Endrin72208w> 0.086w> 0.036g> 0.037g> 0.0023a 0.76a j 0.81 116. Endrin Aldehyde7421934a 0.76a j 0.81 117. Heptachlor76448g> 0.52g> 0.0038g> 0.053g> 0.0036a c 0.00021a c 0.00021 118. Heptachlor Epoxide1024573g> 0.52g> 0.0038g> 0.053g> 0.0036a c 0.00010a c 0.00011 119-125. Polychlorinated biphenyls (PCBs)ur> 0.014ur> 0.03c v 0.00017c v 0.00017 126. Toxaphene80013520.730.00020.210.0002a c 0.00073a c 0.00075 Total Number of Criteria hr>222122209290

Footnotes to Table in Paragraph (b)(1):

a Criteria revised to reflect the Agency q1* or RfD, as contained in the Integrated Risk Information System (IRIS) as of October 1, 1996. The fish tissue bioconcentration factor (BCF) from the 1980 documents was retained in each case.

b Criteria apply to California waters except for those waters subject to objectives in Tables III-2A and III-2B of the San Francisco Regional Water Quality Control Board's (SFRWQCB) 1986 Basin Plan that were adopted by the SFRWQCB and the State Water Resources Control Board, approved by the EPA, and which continue to apply. For copper and nickel, criteria apply to California waters except for waters south of Dumbarton Bridge in San Francisco Bay that are subject to the objectives in the SFRWQCB's Basin Plan as amended by SFRWQCB Resolution R2-2002-0061, dated May 22, 2002, and approved by the State Water Resources Control Board. The EPA approved the aquatic life site-specific objectives on January 21, 2003. The copper and nickel aquatic life site-specific objectives contained in the amended Basin Plan apply instead.

c Criteria are based on carcinogenicity of 10 (−6) risk.

d Criteria Maximum Concentration (CMC) equals the highest concentration of a pollutant to which aquatic life can be exposed for a short period of time without deleterious effects. Criteria Continuous Concentration (CCC) equals the highest concentration of a pollutant to which aquatic life can be exposed for an extended period of time (4 days) without deleterious effects. µg/L equals micrograms per liter.

e Freshwater aquatic life criteria for metals are expressed as a function of total hardness (mg/L) in the water body. The equations are provided in matrix at paragraph (b)(2) of this section. Values displayed above in the matrix correspond to a total hardness of 100 mg/l.

f Freshwater aquatic life criteria for pentachlorophenol are expressed as a function of pH, and are calculated as follows: Values displayed above in the matrix correspond to a pH of 7.8. CMC = exp(1.005(pH)−4.869). CCC = exp(1.005(pH)−5.134).

g This criterion is based on Clean Water Act (CWA) 304(a) aquatic life criterion issued in 1980, and was issued in one of the following documents: Aldrin/Dieldrin (EPA 440/5-80-019), Chlordane (EPA 440/5-80-027), DDT (EPA 440/5-80-038), Endosulfan (EPA 440/5-80-046), Endrin (EPA 440/5-80-047), Heptachlor (440/5-80-052), Hexachlorocyclohexane (EPA 440/5-80-054), Silver (EPA 440/5-80-071). The Minimum Data Requirements and derivation procedures were different in the 1980 Guidelines than in the 1985 Guidelines. For example, a “CMC” derived using the 1980 Guidelines was derived to be used as an instantaneous maximum. If assessment is to be done using an averaging period, the values given should be divided by 2 to obtain a value that is more comparable to a CMC derived using the 1985 Guidelines.

h These totals simply sum the criteria in each column. For aquatic life, there are 23 priority toxic pollutants with some type of freshwater or saltwater, acute or chronic criteria. For human health, there are 92 priority toxic pollutants with either “water + organism” or “organism only” criteria. Note that these totals count chromium as one pollutant even though the EPA has developed criteria based on two valence states. In the matrix, the EPA has assigned numbers 5a and 5b to the criteria for chromium to reflect the fact that the list of 126 priority pollutants includes only a single listing for chromium.

i Criteria for these metals are expressed as a function of the water-effect ratio, WER, as defined in paragraph (c) of this section. CMC = column B1 or C1 value × WER; CCC = column B2 or C2 value × WER.

j No criterion for protection of human health from consumption of aquatic organisms (excluding water) was presented in the 1980 criteria document or in the 1986 Quality Criteria for Water. Nevertheless, sufficient information was presented in the 1980 document to allow a calculation of a criterion, even though the results of such a calculation were not shown in the document.

k The CWA 304(a) criterion for asbestos is the MCL.

l [Reserved].

m These freshwater and saltwater criteria for metals are expressed in terms of the dissolved fraction of the metal in the water column. Criterion values were calculated by using the EPA's Clean Water Act 304(a) guidance values (described in the total recoverable fraction) and then applying the conversion factors in § 131.36(b)(1) and (2).

n The EPA is not promulgating human health criteria for these contaminants. However, permit authorities should address these contaminants in NPDES permit actions using the State's existing narrative criteria for toxics.

o These criteria were promulgated for specific waters in California in the National Toxics Rule (“Nspan”), at § 131.36. The specific waters to which the Nspan criteria apply include: Waters of the State defined as bays or estuaries and waters of the State defined as inland, i.e., all surface waters of the State not ocean waters. These waters specifically include the San Francisco Bay upstream to and including Suisun Bay and the Sacramento-San Joaquin Delta. This section does not apply instead of the Nspan for this criterion.

p A criterion of 20 µg/l was promulgated for specific waters in California in the Nspan and was promulgated in the total recoverable form. The specific waters to which the Nspan criterion applies include: Waters of the San Francisco Bay upstream to and including Suisun Bay and the Sacramento-San Joaquin Delta; and waters of Salt Slough, Mud Slough (north) and the San Joaquin River, Sack Dam to the mouth of the Merced River. This section does not apply instead of the Nspan for this criterion. The State of California adopted and the EPA approved a site specific criterion for the San Joaquin River, mouth of Merced to Vernalis; therefore, this section does not apply to these waters.

q This criterion is expressed in the total recoverable form. This criterion was promulgated for specific waters in California in the Nspan and was promulgated in the total recoverable form. The specific waters to which the Nspan criterion applies include: Waters of the San Francisco Bay upstream to and including Suisun Bay and the Sacramento-San Joaquin Delta; and waters of Salt Slough, Mud Slough (north) and the San Joaquin River, Sack Dam to Vernalis. This criterion does not apply instead of the Nspan for these waters. This criterion applies to additional waters of the United States in the State of California pursuant to paragraph (c) of this section. The State of California adopted and the EPA approved a site-specific criterion for the Grassland Water District, San Luis National Wildlife Refuge, and the Los Banos State Wildlife Refuge; therefore, this criterion does not apply to these waters.

r These criteria were promulgated for specific waters in California in the Nspan. The specific waters to which the Nspan criteria apply include: Waters of the State defined as bays or estuaries including the Sacramento-San Joaquin Delta within California Regional Water Board 5, but excluding the San Francisco Bay. This section does not apply instead of the Nspan for these criteria.

s These criteria were promulgated for specific waters in California in the Nspan. The specific waters to which the Nspan criteria apply include: Waters of the Sacramento-San Joaquin Delta and waters of the State defined as inland (i.e., all surface waters of the State not bays or estuaries or ocean) that include a MUN use designation. This section does not apply instead of the Nspan for these criteria.

t These criteria were promulgated for specific waters in California in the Nspan. The specific waters to which the Nspan criteria apply include: Waters of the State defined as bays and estuaries including San Francisco Bay upstream to and including Suisun Bay and the Sacramento-San Joaquin Delta; and waters of the State defined as inland (i.e., all surface waters of the State not bays or estuaries or ocean) without a MUN use designation. This section does not apply instead of the Nspan for these criteria.

u PCBs are a class of chemicals which include aroclors 1242, 1254, 1221, 1232, 1248, 1260, and 1016, CAS numbers 53469219, 11097691, 11104282, 11141165, 12672296, 11096825, and 12674112, respectively. The aquatic life criteria apply to the sum of this set of seven aroclors.

v This criterion applies to total PCBs, e.g., the sum of all congener or isomer or homolog or aroclor analyses.

w This criterion has been recalculated pursuant to the 1995 Updates: Water Quality Criteria Documents for the Protection of Aquatic Life in Ambient Water, Office of Water, EPA-820-B-96-001, September 1996. See also Great Lakes Water Quality Initiative Criteria Documents for the Protection of Aquatic Life in Ambient Water, Office of Water, EPA-80-B-95-004, March 1995.

x The State of California has adopted and the EPA has approved site specific criteria for the Sacramento River (and tributaries) above Hamilton City; therefore, these criteria do not apply to these waters.

y The State of California adopted and the EPA approved a site-specific criterion for New Alamo Creek from Old Alamo Creek to Ulatis Creek and for Ulatis Creek from Alamo Creek to Cache Slough; therefore, this criterion does not apply to these waters.

z The State of California adopted and the EPA approved a site-specific criterion for the Los Angeles River and its tributaries; therefore, this criterion does not apply to these waters.

General Notes To Table In Paragraph (b)(1)

1. The table in this paragraph (b)(1) lists all of the EPA's priority toxic pollutants whether or not criteria guidance are available. Blank spaces indicate the absence of national section 304(a) criteria guidance. Because of variations in chemical nomenclature systems, this listing of toxic pollutants does not duplicate the listing in appendix A to 40 CFR part 423 - 126 Priority Pollutants. The EPA has added the Chemical Abstracts Service (CAS) registry numbers, which provide a unique identification for each chemical.

2. The following chemicals have organoleptic-based criteria recommendations that are not included on this chart: zinc, 3-methyl-4-chlorophenol.

3. Freshwater and saltwater aquatic life criteria apply as specified in paragraph (c)(3) of this section.

(2) Factors for Calculating Metals Criteria. Final CMC and CCC values should be rounded to two significant figures.

(i) CMC = WER × (Acute Conversion Factor) × (exp{mA[1n (hardness)] + bA}) (ii) CCC = WER × (Chronic Conversion Factor) × (exp{mC[ln(hardness)] + bC}) (iii) Table 1 to paragraph (b)(2) of this section:
Metal mAbAmCbCCadmium1.128−3.68670.7852−2.715 Copper0.9422−1.7000.8545−1.702 Chromium (III)0.81903.6880.81901.561 Lead1.273−1.4601.273−4.705 Nickel0.84602.2550.84600.0584 Silver1.72−6.52 Zinc0.84730.8840.84730.884

Note to Table 1: The term “exp” represents the base e exponential function.

(iv) Table 2 to paragraph (b)(2) of this section:

Metal Conversion factor (CF) for freshwater acute criteria CF for freshwater chronic criteria CF for saltwater acute criteria CF a for saltwater chronic criteria Antimony( d)( d)( d)( d) Arsenic1.0001.0001.0001.000 Beryllium( d)( d)( d)( d) Cadmiumb 0.944b 0.9090.9940.994 Chromium (III)0.3160.860( d)( d) Chromium (VI)0.9820.9620.9930.993 Copper0.9600.9600.830.83 Leadb 0.791b 0.7910.9510.951 MercuryNickel0.9980.9970.9900.990 Selenium( c)0.9980.998 Silver0.85( d)0.85( d) Thallium( d)( d)( d)( d) Zinc0.9780.9860.9460.946

Footnotes to table 2 of paragraph( b)(2):

a Conversion Factors for chronic marine criteria are not currently available. Conversion Factors for acute marine criteria have been used for both acute and chronic marine criteria.

b Conversion Factors for these pollutants in freshwater are hardness dependent. CFs are based on a hardness of 100 mg/l as calcium carbonate (CaCO3). Other hardness can be used; CFs should be recalculated using the equations in table 3 to paragraph (b)(2) of this section.

c Bioaccumulative compound and inappropriate to adjust to percent dissolved.

d EPA has not published an aquatic life criterion value.

Note to table 2 of paragraph (b)(2):

The term “Conversion Factor” represents the recommended conversion factor for converting a metal criterion expressed as the total recoverable fraction in the water column to a criterion expressed as the dissolved fraction in the water column. See “Office of Water Policy and Technical Guidance on Interpretation and Implementation of Aquatic Life Metals Criteria”, October 1, 1993, by Martha G. Prothro, Acting Assistant Administrator for Water available from Water Resource Center, USEPA, Mailcode RC4100, M Street SW, Washington, DC 20460 and the note to § 131.36(b)(1).

(v) Table 3 to paragraph (b)(2) of this section:

Acute Chronic CadmiumCF = 1.136672 - [(ln {hardness}) (0.041838)]CF = 1.101672 - [(ln {hardness})(0.041838)] LeadCF = 1.46203 - [(ln {hardness})(0.145712)]CF = 1.46203 - [(ln {hardness})(0.145712)]

(c) Applicability. (1) The criteria in paragraph (b) of this section apply to the State's designated uses cited in paragraph (d) of this section and apply concurrently with any criteria adopted by the State, except when State regulations contain criteria which are more stringent for a particular parameter and use, or except as provided in footnotes p, q, and x to the table in paragraph (b)(1) of this section.

(2) The criteria established in this section are subject to the State's general rules of applicability in the same way and to the same extent as are other Federally-adopted and State-adopted numeric toxics criteria when applied to the same use classifications including mixing zones, and low flow values below which numeric standards can be exceeded in flowing fresh waters.

(i) For all waters with mixing zone regulations or implementation procedures, the criteria apply at the appropriate locations within or at the boundary of the mixing zones; otherwise the criteria apply throughout the water body including at the point of discharge into the water body.

(ii) The State shall not use a low flow value below which numeric standards can be exceeded that is less stringent than the flows in Table 4 to paragraph (c)(2) of this section for streams and rivers.

(iii) Table 4 to paragraph (c)(2) of this section:

Criteria Design flow Aquatic Life Acute Criteria (CMC)1 Q 10 or 1 B 3 Aquatic Life Chronic Criteria (CCC)7 Q 10 or 4 B 3 Human Health CriteriaHarmonic Mean Flow
Note to table 4 of paragraph (c)(2):

1. CMC (Criteria Maximum Concentration) is the water quality criteria to protect against acute effects in aquatic life and is the highest instream concentration of a priority toxic pollutant consisting of a short-term average not to be exceeded more than once every three years on the average.

2. CCC (Continuous Criteria Concentration) is the water quality criteria to protect against chronic effects in aquatic life and is the highest in stream concentration of a priority toxic pollutant consisting of a 4-day average not to be exceeded more than once every three years on the average.

3. 1 Q 10 is the lowest one day flow with an average recurrence frequency of once in 10 years determined hydrologically.

4. 1 B 3 is biologically based and indicates an allowable exceedence of once every 3 years. It is determined by EPA's computerized method (DFLOW model).

5. 7 Q 10 is the lowest average 7 consecutive day low flow with an average recurrence frequency of once in 10 years determined hydrologically.

6. 4 B 3 is biologically based and indicates an allowable exceedence for 4 consecutive days once every 3 years. It is determined by EPA's computerized method (DFLOW model).

(iv) If the State does not have such a low flow value below which numeric standards do not apply, then the criteria included in paragraph (d) of this section apply at all flows.

(v) If the CMC short-term averaging period, the CCC four-day averaging period, or once in three-year frequency is inappropriate for a criterion or the site to which a criterion applies, the State may apply to EPA for approval of an alternative averaging period, frequency, and related design flow. The State must submit to EPA the bases for any alternative averaging period, frequency, and related design flow. Before approving any change, EPA will publish for public comment, a document proposing the change.

(3) The freshwater and saltwater aquatic life criteria in the matrix in paragraph (b)(1) of this section apply as follows:

(i) For waters in which the salinity is equal to or less than 1 part per thousand 95% or more of the time, the applicable criteria are the freshwater criteria in Column B;

(ii) For waters in which the salinity is equal to or greater than 10 parts per thousand 95% or more of the time, the applicable criteria are the saltwater criteria in Column C except for selenium in the San Francisco Bay estuary where the applicable criteria are the freshwater criteria in Column B (refer to footnotes p and q to the table in paragraph (b)(1) of this section); and

(iii) For waters in which the salinity is between 1 and 10 parts per thousand as defined in paragraphs (c)(3)(i) and (ii) of this section, the applicable criteria are the more stringent of the freshwater or saltwater criteria. However, the Regional Administrator may approve the use of the alternative freshwater or saltwater criteria if scientifically defensible information and data demonstrate that on a site-specific basis the biology of the water body is dominated by freshwater aquatic life and that freshwater criteria are more appropriate; or conversely, the biology of the water body is dominated by saltwater aquatic life and that saltwater criteria are more appropriate. Before approving any change, EPA will publish for public comment a document proposing the change.

(4) Application of metals criteria. (i) For purposes of calculating freshwater aquatic life criteria for metals from the equations in paragraph (b)(2) of this section, for waters with a hardness of 400 mg/l or less as calcium carbonate, the actual ambient hardness of the surface water shall be used in those equations. For waters with a hardness of over 400 mg/l as calcium carbonate, a hardness of 400 mg/l as calcium carbonate shall be used with a default Water-Effect Ratio (WER) of 1, or the actual hardness of the ambient surface water shall be used with a WER. The same provisions apply for calculating the metals criteria for the comparisons provided for in paragraph (c)(3)(iii) of this section.

(ii) The hardness values used shall be consistent with the design discharge conditions established in paragraph (c)(2) of this section for design flows and mixing zones.

(iii) The criteria for metals (compounds #1 - #13 in the table in paragraph (b)(1) of this section) are expressed as dissolved except where otherwise noted. For purposes of calculating aquatic life criteria for metals from the equations in footnote i to the table in paragraph (b)(1) of this section and the equations in paragraph (b)(2) of this section, the water effect ratio is generally computed as a specific pollutant's acute or chronic toxicity value measured in water from the site covered by the standard, divided by the respective acute or chronic toxicity value in laboratory dilution water. To use a water effect ratio other than the default of 1, the WER must be determined as set forth in Interim Guidance on Determination and Use of Water Effect Ratios, U.S. EPA Office of Water, EPA-823-B-94-001, February 1994, or alternatively, other scientifically defensible methods adopted by the State as part of its water quality standards program and approved by EPA. For calculation of criteria using site-specific values for both the hardness and the water effect ratio, the hardness used in the equations in paragraph (b)(2) of this section must be determined as required in paragraph (c)(4)(ii) of this section. Water hardness must be calculated from the measured calcium and magnesium ions present, and the ratio of calcium to magnesium should be approximately the same in standard laboratory toxicity testing water as in the site water.

(d)(1) Except as specified in paragraph (d)(3) of this section, all waters assigned any aquatic life or human health use classifications in the Water Quality Control Plans for the various Basins of the State (“Basin Plans”) adopted by the California State Water Resources Control Board (“SWRCB”), except for ocean waters covered by the Water Quality Control Plan for Ocean Waters of California (“Ocean Plan”) adopted by the SWRCB with resolution Number 90-27 on March 22, 1990, are subject to the criteria in paragraph (d)(2) of this section, without exception. These criteria apply to waters identified in the Basin Plans. More particularly, these criteria apply to waters identified in the Basin Plan chapters designating beneficial uses for waters within the region. Although the State has adopted several use designations for each of these waters, for purposes of this action, the specific standards to be applied in paragraph (d)(2) of this section are based on the presence in all waters of some aquatic life designation and the presence or absence of the MUN use designation (municipal and domestic supply). (See Basin Plans for more detailed use definitions.)

(2) The criteria from the table in paragraph (b)(1) of this section apply to the water and use classifications defined in paragraph (d)(1) of this section as follows:

Water and use classification Applicable criteria (i) All inland waters of the United States or enclosed bays and estuaries that are waters of the United States that include a MUN use designation(A) Columns B1 and B2 - all pollutants
(B) Columns C1 and C2 - all pollutants
(C) Column D1 - all pollutants
(ii) All inland waters of the United States or enclosed bays and estuaries that are waters of the United States that do not include a MUN use designation(A) Columns B1 and B2 - all pollutants
(B) Columns C1 and C2 - all pollutants
(C) Column D2 - all pollutants

(3) Nothing in this section is intended to apply instead of specific criteria, including specific criteria for the San Francisco Bay estuary, promulgated for California in the National Toxics Rule at § 131.36.

(4) The human health criteria shall be applied at the State-adopted 10 (−6) risk level.

(5) Nothing in this section applies to waters located in Indian Country.

(e) Schedules of compliance. (1) It is presumed that new and existing point source dischargers will promptly comply with any new or more restrictive water quality-based effluent limitations (“WQBELs”) based on the water quality criteria set forth in this section.

(2) When a permit issued on or after May 18, 2000 to a new discharger contains a WQBEL based on water quality criteria set forth in paragraph (b) of this section, the permittee shall comply with such WQBEL upon the commencement of the discharge. A new discharger is defined as any building, structure, facility, or installation from which there is or may be a “discharge of pollutants” (as defined in 40 CFR 122.2) to the State of California's inland surface waters or enclosed bays and estuaries, the construction of which commences after May 18, 2000.

(3) Where an existing discharger reasonably believes that it will be infeasible to promptly comply with a new or more restrictive WQBEL based on the water quality criteria set forth in this section, the discharger may request approval from the permit issuing authority for a schedule of compliance.

(4) A compliance schedule shall require compliance with WQBELs based on water quality criteria set forth in paragraph (b) of this section as soon as possible, taking into account the dischargers' technical ability to achieve compliance with such WQBEL.

(5) If the schedule of compliance exceeds one year from the date of permit issuance, reissuance or modification, the schedule shall set forth interim requirements and dates for their achievement. The dates of completion between each requirement may not exceed one year. If the time necessary for completion of any requirement is more than one year and is not readily divisible into stages for completion, the permit shall require, at a minimum, specified dates for annual submission of progress reports on the status of interim requirements.

(6) In no event shall the permit issuing authority approve a schedule of compliance for a point source discharge which exceeds five years from the date of permit issuance, reissuance, or modification, whichever is sooner. Where shorter schedules of compliance are prescribed or schedules of compliance are prohibited by law, those provisions shall govern.

(7) If a schedule of compliance exceeds the term of a permit, interim permit limits effective during the permit shall be included in the permit and addressed in the permit's fact sheet or statement of basis. The administrative record for the permit shall reflect final permit limits and final compliance dates. Final compliance dates for final permit limits, which do not occur during the term of the permit, must occur within five years from the date of issuance, reissuance or modification of the permit which initiates the compliance schedule. Where shorter schedules of compliance are prescribed or schedules of compliance are prohibited by law, those provisions shall govern.

(8) The provisions in this paragraph (e), Schedules of compliance, shall expire on May 18, 2005.

[65 FR 31711, May 18, 2000, as amended at 66 FR 9961, Feb. 13, 2001; 68 FR 62747, Nov. 6, 2003; 78 FR 20255, Apr. 4, 2013; 83 FR 52166, Oct. 16, 2018]

§ 131.40 - Puerto Rico

(a) Use designations for marine waters. In addition to the Commonwealth's adopted use designations, the following waterbodies in Puerto Rico have the beneficial use designated in this paragraph (a) within the bays specified below, and within the Commonwealth's territorial seas, as defined in section 502(8) of the Clean Water Act, and 33 CFR 2.05-5, except such waters classified by the Commonwealth as SB.

Waterbody segment From To Designated use Coastal Waters500m offshore3 miles offshorePrimary Contact Recreation. Guayanilla & Tallaboa BaysCayo PargueraPunta VerracoPrimary Contact Recreation. Mayaguez BayPunta GuanajiboPunta AlgarroboPrimary Contact Recreation. Ponce PortPunta CareneroPunta CucharaPrimary Contact Recreation. San Juan Portmouth of Río BayamónPunta El MorroPrimary Contact Recreation. Yabucoa PortPunta IcacosPunta YeguasPrimary Contact Recreation.

(b) Criteria that apply to Puerto Rico's marine waters. In addition to all other Commonwealth criteria, the following criteria for bacteria apply to the waterbodies in paragraph (a) of this section:

Bacteria: The fecal coliform geometric mean of a series of representative samples (at least five samples) of the waters taken sequentially shall not exceed 200 colonies/100 ml, and not more than 20 percent of the samples shall exceed 400 colonies/100 ml. The enterococci density in terms of geometric mean of at least five representative samples taken sequentially shall not exceed 35/100 ml. No single sample should exceed the upper confidence limit of 75% using 0.7 as the log standard deviation until sufficient site data exist to establish a site-specific log standard deviation.

(c) Water quality standard variances. The Regional Administrator, EPA Region 2, is authorized to grant variances from the water quality standards in paragraphs (a) and (b) of this section where the requirements of § 131.14 are met.

[69 FR 3524, Jan. 26, 2004, as amended at 80 FR 51050, Aug. 21, 2015]

§ 131.41 - Bacteriological criteria for those states not complying with Clean Water Act section 303(i)(1)(A).

(a) Scope. This section is a promulgation of the Clean Water Act section 304(a) criteria for bacteria for coastal recreation waters in specific States. It is not a general promulgation of the Clean Water Act section 304(a) criteria for bacteria. This section also contains a compliance schedule provision.

(b) Definitions. (1) Coastal Recreation Waters are the Great Lakes and marine coastal waters (including coastal estuaries) that are designated under section 303(c) of the Clean Water Act for use for swimming, bathing, surfing, or similar water contact activities. Coastal recreation waters do not include inland waters or waters upstream from the mouth of a river or stream having an unimpaired natural connection with the open sea.

(2) Designated bathing beach waters are those coastal recreation waters that, during the recreation season, are heavily-used (based upon an evaluation of use within the State) and may have: a lifeguard, bathhouse facilities, or public parking for beach access. States may include any other waters in this category even if the waters do not meet these criteria.

(3) Moderate use coastal recreation waters are those coastal recreation waters that are not designated bathing beach waters but typically, during the recreation season, are used by at least half of the number of people as at typical designated bathing beach waters within the State. States may also include light use or infrequent use coastal recreation waters in this category.

(4) Light use coastal recreation waters are those coastal recreation waters that are not designated bathing beach waters but typically, during the recreation season, are used by less than half of the number of people as at typical designated bathing beach waters within the State, but are more than infrequently used. States may also include infrequent use coastal recreation waters in this category.

(5) Infrequent use coastal recreation waters are those coastal recreation waters that are rarely or occasionally used.

(6) New pathogen discharger for the purposes of this section means any building, structure, facility, or installation from which there is or may be a discharge of pathogens, the construction of which commenced on or after December 16, 2004. It does not include relocation of existing combined sewer overflow outfalls.

(7) Existing pathogen discharger for the purposes of this section means any discharger that is not a new pathogen discharger.

(c) EPA's section 304(a) ambient water quality criteria for bacteria. (1) Freshwaters:

A
Indicator d
B
Geometric mean
C
Single sample maximum
(per 100 ml)
C1
Designated bathing beach
(75% confidence level)
C2
Moderate use costal recreation waters
(82% confidence level)
C3
Light use coastal recreation waters
(90% confidence level)
C4
Infrequent use coastal recreation waters
(95% confidence level)
E. coli e126/100 mil ab 235b 298b 409b 575 Enterococci e33/100 ml cb 61b 78b 107b 151

Footnotes to table in paragraph (c)(1):

a. This value is for use with analytical methods 1103.1, 1603, or 1604 or any equivalent method that measures viable bacteria.

b. Calculated using the following: single sample maximum = geometric mean * 10 + (confidence level factor * log standard deviation), where the confidence level factor is: 75%: 0.68; 82%: 0.94; 90%: 1.28; 95%: 1.65. The log standard deviation from EPA's epidemiological studies is 0.4.

c. This value is for use with analytical methods 1106.1 or 1600 or any equivalent method that measures viable bacteria.

d. The State may determine which of these indicators applies to its freshwater coastal recreation waters. Until a State makes that determination, E. coli will be the applicable indicator.

e. These values apply to E. coli or enterococci regardless of origin unless a sanitary survey shows that sources of the indicator bacteria are non-human and an epidemiological study shows that the indicator densities are not indicative of a human health risk.

(2) Marine waters:

A
Indicator
B
Geometric mean
C
Single sample maximum
(per 100 ml)
C1
Designated bathing beach
(75% confidence level)
C2
Moderate use coastal recreation waters
(82% confidence level)
C3
Light use coastal recreation waters
(90% confidence level)
C4
Infrequent use coastal recreation waters
(95% confidence level)
Enterococci c35/100 ml ab 104b 158b 276b 501

Footnotes to table in paragraph (c)(2):

a. This value is for use with analytical methods 1106.1 or 1600 or any equivalent method that measures viable bacteria.

b. Calculated using the following: single sample maximum = geometric mean * 10 + (confidence level factor * log standard deviation), where the confidence level factor is: 75%: 0.68; 82%: 0.94; 90%: 1.28; 95%: 1.65. The log standard deviation from EPA's epidemiological studies is 0.7.

c. These values apply to enterococci regardless of origin unless a sanitary survey shows that sources of the indicator bacteria are non-human and an epidemiological study shows that the indicator densities are not indicative of a human health risk.

(3) As an alternative to the single sample maximum in paragraph (c)(1) or (c)(2) of this section, States may use a site-specific log standard deviation to calculate a single sample maximum for individual coastal recreation waters, but must use at least 30 samples from a single recreation season to do so.

(d) Applicability. (1) The criteria in paragraph (c) of this section apply to the coastal recreation waters of the States identified in paragraph (e) of this section and apply concurrently with any ambient recreational water criteria adopted by the State, except for those coastal recreation waters where State regulations determined by EPA to meet the requirements of Clean Water Act section 303(i) apply, in which case the State's criteria for those coastal recreation waters will apply and not the criteria in paragraph (c) of this section.

(2) The criteria established in this section are subject to the State's general rules of applicability in the same way and to the same extent as are other Federally-adopted and State-adopted numeric criteria when applied to the same use classifications.

(e) Applicability to specific jurisdictions. (1) The criteria in paragraph (c)(1) of this section apply to fresh coastal recreation waters of the following States: Illinois, Minnesota, New York, Ohio, Pennsylvania, Wisconsin.

(2) The criteria in paragraph (c)(2) of this section apply to marine coastal recreation waters of the following States: Alaska, California (except for coastal recreation waters within the jurisdiction of Regional Board 4), Florida, Georgia, Hawaii (except for coastal recreation waters within 300 meters of the shoreline), Louisiana, Maine (except for SA waters and SB and SC waters with human sources of fecal contamination), Maryland, Massachusetts, Mississippi, New York, North Carolina, Oregon, Puerto Rico (except for waters classified by Puerto Rico as intensely used for primary contact recreation and for those waters included in § 131.40), Rhode Island, United States Virgin Islands.

(f) Schedules of compliance. (1) This paragraph (f) applies to any State that does not have a regulation in effect for Clean Water Act purposes that authorizes compliance schedules for National Pollutant Discharge Elimination System permit limitations needed to meet the criteria in paragraph (c) of this section. All dischargers shall promptly comply with any new or more restrictive water quality-based effluent limitations based on the water quality criteria set forth in this section.

(2) When a permit issued on or after December 16, 2004, to a new pathogen discharger as defined in paragraph (b) of this section contains water quality-based effluent limitations based on water quality criteria set forth in paragraph (c) of this section, the permittee shall comply with such water quality-based effluent limitations upon the commencement of the discharge.

(3) Where an existing pathogen discharger reasonably believes that it will be infeasible to comply immediately with a new or more restrictive water quality-based effluent limitations based on the water quality criteria set forth in paragraph (c) of this section, the discharger may request approval from the permit issuing authority for a schedule of compliance.

(4) A compliance schedule for an existing pathogen discharger shall require compliance with water quality-based effluent limitations based on water quality criteria set forth in paragraph (c) of this section as soon as possible, taking into account the discharger's ability to achieve compliance with such water quality-based effluent limitations.

(5) If the schedule of compliance for an existing pathogen discharger exceeds one year from the date of permit issuance, reissuance or modification, the schedule shall set forth interim requirements and dates for their achievement. The period between dates of completion for each requirement may not exceed one year.

If the time necessary for completion of any requirement is more than one year and the requirement is not readily divisible into stages for completion, the permit shall require, at a minimum, specified dates for annual submission of progress reports on the status of interim requirements.

(6) In no event shall the permit issuing authority approve a schedule of compliance for an existing pathogen discharge which exceeds five years from the date of permit issuance, reissuance, or modification, whichever is sooner.

(7) If a schedule of compliance exceeds the term of a permit, interim permit limits effective during the permit shall be included in the permit and addressed in the permit's fact sheet or statement of basis. The administrative record for the permit shall reflect final permit limits and final compliance dates. Final compliance dates for final permit limits, which do not occur during the term of the permit, must occur within five years from the date of issuance, reissuance or modification of the permit which initiates the compliance schedule.

[69 FR 67242, Nov. 16, 2004]

§ 131.42 - Antidegradation Implementation Methods for the Commonwealth of Puerto Rico.

(a) General Policy Statement. (1) All point sources of pollution are subject to an antidegradation review.

(2) An antidegradation review shall be initiated as part of the Section 401 - “Water Quality Certification Process” of the Clean Water Act.

(3) The 401 Certification Process shall follow the procedures established by the February 2, 1989 Resolution R-89-2-2 of the Governing Board of the Puerto Rico Environmental Quality Board (EQB).

(4) The following are not subject to an antidegradation review due to the fact that they are nondischarge systems and are managed by specific applicable Puerto Rico regulations:

(i) All nonpoint sources of pollutants.

(ii) Underground Storage Tanks.

(iii) Underground Injection Facilities.

(5) The protection of water quality shall include the maintenance, migration, protection, and propagation of desirable species, including threatened and endangered species identified in the local and federal regulations.

(b) Definitions. (1) All the definitions included in Article 1 of the Puerto Rico Water Quality Standards Regulation (PRWQSR), as amended, are applicable to this procedure.

(2) High Quality Waters:

(i) Are waters whose quality is better than the mandatory minimum level to support the CWA Section 101(a)(2) goals of propagation of fish, shellfish, wildlife and recreation in and on the waters. High Quality Waters are to be identified by EQB on a parameter-by-parameter basis.

(ii) [Reserved]

(3) Outstanding National Resources Waters (ONRWs):

(i) Are waters classified as SA or SE in the PRWQSR, as amended, or any other water designated by Resolution of the Governing Board of EQB. ONRWs are waters that are recreationally or ecologically important, unique or sensitive.

(ii) [Reserved]

(c) Antidegradation Review Procedure. (1) The antidegradation review will commence with the submission of the CWA Section 401 water quality certification request. EQB uses a parameter-by-parameter approach for the implementation of the anti-degradation policy and will review each parameter separately as it evaluates the request for certification. The 401 certification/antidegradation review shall comply with Article 4(B)(3) of the Puerto Rico Environmental Public Policy Act (Law No. 416 of September 22, 2004, as amended (12 LPRA 8001 et seq.)). Compliance with Article 4(B)(3) shall be conducted in accordance with the Reglamento de la Junta de Calidad Ambiental para el Proceso de Presentación, Evaluación y Trámite de Documentos Ambientales (EQB's Environmental Documents Regulation). As part of the evaluation of the Environmental Document an alternatives analysis shall be conducted (12 LPRA 8001(a)(5), EQB's Environmental Documents Regulation, e.g., Rules 211E and 253C), and a public participation period and a public hearing shall be provided (12 LPRA 8001(a), EQB's Environmental Documents Regulation, Rule 254).

(2) In conducting an antidegradation review, EQB will sequentially apply the following steps:

(i) Determine which level of antidegradation applies

(A) Tier 1 - Protection of Existing and Designated Uses.

(B) Tier 2 - Protection of High Quality Waters.

(C) Tier 3 - Protection of ONRWs.

(ii) [Reserved]

(3) Review existing water quality data and other information submitted by the applicant. The applicant shall provide EQB with the information regarding the discharge, as required by the PRWQSR including, but not limited to the following:

(i) A description of the nature of the pollutants to be discharged.

(ii) Treatment technologies applied to the pollutants to be discharged.

(iii) Nature of the applicant's business.

(iv) Daily maximum and average flow to be discharged.

(v) Effluent characterization.

(vi) Effluent limitations requested to be applied to the discharge according to Section 6.11 of the PRWQSR.

(vii) Location of the point of discharge.

(viii) Receiving waterbody name.

(ix) Water quality data of the receiving waterbody.

(x) Receiving waterbody minimum flow (7Q2 and 7Q10) for stream waters.

(xi) Location of water intakes within the waterbody.

(xii) In the event that the proposed discharge will result in the lowering of water quality, data and information demonstrating that the discharge is necessary to accommodate important economic or social development in the area where the receiving waters are located.

(4) Determine if additional information or assessment is necessary to make the decision.

(5) Prepare an intent to issue or deny the 401 water quality certificate and publish a notice in a newspaper of wide circulation in Puerto Rico informing the public of EQB's preliminary decision and granting a public participation period of at least thirty (30) days.

(6) Address the comments received from the interested parties and consider such comments as part of the decision making process.

(7) Make the final determination to issue or deny the requested 401 certification. Such decision is subject to the reconsideration procedure established in Law 170 of August 12, 1988, Ley de Procedimiento Administrativo Uniforme del Estado Libre Asociado de Puerto Rico (3 LPRA 2165).

(d) Implementation Procedures. (1) Activities Regulated by NPDES Permits

(i) Tier 1 - Protection of Existing and Designated Uses:

(A) Tier 1 waters are:

(1) Those waters of Puerto Rico (except Tier 2 or Tier 3 waters) identified as impaired and that have been included on the list required by Section 303(d) of the CWA; and

(2) Those waters of Puerto Rico (except Tier 2 and Tier 3 waters) for which attainment of applicable water quality standards has been or is expected to be, achieved through implementation of effluent limitations more stringent than technology-based controls (Best Practicable Technology, Best Available Technology and Secondary Treatment).

(B) To implement Tier 1 antidegradation, EQB shall determine if a discharge would lower the water quality to the extent that it would no longer be sufficient to protect and maintain the existing and designated uses of that waterbody.

(C) When a waterbody has been affected by a parameter of concern causing it to be included on the 303(d) List, then EQB will not allow an increase of the concentration of the parameter of concern or pollutants affecting the parameter of concern in the waterbody. This no increase will be achieved by meeting the applicable water quality standards at the end of the pipe. Until such time that a Total Maximum Daily Load (TMDL) is developed for the parameter of concern for the waterbody, no discharge will be allowed to cause or contribute to further degradation of the waterbody.

(D) When the assimilative capacity of a waterbody is not sufficient to ensure maintenance of the water quality standard for a parameter of concern with an additional load to the waterbody, EQB will not allow an increase of the concentration of the parameter of concern or pollutants affecting the parameter of concern in the waterbody. This no increase will be achieved by meeting the applicable water quality standards at the end of the pipe. Until such time that a TMDL is developed for the parameter of concern for the waterbody, no discharge will be allowed to cause or contribute to further degradation of the waterbody.

(ii) Tier 2 - Protection of High Quality Waters:

(A) To verify that a waterbody is a high quality water for a parameter of concern which initiates a Tier 2 antidegradation review, EQB shall evaluate and determine:

(1) The existing water quality of the waterbody;

(2) The projected water quality of the waterbody pursuant to the procedures established in the applicable provisions of Articles 5 and 10 of the PRWQSR including but not limited to, Sections 5.2, 5.3, 5.4, 10.2, 10.3, 10.4, 10.5, and 10.6;

(3) That the existing and designated uses of the waterbody will be fully maintained and protected in the event of a lowering of water quality.

In multiple discharge situations, the effects of all discharges shall be evaluated through a waste load allocation analysis in accordance with the applicable provisions of Article 10 of the PRWQSR or the applicable provisions of Article 5 regarding mixing zones.

(B) In order to allow the lowering of water quality in high quality waters, the applicant must show and justify the necessity for such lowering of water quality through compliance with the requirements of Section 6.11 of the PRWQSR. EQB will not allow the entire assimilative capacity of a waterbody for a parameter of concern to be allocated to a discharger, if the necessity of the requested effluent limitation for the parameter of concern is not demonstrated to the full satisfaction of EQB.

(iii) Tier 3 - Protection of ONRWs:

(A) EQB may designate a water as Class SA or SE (ONRWs) through a Resolution (PRWQSR Sections 2.1.1 and 2.2.1). Additionally, any interested party may nominate a specific water to be classified as an ONRW and the Governing Board of EQB will make the final determination. Classifying a water as an ONRW may result in the water being named in either Section 2.1.1 or 2.2.2 of the PRWQSR, which would require an amendment of the PRWQSR. The process for amending the PRWQSR, including public participation, is set forth in Section 8.6 of said regulation.

(B) The existing characteristics of Class SA and SE waters shall not be altered, except by natural causes, in order to preserve the existing natural phenomena.

(1) No point source discharge will be allowed in ONRWs.

(2) [Reserved]

(2) Activities Regulated by CWA Section 404 or Rivers and Harbors Action Section 10 Permits (Discharge of Dredged or Fill Material)

(i) EQB will only allow the discharge of dredged or fill material into a wetland if it can be demonstrated that such discharge will not have an unacceptable adverse impact either individually or in combination with other activities affecting the wetland of concern. The impacts to the water quality or the aquatic or other life in the wetland due to the discharge of dredged or fill material should be avoided, minimized and mitigated.

(ii) The discharge of dredged or fill material shall not be certified if there is a practicable alternative to the proposed discharge which would have less adverse impact on the recipient ecosystem, so long as the alternative does not have other more significant adverse environmental consequences. Activities which are not water dependent are presumed to have practicable alternatives, unless the applicant clearly demonstrates otherwise. No discharge of dredged and fill material shall be certified unless appropriate and practicable steps have been taken which minimize potential adverse impacts of the discharge on the recipient ecosystem. The discharge of dredged or fill material to ONRWs, however, shall be governed by paragraph (d)(1)(iii) of this section.

[72 FR 70524, Dec. 12, 2007]

§ 131.43 - Maine.

(a) Bacteria criteria for waters in Indian lands. (1) The bacteria content of Class AA and Class A waters shall be as naturally occurs, and the minimum number of Escherichia coli bacteria shall not exceed a geometric mean of 100 colony-forming units per 100 milliliters (cfu/100 ml) in any 30-day interval; nor shall 320 cfu/100 ml be exceeded more than 10% of the time in any 30-day interval.

(2) In Class B, Class C, and Class GPA waters, the number of Escherichia coli bacteria shall not exceed a geometric mean of 100 colony forming units per 100 milliliters (cfu/100 ml) in any 30- day interval; nor shall 320 cfu/100 ml be exceeded more than 10% of the time in any 30-day interval.

(3) The bacteria content of Class SA waters shall be as naturally occurs, and the number of Enterococcus spp. bacteria shall not exceed a geometric mean of 30 cfu/100 ml in any 30-day interval, nor shall 110 cfu/100 ml be exceeded more than 10% of the time in any 30-day interval.

(4) In Class SA shellfish harvesting areas, the numbers of total coliform bacteria or other specified indicator organisms in samples representative of the waters in shellfish harvesting areas may not exceed the criteria recommended under the National Shellfish Sanitation Program, United States Food and Drug Administration, as set forth in the Guide for the Control of Molluscan Shellfish, 2015 Revision. The Director of the Federal Register approves this incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may obtain a copy from the U.S. Food and Drug Administration Center for Food Safety and Applied Nutrition, Shellfish and Aquaculture Policy Branch, 5100 Paint Branch Parkway (HFS-325), College Park, MD 20740 or http://www.fda.gov/Food/GuidanceRegulation/FederalStateFoodPrograms/ucm2006754.htm. You may inspect a copy at the U.S. Environmental Protection Agency Docket Center Reading Room, William Jefferson Clinton West Building, Room 3334, 1301 Constitution Avenue NW., Washington, DC 20004, (202) 566-1744, or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

(5) In Class SB and SC waters, the number of Enterococcus spp. bacteria shall not exceed a geometric mean of 30 cfu/100 ml in any 30-day interval, nor shall 110 cfu/100 ml be exceeded more than 10% of the time in any 30-day interval.

(b) Ammonia criteria for fresh waters in Indian lands. (1) The one-hour average concentration of total ammonia nitrogen (in mg TAN/L) shall not exceed, more than once every three years, the criterion maximum concentration (i.e., the “CMC,” or “acute criterion”) set forth in Tables 2 and 3 of this section.

(2) The thirty-day average concentration of total ammonia nitrogen (in mg TAN/L) shall not exceed, more than once every three years, the criterion continuous concentration (i.e., the “CCC,” or “chronic criterion”) set forth in Table 4.

(3) In addition, the highest four-day average within the same 30-day period as in (2) shall not exceed 2.5 times the CCC, more than once every three years.

(c) pH Criteria for fresh waters in Indian lands. The pH of fresh waters shall fall within the range of 6.5 to 8.5.

(d) Temperature criteria for tidal waters in Indian lands. (1) The maximum acceptable cumulative increase in the weekly average temperature resulting from all artificial sources is 1 °C (1.8 °F) during all seasons of the year, provided that the summer maximum is not exceeded.

(i) Weekly average temperature increase shall be compared to baseline thermal conditions and shall be calculated using the daily maxima averaged over a 7-day period.

(ii) Baseline thermal conditions shall be measured at or modeled from a site where there is no artificial thermal addition from any source, and which is in reasonable proximity to the thermal discharge (within 5 miles), and which has similar hydrography to that of the receiving waters at the discharge.

(2) Natural temperature cycles characteristic of the waterbody segment shall not be altered in amplitude or frequency.

(3) During the summer months (for the period from May 15 through September 30), water temperatures shall not exceed a weekly average summer maximum threshold of 18 °C (64.4 °F) (calculated using the daily maxima averaged over a 7-day period).

(e) Natural conditions provisions for waters in Indian lands. (1) The provision in Title 38 of Maine Revised Statutes 464(4.C) which reads: “Where natural conditions, including, but not limited to, marshes, bogs and abnormal concentrations of wildlife cause the dissolved oxygen or other water quality criteria to fall below the minimum standards specified in section 465, 465-A and 465-B, those waters shall not be considered to be failing to attain their classification because of those natural conditions,” does not apply to water quality criteria intended to protect human health.

(2) The provision in Title 38 of Maine Revised Statutes 420(2.A) which reads “Except as naturally occurs or as provided in paragraphs B and C, the board shall regulate toxic substances in the surface waters of the State at the levels set forth in federal water quality criteria as established by the United States Environmental Protection Agency pursuant to the Federal Water Pollution Control Act, Public Law 92-500, Section 304(a), as amended,” does not apply to water quality criteria intended to protect human health.

(f) Mixing zone policy for waters in Indian lands. (1) Establishing a mixing zone. (i) The Department of Environmental Protection (“department”) may establish a mixing zone for any discharge at the time of application for a waste discharge license if all of the requirements set forth in paragraphs (g)(2) and (3) of this section are satisfied. The department shall attach a description of the mixing zone as a condition of a license issued for that discharge. After opportunity for a hearing in accordance with 38 MRS section 345-A, the department may establish by order a mixing zone with respect to any discharge for which a license has been issued pursuant to section 414 or for which an exemption has been granted by virtue of 38 MRS section 413, subsection 2.

(ii) The purpose of a mixing zone is to allow a reasonable opportunity for dilution, diffusion, or mixture of pollutants with the receiving waters such that an applicable criterion may be exceeded within a defined area of the waterbody while still protecting the designated use of the waterbody as a whole. In determining the extent of any mixing zone to be established under this section, the department will require from the applicant information concerning the nature and rate of the discharge; the nature and rate of existing discharges to the waterway; the size of the waterway and the rate of flow therein; any relevant seasonal, climatic, tidal, and natural variations in such size, flow, nature, and rate; the uses of the waterways that could be affected by the discharge, and such other and further evidence as in the department's judgment will enable it to establish a reasonable mixing zone for such discharge. An order establishing a mixing zone may provide that the extent thereof varies in order to take into account seasonal, climatic, tidal, and natural variations in the size and flow of, and the nature and rate of, discharges to the waterway.

(2) Mixing zone information requirements. At a minimum, any request for a mixing zone must:

(i) Describe the amount of dilution occurring at the boundaries of the proposed mixing zone and the size, shape, and location of the area of mixing, including the manner in which diffusion and dispersion occur;

(ii) Define the location at which discharge-induced mixing ceases;

(iii) Document the substrate character and geomorphology within the mixing zone;

(iv) Document background water quality concentrations;

(v) Address the following factors;

(A) Whether adjacent mixing zones overlap;

(B) Whether organisms would be attracted to the area of mixing as a result of the effluent character; and

(C) Whether the habitat supports endemic or naturally occurring species.

(vi) Provide all information necessary to demonstrate whether the requirements in paragraph (g)(3) of this section are satisfied.

(3) Mixing zone requirements. (i) Mixing zones shall be established consistent with the methodologies in Sections 4.3 and 4.4 of the “Technical Support Document for Water Quality-based Toxics Control” EPA/505/2-90-001, dated March 1991.

(ii) The mixing zone demonstration shall be based on the assumption that a pollutant does not degrade within the proposed mixing zone, unless:

(A) Scientifically valid field studies or other relevant information demonstrate that degradation of the pollutant is expected to occur under the full range of environmental conditions expected to be encountered; and

(B) Scientifically valid field studies or other relevant information address other factors that affect the level of pollutants in the water column including, but not limited to, resuspension of sediments, chemical speciation, and biological and chemical transformation.

(iii) Water quality within an authorized mixing zone is allowed to exceed chronic water quality criteria for those parameters approved by the department. Acute water quality criteria may be exceeded for such parameters within the zone of initial dilution inside the mixing zone. Acute criteria shall be met as close to the point of discharge as practicably attainable. Water quality criteria shall not be violated outside of the boundary of a mixing zone as a result of the discharge for which the mixing zone was authorized.

(iv) Mixing zones shall be as small as practicable. The concentrations of pollutants present shall be minimized and shall reflect the best practicable engineering design of the outfall to maximize initial mixing. Mixing zones shall not be authorized for bioaccumulative pollutants (i.e., chemicals for which the bioconcentration factors (BCF) or bioaccumulation factors (BAF) are greater than 1,000) or bacteria.

(v) In addition to the requirements above, the department may approve a mixing zone only if the mixing zone:

(A) Is sized and located to ensure that there will be a continuous zone of passage that protects migrating, free-swimming, and drifting organisms;

(B) Will not result in thermal shock or loss of cold water habitat or otherwise interfere with biological communities or populations of indigenous species;

(C) Is not likely to jeopardize the continued existence of any endangered or threatened species listed under section 4 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.) or result in the destruction or adverse modification of such species' critical habitat;

(D) Will not extend to drinking water intakes and sources;

(E) Will not otherwise interfere with the designated or existing uses of the receiving water or downstream waters;

(F) Will not promote undesirable aquatic life or result in a dominance of nuisance species;

(G) Will not endanger critical areas such as breeding and spawning grounds, habitat for state-listed threatened or endangered species, areas with sensitive biota, shellfish beds, fisheries, and recreational areas;

(H) Will not contain pollutant concentrations that are lethal to mobile, migrating, and drifting organisms passing through the mixing zone;

(I) Will not contain pollutant concentrations that may cause significant human health risks considering likely pathways of exposure;

(J) Will not result in an overlap with another mixing zone;

(K) Will not attract aquatic life;

(L) Will not result in a shore-hugging plume; and

(M) Is free from:

(1) Substances that settle to form objectionable deposits;

(2) Floating debris, oil, scum, and other matter in concentrations that form nuisances; and

(3) Objectionable color, odor, taste, or turbidity.

(g) Dissolved oxygen criteria for class A waters throughout the State of Maine, including in Indian lands. The dissolved oxygen content of Class A waters shall not be less than 7 ppm (7 mg/L) or 75% of saturation, whichever is higher, year-round. For the period from October 1 through May 14, in fish spawning areas, the 7-day mean dissolved oxygen concentration shall not be less than 9.5 ppm (9.5 mg/L), and the 1-day minimum dissolved oxygen concentration shall not be less than 8 ppm (8.0 mg/L).

(h) Waiver or modification of protection and improvement laws for waters throughout the State of Maine, including in Indian lands. For all waters in Maine, the provisions in Title 38 of Maine Revised Statutes 363-D do not apply to state or federal water quality standards applicable to waters in Maine, including designated uses, criteria to protect existing and designated uses, and antidegradation policies.

[81 FR 92487, Dec. 19, 2016, as amended at 85 FR 82939, Dec. 21, 2020]

§ 131.44 - Florida.

(a) Phosphorus Rule. (1) The document entitled “Florida Administrative Code, Chapter 62-302, Surface Water Quality Standards, Section 62-302.540, Water Quality Standards for Phosphorus Within the Everglades Protection Area, Amended May 25, 2005, as annotated by EPA” (Phosphorus Rule), is incorporated by reference as described in paragraph (a)(2). EPA is not incorporating the full text of this document, but correcting specified portions of the Phosphorus Rule as directed by a federal district court as indicated by the strikeout markings. The EPA is only incorporating by reference these crossed-out portions in the Florida Administrative Code 62-302.540. The Director of the Federal Register approves this incorporation by reference in accordance with 5 U.S.C. 552(a). Copies of the document may be inspected and obtained from the docket associated with this rulemaking (Docket Number EPA-HQ-OW-2011-0515) at http://www.regulations.gov electronically, at EPA's Water Docket (Address: 1301 Constitution Avenue NW., EPA West, Room B102, Washington, DC 20460, telephone number: 202-566-2426), at the National Archives and Records Administration (NARA), and finally, on the EPA Web site associated with this rulemaking at http://water.epa.gov/lawsregs/rulesregs/floridaeverglades_index.cfm. For information on the availability of this material at NARA, call 202-741-6030, or go to the following Web site http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. EPA adopts and identifies the portions of the document that have strikeout markings as portions of the Phosphorus Rule that EPA disapproved on December 3, 2009, and that are not applicable water quality standards for the purposes of the Clean Water Act. Remaining portions of the Phosphorus Rule that EPA had previously approved are applicable water quality standards for the purposes of the Clean Water Act but are not codified as federal regulations.

(2) In the Phosphorus Rule, strike the following text:

(i) The entire paragraph (1)(a);

(ii) The entire paragraph (1)(b)(2);

(iii) The entire paragraph and subparagraphs (2)(b), (2)(c), (2)(d), (2)(e), (2)(e)(1), (2)(e)(2) and 2(f);

(iv) The entire paragraph (2)(h);

(v) The entire paragraph (2)(l);

(vi) The entire paragraphs (3)(a) and (3)(b);

(vii) The entire paragraph 3(f);

(viii) The entire paragraph (3)(h);

(ix) In (4)(d)(2)(c), the sentence, “If these limits are not met, no action shall be required, provided that the net improvement or hydropattern restoration provisions of subsection (6) below are met.”;

(x) The entire paragraph (5)(a);

(xi) The entire paragraph (5)(b)(2) and (5)(b)(3);

(xii) The entire paragraph (5)(d);

(xiii) The entire paragraph (6), including subparagraphs (6)(a), (6)(a)(1), (6)(a)(1)(a), (6)(a)(1)(b), (6)(a)(2), (6)(a)(3), (6)(a)(4), (6)(a)(5), (6)(b), (6)(b)(1), (6)(b)(2), (6)(b)(3), and (6)(c).

(b) Amended Everglades Forever Act. (1) The document entitled “Florida Statute, Title 28, Natural Resources; Conservation, Reclamation, and Use, Section 373.4592, Everglades improvement and management, effective July 1, 2008, also known as the “Everglades Forever Act,” as annotated by EPA” is incorporated by reference as described in paragraph (b)(2). The EPA is not incorporating the full text of this document, but correcting specified portions of the statute as directed by the court as indicated by the strike out markings. The EPA is only incorporating by reference these crossed-out portions in the Florida Statute, the “Everglades Forever Act.” The Director of the Federal Register approves this incorporation by reference in accordance with 5 U.S.C. 552(a). Copies of the document may be inspected and obtained from the docket associated with this rulemaking (Docket Number EPA-HQ-OW-2011-0515) at http://www.regulations.gov electronically, at EPA's Water Docket (Address: 1301 Constitution Avenue NW., EPA West, Room B102, Washington, DC 20460, telephone number: 202-566-2426), at the National Archives and Records Administration (NARA), and finally, on the EPA Web site associated with this rulemaking at http://water.epa.gov/lawsregs/rulesregs/floridaeverglades_index.cfm. For information on the availability of this material at NARA, call 202-741-6030, or go to the following Web site http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. EPA adopts and identifies the portions of the document that have strikeout markings as portions of the statute that EPA disapproved on December 3, 2009, and that are not applicable water quality standards for the purposes of the Clean Water Act. Remaining portions of the statute that EPA had previously approved are applicable water quality standards for the purposes of the Clean Water Act but are not codified as federal regulations.

(2) In the Everglades Forever Act, strike the following text:

(i) The entire paragraph (2)(a);

(ii) In paragraph (2)(g), the phrase, “and further described in the Long-Term Plan.”;

(iii) The entire paragraph (2)(j);

(iv) The entire paragraph (2)(l);

(v) The entire paragraph (2)(p);

(vi) The entire paragraphs (3)(b), (3)(c), (3)(d) and (3)(e);

(vii) In sentence 9 of paragraph (4)(a), the phrase, “design, construction, and implementation of the initial phase of the Long-Term Plan, including operation and maintenance, and research for the projects and strategies in the initial phase of the Long-Term Plan, and including”;

(viii) In sentence 1 of subparagraph (4)(a)(4), the phrase, “however, the district may modify this schedule to incorporate and accelerate enhancements to STA 3/4 as directed in the Long-Term Plan;”;

(ix) The entire subparagraph (4)(a)(6);

(x) In subparagraph (4)(e)(2), the entire sentences 7, 8 and 9;

(xi) In subparagraph (4)(e)(3), the entire sentence 3;

(xii) In sentence 1 of paragraph (10), the phrase, “to implement the pre-2006 projects and strategies of the Long-Term Plan”, the phrase, “in all parts of the Everglades Protection Area”, and the phrase “and moderating provisions”;

(xiii) The entire paragraph (10)(a).

(3) EPA is not incorporating the text annotations added by hand to the Everglades Forever Act. These text inserts are included only for the convenience of the reader and to improve the readability of the document.

[77 FR 46303, Aug. 3, 2012]

§ 131.45 - Revision of certain Federal water quality criteria applicable to Washington.

(a) Scope. This section promulgates human health criteria for priority toxic pollutants in surface waters in Washington.

(b) Criteria for priority toxic pollutants in Washington. The applicable human health criteria are shown in table 1 to this paragraph (b).

(c) Applicability. (1) The criteria in paragraph (b) of this section apply to waters with Washington's designated uses cited in paragraph (d) of this section and apply concurrently with other applicable water quality criteria.

(2) The criteria established in this section are subject to Washington's general rules of applicability in the same way and to the same extent as are other federally promulgated and state-adopted numeric criteria when applied to the same use classifications in paragraph (d) of this section.

(i) For all waters with mixing zone regulations or implementation procedures, the criteria apply at the appropriate locations within or at the boundary of the mixing zones; otherwise the criteria apply throughout the waterbody including at the end of any discharge pipe, conveyance or other discharge point within the waterbody.

(ii) The state must not use a low flow value below which numeric non-carcinogen and carcinogen human health criteria can be exceeded that is less stringent than the harmonic mean flow for waters suitable for the establishment of low flow return frequencies (i.e., streams and rivers). Harmonic mean flow is a long-term mean flow value calculated by dividing the number of daily flows analyzed by the sum of the reciprocals of those daily flows.

(iii) If the state does not have such a low flow value for numeric criteria, then none will apply and the criteria in paragraph (b) of this section herein apply at all flows.

(d) Applicable use designations. (1) All waters in Washington assigned to the following use classifications are subject to the criteria identified in paragraph (d)(2) of this section:

(i) Fresh waters -

(A) Miscellaneous uses: Harvesting (Fish harvesting);

(B) Recreational uses;

(C) Water supply uses: Domestic water (Domestic water supply);

(ii) Marine waters -

(A) Miscellaneous uses: Harvesting (Salmonid and other fish harvesting, and crustacean and other shellfish (crabs, shrimp, scallops, etc.) harvesting);

(B) Recreational uses;

(C) Shellfish harvesting: Shellfish harvest (Shellfish (clam, oyster, and mussel) harvesting)

Note to paragraph (d)(1):

The source of these uses is Washington Administrative Code 173-201A-600 for Fresh waters and 173-201A-610 for Marine waters.

(2) For Washington waters that include the use classification of Domestic Water, the criteria in column C1 and the methylmercury criterion in column C2 of Table 1 in paragraph (b) of this section apply. For Washington waters that include any of the following use classifications but do not include the use classification of Domestic Water, the criteria in column C2 of Table 1 in paragraph (b) of this section apply: Harvesting (fresh and marine waters), Recreational Uses (fresh and marine waters), and Shellfish Harvesting.

[81 FR 85435, Nov. 28, 2016, as amended at 85 FR 28492, May 13, 2020; 87 FR 69198, Nov. 18, 2022]

§ 131.46 - Aquatic life criterion for cadmium in Oregon.

(a) Scope. This section promulgates an acute aquatic life criterion for cadmium in freshwaters in Oregon.

(b) Criterion for cadmium in Oregon. The aquatic life criterion in Table 1 applies to all freshwaters in Oregon where fish and aquatic life are a designated use.

Table 1 - Cadmium Aquatic Life Criterion for Oregon Freshwaters

Metal CAS No. Criterion Maximum Concentration (CMC) 3 (µg/L) Cadmium 1 27440439[e (0.9789 × ln(hardness) − 3.866)] × CF
Where CF = 1.136672 − [(ln hardness) × (0.041838)].

1 The criterion for cadmium is expressed as the dissolved metal concentration.

2 CF is the conversion factor used to convert between the total recoverable and dissolved forms of cadmium. The term (ln hardness) in the CMC and the CF equation is the natural logarithm of the ambient hardness in mg/L (CaCO3). The default hardness concentrations from the applicable ecoregion in Table 2 of paragraph (c) of this section shall be used to calculate cadmium criteria in the absence of sufficiently representative ambient hardness data.

3 The CMC is the highest allowable one-hour average instream concentration of cadmium. The CMC is not to be exceeded more than once every three years. The CMC is rounded to two significant figures.

(c) Estimated Values To Calculate Cadmium Criteria. The default inputs to calculate cadmium criteria in the absence of sufficiently representative ambient data are shown in Table 2.

Table 2 - Hardness Defaults Within Each Level III Ecoregion in Oregon

Level III ecoregion Hardness
(mg/L)
1 Coast Range34.12 3 Willamette Valley32.39 4 Cascades28.39 9 Eastern Cascades Slopes and Foothills36.08 10 Columbia Plateau58.82 11 Blue Mountains43.49 12 Snake River Plain123.5 78 Klamath Mountains40.61 80 Northern Basin and Range98.62

(d) Applicability. (1) The criterion in paragraph (b) of this section applies to freshwaters in Oregon where fish and aquatic life are a designated use, and applies concurrently with other applicable water quality criteria.

(2) The criterion established in this section is subject to Oregon's general rules of applicability in the same way and to the same extent as are other federally promulgated and state-adopted numeric criteria when applied to freshwaters in Oregon where fish and aquatic life are a designated use.

(i) For all waters with mixing zone regulations or implementation procedures, the criterion applies at the appropriate locations within or at the boundary of the mixing zones and outside of the mixing zones; otherwise the criterion applies throughout the water body including at the end of any discharge pipe, conveyance or other discharge point within the water body.

(ii) The state shall not use a low flow value that is less stringent than the values listed below for waters suitable for the establishment of low flow return frequencies (i.e., streams and rivers) when calculating the available dilution for the purposes of determining the need for and establishing Water Quality-Based Effluent Limitations in National Pollutant Discharge Elimination System permits:

Acute
criteria
(CMC)
1Q10 or 1B3 Where: 1. 1Q10 is the lowest one-day average flow event expected to occur once every ten years, on average (determined hydrologically). 2. 1B3 is the lowest one-day average flow event expected to occur once every three years, on average (determined biologically).
[82 FR 9173, Feb. 3, 2017]

§ 131.47 - Aquatic life criteria for aluminum in Oregon.

(a) Scope. This section promulgates aquatic life criteria for aluminum in fresh waters in Oregon that are jurisdictional under the Clean Water Act.

(b) Criteria for aluminum in Oregon. The aquatic life criteria in Table 1 to this paragraph (b) apply to all fresh waters in Oregon that are jurisdictional under the Clean Water Act to protect the fish and aquatic life designated uses.

Table 1 to Paragraph (b) - Aluminum Aquatic Life Criteria for Oregon Fresh Waters

Metal CAS No. Criterion maximum concentration (CMC) 3
(µg/L)
Criterion continuous concentration (CCC) 4
(µg/L)
Aluminum 1 27429905Acute (CMC) and chronic (CCC) freshwater aluminum criteria values for a site shall be calculated using the 2018 Aluminum Criteria Calculator (Aluminum Criteria Calculator V.2.0.xlsx), or a calculator in R or other software package using the same 1985 Guidelines calculation approach and underlying model equations as in the Aluminum Criteria Calculator V.2.0.xlsx, as defined in EPA's Final Aquatic Life Ambient Water Quality Criteria for Aluminum. 5

1 To apply the aluminum criteria for Clean Water Act purposes, criteria values based on ambient water chemistry conditions must protect the water body over the full range of water chemistry conditions, including during conditions when aluminum is most toxic.

2 These criteria are based on aluminum toxicity studies where aluminum was analyzed using total recoverable analytical methods. Oregon may utilize total recoverable analytical methods to implement the criteria. For characterizing ambient waters, Oregon may also utilize, as scientifically appropriate and as allowable by State and Federal regulations, analytical methods that measure the bioavailable fraction of aluminum (e.g., utilizing a less aggressive initial acid digestion, such as to a pH of approximately 4 or lower, that includes the measurement of amorphous aluminum hydroxide yet minimizes the measurement of mineralized forms of aluminum such as aluminum silicates associated with suspended sediment particles or clays). Oregon shall use measurements of total recoverable aluminum where required by Federal regulations.

3 The CMC is the highest allowable one-hour average ambient concentration of aluminum. The CMC is not to be exceeded more than once every three years. The CMC is rounded to two significant figures.

4 The CCC is the highest allowable four-day average ambient concentration of aluminum. The CCC is not to be exceeded more than once every three years. The CCC is rounded to two significant figures.

5 EPA-822-R-18-001, Final Aquatic Life Ambient Water Quality Criteria for Aluminum - 2018, December 2018, is incorporated by reference into this section with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. All approved material is available from U.S. Environmental Protection Agency, Office of Water, Health and Ecological Criteria Division (4304T), 1200 Pennsylvania Avenue, NW, Washington, DC 20460; telephone number: (202) 566-1143, www.epa.gov/wqc/aquatic-life-criteria-aluminum. It is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, email [email protected] or go to www.archives.gov/federal-register/cfr/ibr-locations.html.

(c) Applicability. (1) The criteria in paragraph (b) of this section are the applicable acute and chronic aluminum aquatic life criteria in all fresh waters in Oregon that are jurisdictional under the Clean Water Act to protect the fish and aquatic life designated uses.

(2) The criteria established in this section are subject to Oregon's general rules of applicability in the same way and to the same extent as are other federally promulgated and state-adopted numeric criteria when applied to fresh waters in Oregon that are jurisdictional under the Clean Water Act to protect the fish and aquatic life designated uses.

(3) For all waters with mixing zone regulations or implementation procedures, the criteria apply at the appropriate locations within or at the boundary of the mixing zones and outside of the mixing zones; otherwise the criteria apply throughout the water body including at the end of any discharge pipe, conveyance, or other discharge point within the water body.

[86 FR 14845, Mar. 19, 2021]