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Electronic Code of Federal Regulations

e-CFR Data is current as of October 17, 2014

Title 40Chapter ISubchapter D → Part 131


Title 40: Protection of Environment


PART 131—WATER QUALITY STANDARDS


Contents

Subpart A—General Provisions

§131.1   Scope.
§131.2   Purpose.
§131.3   Definitions.
§131.4   State authority.
§131.5   EPA authority.
§131.6   Minimum requirements for water quality standards submission.
§131.7   Dispute resolution mechanism.
§131.8   Requirements for Indian Tribes to administer a water quality standards program.

Subpart B—Establishment of Water Quality Standards

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

Subpart C—Procedures for Review and Revision of Water Quality Standards

§131.20   State review and revision of water quality standards.
§131.21   EPA review and approval of water quality standards.
§131.22   EPA promulgation of water quality standards.

Subpart D—Federally Promulgated Water Quality Standards

§131.31   Arizona.
§131.32   [Reserved]
§131.33   Idaho.
§131.34   Kansas.
§131.35   Colville Confederated Tribes Indian Reservation.
§131.36   Toxics criteria for those states not complying with Clean Water Act section 303(c)(2)(B).
§131.37   California.
§131.38   Establishment of numeric criteria for priority toxic pollutants for the State of California.
§131.40   Puerto Rico
§131.41   Bacteriological criteria for those states not complying with Clean Water Act section 303(i)(1)(A).
§131.42   Antidegradation Implementation Methods for the Commonwealth of Puerto Rico.
§131.43   Florida.
§131.44   Florida.

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

Source: 48 FR 51405, Nov. 8, 1983, unless otherwise noted.

Subpart A—General Provisions

§131.1   Scope.

This part describes the requirements and procedures for developing, reviewing, revising, and approving water quality standards by the States as authorized by section 303(c) of the Clean Water Act. Additional specific procedures for developing, reviewing, revising, and approving water quality standards for Great Lakes States or Great Lakes Tribes (as defined in 40 CFR 132.2) to conform to section 118 of the Clean Water Act and 40 CFR part 132, are provided in 40 CFR part 132.

[60 FR 15386, Mar. 23, 1995]

§131.2   Purpose.

A water quality standard defines the water quality goals of a water body, or portion thereof, by designating the use or uses to be made of the water and by setting criteria necessary to protect the uses. States adopt water quality standards to protect public health or welfare, enhance the quality of water and serve the purposes of the Clean Water Act (the Act). “Serve the purposes of the Act” (as defined in sections 101(a)(2) and 303(c) of the Act) means that water quality standards should, wherever attainable, provide water quality for the protection and propagation of fish, shellfish and wildlife and for recreation in and on the water and take into consideration their use and value of public water supplies, propagation of fish, shellfish, and wildlife, recreation in and on the water, and agricultural, industrial, and other purposes including navigation.

Such standards serve the dual purposes of establishing the water quality goals for a specific water body and serve as the regulatory basis for the establishment of water-quality-based treatment controls and strategies beyond the technology-based levels of treatment required by sections 301(b) and 306 of the Act.

§131.3   Definitions.

(a) The Act means the Clean Water Act (Pub. L. 92-500, as amended (33 U.S.C. 1251 et seq.)).

(b) Criteria are elements of State water quality standards, expressed as constituent concentrations, levels, or narrative statements, representing a quality of water that supports a particular use. When criteria are met, water quality will generally protect the designated use.

(c) Section 304(a) criteria are developed by EPA under authority of section 304(a) of the Act based on the latest scientific information on the relationship that the effect of a constituent concentration has on particular aquatic species and/or human health. This information is issued periodically to the States as guidance for use in developing criteria.

(d) Toxic pollutants are those pollutants listed by the Administrator under section 307(a) of the Act.

(e) Existing uses are those uses actually attained in the water body on or after November 28, 1975, whether or not they are included in the water quality standards.

(f) Designated uses are those uses specified in water quality standards for each water body or segment whether or not they are being attained.

(g) Use attainability analysis is a structured scientific assessment of the factors affecting the attainment of the use which may include physical, chemical, biological, and economic factors as described in §131.10(g).

(h) Water quality limited segment means any segment where it is known that water quality does not meet applicable water quality standards, and/or is not expected to meet applicable water quality standards, even after the application of the technology-bases effluent limitations required by sections 301(b) and 306 of the Act.

(i) Water quality standards are provisions of State or Federal law which consist of a designated use or uses for the waters of the United States and water quality criteria for such waters based upon such uses. Water quality standards are to protect the public health or welfare, enhance the quality of water and serve the purposes of the Act.

(j) States include: The 50 States, the District of Columbia, Guam, the Commonwealth of Puerto Rico, Virgin Islands, American Samoa, the Trust Territory of the Pacific Islands, the Commonwealth of the Northern Mariana Islands, and Indian Tribes that EPA determines to be eligible for purposes of water quality standards program.

(k) Federal Indian Reservation, Indian Reservation, or Reservation means all land within the limits of any Indian reservation under the jurisdiction of the United States Government, notwithstanding the issuance of any patent, and including rights-of-way running through the reservation.”

(l) Indian Tribe or Tribe means any Indian Tribe, band, group, or community recognized by the Secretary of the Interior and exercising governmental authority over a Federal Indian reservation.

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

§131.4   State authority.

(a) States (as defined in §131.3) are responsible for reviewing, establishing, and revising water quality standards. As recognized by section 510 of the Clean Water Act, States may develop water quality standards more stringent than required by this regulation. Consistent with section 101(g) and 518(a) of the Clean Water Act, water quality standards shall not be construed to supersede or abrogate rights to quantities of water.

(b) States (as defined in §131.3) may issue certifications pursuant to the requirements of Clean Water Act section 401. Revisions adopted by States shall be applicable for use in issuing State certifications consistent with the provisions of §131.21(c).

(c) Where EPA determines that a Tribe is eligible to the same extent as a State for purposes of water quality standards, the Tribe likewise is eligible to the same extent as a State for purposes of certifications conducted under Clean Water Act section 401.

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

§131.5   EPA authority.

(a) Under section 303(c) of the Act, EPA is to review and to approve or disapprove State-adopted water quality standards. The review involves a determination of:

(1) Whether the State has adopted water uses which are consistent with the requirements of the Clean Water Act;

(2) Whether the State has adopted criteria that protect the designated water uses;

(3) Whether the State has followed its legal procedures for revising or adopting standards;

(4) Whether the State standards which do not include the uses specified in section 101(a)(2) of the Act are based upon appropriate technical and scientific data and analyses, and

(5) Whether the State submission meets the requirements included in §131.6 of this part and, for Great Lakes States or Great Lakes Tribes (as defined in 40 CFR 132.2) to conform to section 118 of the Act, the requirements of 40 CFR part 132.

(b) If EPA determines that the State's or Tribe's water quality standards are consistent with the factors listed in paragraphs (a)(1) through (a)(5) of this section, EPA approves the standards. EPA must disapprove the State's or Tribe's water quality standards and promulgate Federal standards under section 303(c)(4), and for Great Lakes States or Great Lakes Tribes under section 118(c)(2)(C) of the Act, if State or Tribal adopted standards are not consistent with the factors listed in paragraphs (a)(1) through (a)(5) of this section. EPA may also promulgate a new or revised standard when necessary to meet the requirements of the Act.

(c) Section 401 of the Clean Water Act authorizes EPA to issue certifications pursuant to the requirements of section 401 in any case where a State or interstate agency has no authority for issuing such certifications.

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

§131.6   Minimum requirements for water quality standards submission.

The following elements must be included in each State's water quality standards submitted to EPA for review:

(a) Use designations consistent with the provisions of sections 101(a)(2) and 303(c)(2) of the Act.

(b) Methods used and analyses conducted to support water quality standards revisions.

(c) Water quality criteria sufficient to protect the designated uses.

(d) An antidegradation policy consistent with §131.12.

(e) Certification by the State Attorney General or other appropriate legal authority within the State that the water quality standards were duly adopted pursuant to State law.

(f) General information which will aid the Agency in determining the adequacy of the scientific basis of the standards which do not include the uses specified in section 101(a)(2) of the Act as well as information on general policies applicable to State standards which may affect their application and implementation.

§131.7   Dispute resolution mechanism.

(a) Where disputes between States and Indian Tribes arise as a result of differing water quality standards on common bodies of water, the lead EPA Regional Administrator, as determined based upon OMB circular A-105, shall be responsible for acting in accordance with the provisions of this section.

(b) The Regional Administrator shall attempt to resolve such disputes where:

(1) The difference in water quality standards results in unreasonable consequences;

(2) The dispute is between a State (as defined in §131.3(j) but exclusive of all Indian Tribes) and a Tribe which EPA has determined is eligible to the same extent as a State for purposes of water quality standards;

(3) A reasonable effort to resolve the dispute without EPA involvement has been made;

(4) The requested relief is consistent with the provisions of the Clean Water Act and other relevant law;

(5) The differing State and Tribal water quality standards have been adopted pursuant to State and Tribal law and approved by EPA; and

(6) A valid written request has been submitted by either the Tribe or the State.

(c) Either a State or a Tribe may request EPA to resolve any dispute which satisfies the criteria of paragraph (b) of this section. Written requests for EPA involvement should be submitted to the lead Regional Administrator and must include:

(1) A concise statement of the unreasonable consequences that are alleged to have arisen because of differing water quality standards;

(2) A concise description of the actions which have been taken to resolve the dispute without EPA involvement;

(3) A concise indication of the water quality standards provision which has resulted in the alleged unreasonable consequences;

(4) Factual data to support the alleged unreasonable consequences; and

(5) A statement of the relief sought from the alleged unreasonable consequences.

(d) Where, in the Regional Administrator's judgment, EPA involvement is appropriate based on the factors of paragraph (b) of this section, the Regional Administrator shall, within 30 days, notify the parties in writing that he/she is initiating an EPA dispute resolution action and solicit their written response. The Regional Administrator shall also make reasonable efforts to ensure that other interested individuals or groups have notice of this action. Such efforts shall include but not be limited to the following:

(1) Written notice to responsible Tribal and State Agencies, and other affected Federal agencies,

(2) Notice to the specific individual or entity that is alleging that an unreasonable consequence is resulting from differing standards having been adopted on a common body of water,

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

(4) Publication in trade journal newsletters, and

(5) Other means as appropriate.

(e) If in accordance with applicable State and Tribal law an Indian Tribe and State have entered into an agreement that resolves the dispute or establishes a mechanism for resolving a dispute, EPA shall defer to this agreement where it is consistent with the Clean Water Act and where it has been approved by EPA.

(f) EPA dispute resolution actions shall be consistent with one or a combination of the following options:

(1) Mediation. The Regional Administrator may appoint a mediator to mediate the dispute. Mediators shall be EPA employees, employees from other Federal agencies, or other individuals with appropriate qualifications.

(i) Where the State and Tribe agree to participate in the dispute resolution process, mediation with the intent to establish Tribal-State agreements, consistent with Clean Water Act section 518(d), shall normally be pursued as a first effort.

(ii) Mediators shall act as neutral facilitators whose function is to encourage communication and negotiation between all parties to the dispute.

(iii) Mediators may establish advisory panels, to consist in part of representatives from the affected parties, to study the problem and recommend an appropriate solution.

(iv) The procedure and schedule for mediation of individual disputes shall be determined by the mediator in consultation with the parties.

(v) If formal public hearings are held in connection with the actions taken under this paragraph, Agency requirements at 40 CFR 25.5 shall be followed.

(2) Arbitration. Where the parties to the dispute agree to participate in the dispute resolution process, the Regional Administrator may appoint an arbitrator or arbitration panel to arbitrate the dispute. Arbitrators and panel members shall be EPA employees, employees from other Federal agencies, or other individuals with appropriate qualifications. The Regional administrator shall select as arbitrators and arbitration panel members individuals who are agreeable to all parties, are knowledgeable concerning the requirements of the water quality standards program, have a basic understanding of the political and economic interests of Tribes and States involved, and are expected to fulfill the duties fairly and impartially.

(i) The arbitrator or arbitration panel shall conduct one or more private or public meetings with the parties and actively solicit information pertaining to the effects of differing water quality permit requirements on upstream and downstream dischargers, comparative risks to public health and the environment, economic impacts, present and historical water uses, the quality of the waters subject to such standards, and other factors relevant to the dispute, such as whether proposed water quality criteria are more stringent than necessary to support designated uses, more stringent than natural background water quality or whether designated uses are reasonable given natural background water quality.

(ii) Following consideration of relevant factors as defined in paragraph (f)(2)(i) of this section, the arbitrator or arbitration panel shall have the authority and responsibility to provide all parties and the Regional Administrator with a written recommendation for resolution of the dispute. Arbitration panel recommendations shall, in general, be reached by majority vote. However, where the parties agree to binding arbitration, or where required by the Regional Administrator, recommendations of such arbitration panels may be unanimous decisions. Where binding or non-binding arbitration panels cannot reach a unanimous recommendation after a reasonable period of time, the Regional Administrator may direct the panel to issue a non-binding decision by majority vote.

(iii) The arbitrator or arbitration panel members may consult with EPA's Office of General Counsel on legal issues, but otherwise shall have no ex parte communications pertaining to the dispute. Federal employees who are arbitrators or arbitration panel members shall be neutral and shall not be predisposed for or against the position of any disputing party based on any Federal Trust responsibilities which their employers may have with respect to the Tribe. In addition, arbitrators or arbitration panel members who are Federal employees shall act independently from the normal hierarchy within their agency.

(iv) The parties are not obligated to abide by the arbitrator's or arbitration panel's recommendation unless they voluntarily entered into a binding agreement to do so.

(v) If a party to the dispute believes that the arbitrator or arbitration panel has recommended an action contrary to or inconsistent with the Clean Water Act, the party may appeal the arbitrator's recommendation to the Regional Administrator. The request for appeal must be in writing and must include a description of the statutory basis for altering the arbitrator's recommendation.

(vi) The procedure and schedule for arbitration of individual disputes shall be determined by the arbitrator or arbitration panel in consultation with parties.

(vii) If formal public hearings are held in connection with the actions taken under this paragraph, Agency requirements at 40 CFR 25.5 shall be followed.

(3) Dispute resolution default procedure. Where one or more parties (as defined in paragraph (g) of this section) refuse to participate in either the mediation or arbitration dispute resolution processes, the Regional Administrator may appoint a single official or panel to review available information pertaining to the dispute and to issue a written recommendation for resolving the dispute. Review officials shall be EPA employees, employees from other Federal agencies, or other individuals with appropriate qualifications. Review panels shall include appropriate members to be selected by the Regional Administrator in consultation with the participating parties. Recommendations of such review officials or panels shall, to the extent possible given the lack of participation by one or more parties, be reached in a manner identical to that for arbitration of disputes specified in paragraphs (f)(2)(i) through (f)(2)(vii) of this section.

(g) Definitions. For the purposes of this section:

(1) Dispute Resolution Mechanism means the EPA mechanism established pursuant to the requirements of Clean Water Act section 518(e) for resolving unreasonable consequences that arise as a result of differing water quality standards that may be set by States and Indian Tribes located on common bodies of water.

(2) Parties to a State-Tribal dispute include the State and the Tribe and may, at the discretion of the Regional Administrator, include an NPDES permittee, citizen, citizen group, or other affected entity.

[56 FR 64894, Dec. 12, 1991, as amended at 59 FR 64344, Dec. 14, 1994]

§131.8   Requirements for Indian Tribes to administer a water quality standards program.

(a) The Regional Administrator, as determined based on OMB Circular A-105, may accept and approve a tribal application for purposes of administering a water quality standards program if the Tribe meets the following criteria:

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

(2) The Indian Tribe has a governing body carrying out substantial governmental duties and powers,

(3) The water quality standards program to be administered by the Indian Tribe pertains to the management and protection of water resources which are within the borders of the Indian reservation and held by the Indian Tribe, within the borders of the Indian reservation and held by the United States in trust for Indians, within the borders of the Indian reservation and held by a member of the Indian Tribe if such property interest is subject to a trust restriction on alienation, or otherwise within the borders of the Indian reservation, and

(4) The Indian Tribe is reasonably expected to be capable, in the Regional Administrator's judgment, of carrying out the functions of an effective water quality standards program in a manner consistent with the terms and purposes of the Act and applicable regulations.

(b) Requests by Indian Tribes for administration of a water quality standards program should be submitted to the lead EPA Regional Administrator. The application shall include the following information:

(1) A statement that the Tribe is recognized by the Secretary of the Interior.

(2) A descriptive statement demonstrating that the Tribal governing body is currently carrying out substantial governmental duties and powers over a defined area. The statement should:

(i) Describe the form of the Tribal government;

(ii) Describe the types of governmental functions currently performed by the Tribal governing body such as, but not limited to, the exercise of police powers affecting (or relating to) the health, safety, and welfare of the affected population, taxation, and the exercise of the power of eminent domain; and

(iii) Identify the source of the Tribal government's authority to carry out the governmental functions currently being performed.

(3) A descriptive statement of the Indian Tribe's authority to regulate water quality. The statement should include:

(i) A map or legal description of the area over which the Indian Tribe asserts authority to regulate surface water quality;

(ii) A statement by the Tribe's legal counsel (or equivalent official) which describes the basis for the Tribes assertion of authority and which may include a copy of documents such as Tribal constitutions, by-laws, charters, executive orders, codes, ordinances, and/or resolutions which support the Tribe's assertion of authority; and

(iii) An identification of the surface waters for which the Tribe proposes to establish water quality standards.

(4) A narrative statement describing the capability of the Indian Tribe to administer an effective water quality standards program. The narrative statement should include:

(i) A description of the Indian Tribe's previous management experience which may include the administration of programs and services authorized by the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.), the Indian Mineral Development Act (25 U.S.C. 2101 et seq.), or the Indian Sanitation Facility Construction Activity Act (42 U.S.C. 2004a);

(ii) A list of existing environmental or public health programs administered by the Tribal governing body and copies of related Tribal laws, policies, and regulations;

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

(iv) A description of the existing, or proposed, agency of the Indian Tribe which will assume primary responsibility for establishing, reviewing, implementing and revising water quality standards;

(v) A description of the technical and administrative capabilities of the staff to administer and manage an effective water quality standards program or a plan which proposes how the Tribe will acquire additional administrative and technical expertise. The plan must address how the Tribe will obtain the funds to acquire the administrative and technical expertise.

(5) Additional documentation required by the Regional Administrator which, in the judgment of the Regional Administrator, is necessary to support a Tribal application.

(6) Where the Tribe has previously qualified for eligibility or “treatment as a state” under a Clean Water Act or Safe Drinking Water Act program, the Tribe need only provide the required information which has not been submitted in a previous application.

(c) Procedure for processing an Indian Tribe's application. (1) The Regional Administrator shall process an application of an Indian Tribe submitted pursuant to §131.8(b) in a timely manner. He shall promptly notify the Indian Tribe of receipt of the application.

(2) Within 30 days after receipt of the Indian Tribe's application the Regional Administrator shall provide appropriate notice. Notice shall:

(i) Include information on the substance and basis of the Tribe's assertion of authority to regulate the quality of reservation waters; and

(ii) Be provided to all appropriate governmental entities.

(3) The Regional Administrator shall provide 30 days for comments to be submitted on the Tribal application. Comments shall be limited to the Tribe's assertion of authority.

(4) If a Tribe's asserted authority is subject to a competing or conflicting claim, the Regional Administrator, after due consideration, and in consideration of other comments received, shall determine whether the Tribe has adequately demonstrated that it meets the requirements of §131.8(a)(3).

(5) Where the Regional Administrator determines that a Tribe meets the requirements of this section, he shall promptly provide written notification to the Indian Tribe that the Tribe is authorized to administer the Water Quality Standards program.

[56 FR 64895, Dec. 12, 1991, as amended at 59 FR 64344, Dec. 14, 1994]

Subpart B—Establishment of Water Quality Standards

§131.10   Designation of uses.

(a) Each State must specify appropriate water uses to be achieved and protected. The classification of the waters of the State must take into consideration the use and value of water for public water supplies, protection and propagation of fish, shellfish and wildlife, recreation in and on the water, agricultural, industrial, and other purposes including navigation. In no case shall a State adopt waste transport or waste assimilation as a designated use for any waters of the United States.

(b) In designating uses of a water body and the appropriate criteria for those uses, the State shall take into consideration the water quality standards of downstream waters and shall ensure that its water quality standards provide for the attainment and maintenance of the water quality standards of downstream waters.

(c) States may adopt sub-categories of a use and set the appropriate criteria to reflect varying needs of such sub-categories of uses, for instance, to differentiate between cold water and warm water fisheries.

(d) At a minimum, uses are deemed attainable if they can be achieved by the imposition of effluent limits required under sections 301(b) and 306 of the Act and cost-effective and reasonable best management practices for nonpoint source control.

(e) Prior to adding or removing any use, or establishing sub-categories of a use, the State shall provide notice and an opportunity for a public hearing under §131.20(b) of this regulation.

(f) States may adopt seasonal uses as an alternative to reclassifying a water body or segment thereof to uses requiring less stringent water quality criteria. If seasonal uses are adopted, water quality criteria should be adjusted to reflect the seasonal uses, however, such criteria shall not preclude the attainment and maintenance of a more protective use in another season.

(g) States may remove a designated use which is not an existing use, as defined in §131.3, or establish sub-categories of a use if the State can demonstrate that attaining the designated use is not feasible because:

(1) Naturally occurring pollutant concentrations prevent the attainment of the use; or

(2) Natural, ephemeral, intermittent or low flow conditions or water levels prevent the attainment of the use, unless these conditions may be compensated for by the discharge of sufficient volume of effluent discharges without violating State water conservation requirements to enable uses to be met; or

(3) Human caused conditions or sources of pollution prevent the attainment of the use and cannot be remedied or would cause more environmental damage to correct than to leave in place; or

(4) Dams, diversions or other types of hydrologic modifications preclude the attainment of the use, and it is not feasible to restore the water body to its original condition or to operate such modification in a way that would result in the attainment of the use; or

(5) Physical conditions related to the natural features of the water body, such as the lack of a proper substrate, cover, flow, depth, pools, riffles, and the like, unrelated to water quality, preclude attainment of aquatic life protection uses; or

(6) Controls more stringent than those required by sections 301(b) and 306 of the Act would result in substantial and widespread economic and social impact.

(h) States may not remove designated uses if:

(1) They are existing uses, as defined in §131.3, unless a use requiring more stringent criteria is added; or

(2) Such uses will be attained by implementing effluent limits required under sections 301(b) and 306 of the Act and by implementing cost-effective and reasonable best management practices for nonpoint source control.

(i) Where existing water quality standards specify designated uses less than those which are presently being attained, the State shall revise its standards to reflect the uses actually being attained.

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

(1) The State designates or has designated uses that do not include the uses specified in section 101(a)(2) of the Act, or

(2) The State wishes to remove a designated use that is specified in section 101(a)(2) of the Act or to adopt subcategories of uses specified in section 101(a)(2) of the Act which require less stringent criteria.

(k) A State is not required to conduct a use attainability analysis under this regulation whenever designating uses which include those specified in section 101(a)(2) of the Act.

§131.11   Criteria.

(a) Inclusion of pollutants: (1) States must adopt those water quality criteria that protect the designated use. Such criteria must be based on sound scientific rationale and must contain sufficient parameters or constituents to protect the designated use. For waters with multiple use designations, the criteria shall support the most sensitive use.

(2) Toxic pollutants. States must review water quality data and information on discharges to identify specific water bodies where toxic pollutants may be adversely affecting water quality or the attainment of the designated water use or where the levels of toxic pollutants are at a level to warrant concern and must adopt criteria for such toxic pollutants applicable to the water body sufficient to protect the designated use. Where a State adopts narrative criteria for toxic pollutants to protect designated uses, the State must provide information identifying the method by which the State intends to regulate point source discharges of toxic pollutants on water quality limited segments based on such narrative criteria. Such information may be included as part of the standards or may be included in documents generated by the State in response to the Water Quality Planning and Management Regulations (40 CFR part 35).

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

(1) Establish numerical values based on:

(i) 304(a) Guidance; or

(ii) 304(a) Guidance modified to reflect site-specific conditions; or

(iii) Other scientifically defensible methods;

(2) Establish narrative criteria or criteria based upon biomonitoring methods where numerical criteria cannot be established or to supplement numerical criteria.

§131.12   Antidegradation policy.

(a) The State shall develop and adopt a statewide antidegradation policy and identify the methods for implementing such policy pursuant to this subpart. The antidegradation policy and implementation methods shall, at a minimum, be consistent with the following:

(1) Existing instream water uses and the level of water quality necessary to protect the existing uses shall be maintained and protected.

(2) Where the quality of the waters exceed 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 State finds, after full satisfaction of the intergovernmental coordination and public participation provisions of the State's 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 State shall assure water quality adequate to protect existing uses fully. Further, the State 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.

(3) Where high quality waters constitute an outstanding National resource, such as waters of National and State parks and wildlife refuges and waters of exceptional recreational or ecological significance, that water quality shall be maintained and protected.

(4) In those cases where potential water quality impairment associated with a thermal discharge is involved, the antidegradation policy and implementing method shall be consistent with section 316 of the Act.

§131.13   General policies.

States may, at their discretion, include in their State standards, policies generally affecting their application and implementation, such as mixing zones, low flows and variances. Such policies are subject to EPA review and approval.

Subpart C—Procedures for Review and Revision of Water Quality Standards

§131.20   State review and revision of water quality standards.

(a) State review. The State shall from time to time, but at least once every three years, hold public hearings for the purpose of reviewing applicable water quality standards and, as appropriate, modifying and adopting standards. Any water body segment with water quality standards that do not include the uses specified in section 101(a)(2) of the Act shall be re-examined every three years to determine if any new information has become available. If such new information indicates that the uses specified in section 101(a)(2) of the Act are attainable, the State shall revise its standards accordingly. Procedures States establish for identifying and reviewing water bodies for review should be incorporated into their Continuing Planning Process.

(b) Public participation. The State shall hold a public hearing for the purpose of reviewing water quality standards, in accordance with provisions of State law, EPA's water quality management regulation (40 CFR 130.3(b)(6)) and public participation regulation (40 CFR part 25). The proposed water quality standards revision and supporting analyses shall be made available to the public prior to the hearing.

(c) Submittal to EPA. The State shall submit the results of the review, any supporting analysis for the use attainability analysis, the methodologies used for site-specific criteria development, any general policies applicable to water quality standards and any revisions of the standards to the Regional Administrator for review and approval, within 30 days of the final State action to adopt and certify the revised standard, or if no revisions are made as a result of the review, within 30 days of the completion of the review.

§131.21   EPA review and approval of water quality standards.

(a) After the State submits its officially adopted revisions, the Regional Administrator shall either:

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

(2) Notify the State within 90 days that the revisions are disapproved. Such notification of disapproval shall specify the changes needed to assure compliance with the requirements of the Act and this regulation, and shall explain why the State standard is not in compliance with such requirements. Any new or revised State standard must be accompanied by some type of supporting analysis.

(b) The Regional Administrator's approval or disapproval of a State water quality standard shall be based on the requirements of the Act as described in §§131.5 and 131.6, and, with respect to Great Lakes States or Tribes (as defined in 40 CFR 132.2), 40 CFR part 132.

(c) How do I determine which water quality standards are applicable for purposes of the Act? You may determine which water quality standards are applicable water quality standards for purposes of the Act from the following table:

If—Then—Unless or until—In which case—
(1) A State or authorized Tribe has adopted a water quality standard that is effective under State or Tribal law and has been submitted to EPA before May 30, 2000  .  .  .  .  .  the State or Tribe's water quality standard is the applicable water quality standard for purposes of the Act  .  .  .  .  .  EPA has promulgated a more stringent water quality standard for the State or Tribe that is in effect  .  .  .  .  .  the EPA-promulgated water quality standard is the applicable water quality standard for purposes of the Act until EPA withdraws the Federal water quality standard.
(2) A State or authorized Tribe adopts a water quality standard that goes into effect under State or Tribal law on or after May 30, 2000  .  .  .  .  .  once EPA approves that water quality standard, it becomes the applicable water quality standard for purposes of the Act  .  .    .  .  .  EPA has promulgated a more stringent water quality standard for the State or Tribe that is in effect  .  .  .  .  .  the EPA promulgated water quality standard is the applicable water quality standard for purposes of the Act until EPA withdraws the Federal water quality standard.

(d) When do I use the applicable water quality standards identified in paragraph (c) above? Applicable water quality standards for purposes of the Act are the minimum standards which must be used when the CWA and regulations implementing the CWA refer to water quality standards, for example, in identifying impaired waters and calculating TMDLs under section 303(d), developing NPDES permit limitations under section 301(b)(1)(C), evaluating proposed discharges of dredged or fill material under section 404, and in issuing certifications under section 401 of the Act.

(e) For how long does an applicable water quality standard for purposes of the Act remain the applicable water quality standard for purposes of the Act? A State or authorized Tribe's applicable water quality standard for purposes of the Act remains the applicable standard until EPA approves a change, deletion, or addition to that water quality standard, or until EPA promulgates a more stringent water quality standard.

(f) How can I find out what the applicable standards are for purposes of the Act? In each Regional office, EPA maintains a docket system for the States and authorized Tribes in that Region, available to the public, identifying the applicable water quality standards for purposes of the Act.

[48 FR 51405, Nov. 8, 1983, as amended at 60 FR 15387, Mar. 23, 1995; 65 FR 24653, Apr. 27, 2000]

§131.22   EPA promulgation of water quality standards.

(a) If the State does not adopt the changes specified by the Regional Administrator within 90 days after notification of the Regional Administrator's disapproval, the Administrator shall promptly propose and promulgate such standard.

(b) The Administrator may also propose and promulgate a regulation, applicable to one or more States, setting forth a new or revised standard upon determining such a standard is necessary to meet the requirements of the Act.

(c) In promulgating water quality standards, the Administrator is subject to the same policies, procedures, analyses, and public participation requirements established for States in these regulations.

Subpart D—Federally Promulgated Water Quality Standards

§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: Missouri
Subbasin: Independence-Sugar
Whiskey 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: Cimarron
Subbasin: Upper Cimarron-Bluff
Big 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 Chief
Anderson Creek1105000139Primary Contact Recreation
Basin: Kansas/Lower Republican
Subbasin: Middle Republican
Antelope 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 Republican
Cool Creek1025001750Secondary Contact Recreation
Elm Creek, West Branch1025001759Secondary Contact Recreation
Gar Creek1025001712Primary Contact Recreation
Mud Creek1025001763Secondary Contact Recreation
Turkey Creek1025001751Secondary Contact Recreation
Subbasin: Upper Kansas
Dry 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 Kansas
Adams 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: Delaware
Banner 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 Kansas
Baldwin 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 Blue
Ackerman 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 Blue
Dry Creek1027020641Secondary Contact Recreation
Subbasin: Lower Little Blue
Ash 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 Arkansas
Subbasin: Rattlesnake
Spring Creek110300097Secondary Contact Recreation
Subbasin: Gar-Peace
Gar Creek110300108Primary Contact Recreation
Subbasin: Cow
Blood 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 Arkansas
Beaver 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—Slate
Antelope 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 Ninnescah
Crow 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 Ninnescah
Coon 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: Ninnescah
Afton 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 Lake
Blue 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 Arkansas
Ash 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 Lodge
Amber 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 Arkansas
Camp 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: Chikaskia
Allen 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 Cygnes
Subbasin: Upper Marais Des Cygnes
Appanoose 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 Cygnes
Buck 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 Osage
Clever 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: Marmaton
Buck 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 Grand
Harless Creek1029010867Primary Contact Recreation
Poney Creek1029010848Primary Contact Recreation
Basin: Missouri
Subbasin: Tarkio-Wolf
Cold 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 Nemaha
Burger 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 Nemaha
Noharts Creek1024000842Primary Contact Recreation
Pedee Creek1024000841Primary Contact Recreation
Pony Creek1024000838Primary Contact Recreation
Roys Creek1024000840Primary Contact Recreation
Subbasin: Independence—Sugar
Brush 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—Crooked
Brush 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: Neosho
Subbasin: Neosho Headwaters
Allen 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 Cottonwood
Antelope 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 Cottonwood
Beaver 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 Neosho
Badger 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 Neosho
Bachelor 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 Cherokees
Fourmile Creek1107020618Primary Contact Recreation
Tar Creek1107020619Primary Contact Recreation
Subbasin: Spring
Little Shawnee Creek1107020722Primary Contact Recreation
Long Branch1107020721Primary Contact Recreation
Shawnee Creek1107020717Primary Contact Recreation
Taylor Branch1107020725Primary Contact Recreation
Willow Creek1107020720Primary Contact Recreation
Basin: Smoky Hill/Saline
Subbasin: Middle Smoky Hill
Ash 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 Hill
Basket 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 Saline
Cedar 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 Saline
Bacon 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: Solomon
Subbasin: Upper North Fork Solomon
Ash 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 Solomon
Beaver 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 Solomon
Spring Creek102600135Primary Contact Recreation
Subbasin: Lower South Fork Solomon
Ash 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 River
Cow 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 Arkansas
Subbasin: Buckner
Buckner 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 Creek
Alexander 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 Republican
Subbasin: South Fork Republican
Big Timber Creek1025000361Secondary Contact Recreation
Subbasin: Beaver
Beaver Creek102500142Secondary Contact Recreation
Basin: Verdigris
Subbasin: Upper Verdigris
Bachelor 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: Fall
Battle 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 Verdigris
Big 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: Elk
Bachelor 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: Caney
Bachelor 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: Walnut
Subbasin: Upper Walnut River
Badger 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 River
Black 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 nameCountyDesignated use
Basin: Cimarron
Subbasin: 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 Republican
Subbasin: 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 Arkansas
Subbasin: 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 Cygnes
Subbasin: 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: Missouri
Subbasin: 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: Neosho
Subbasin: 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/Saline
Subbasin: Lower Smoky Hill (HUC 10260008)
Herington City Park LakeDICKINSONPrimary Contact Recreation
Herington ReservoirDICKINSONPrimary Contact Recreation
Basin: Solomon
Subbasin: 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 Arkansas
Subbasin: 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: Verdigris
Subbasin: 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: Walnut
Subbasin: Lower Walnut River (HUC 11030018)
Butler County State Fishing LakeBUTLERPrimary Contact Recreation
Winfield Park LagoonCOWLEYPrimary Contact Recreation
Total = 100

(c) Water quality standard variances. (1) 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 this paragraph (c) are met. A water quality standard variance applies only to the permittee requesting the variance and only to the pollutant or pollutants specified in the variance; the underlying water quality standard otherwise remains in effect.

(2) A water quality standard variance shall not be granted if:

(i) Standards will be attained by implementing effluent limitations required under sections 301(b) and 306 of the CWA and by the permittee implementing reasonable best management practices for nonpoint source control; or

(ii) The variance would likely jeopardize the continued existence of any threatened or endangered species listed under section 4 of the Endangered Species Act or result in the destruction or adverse modification of such species' critical habitat.

(3) Subject to paragraph (c)(2) of this section, a water quality standards variance may be granted if the applicant demonstrates to EPA that attaining the water quality standard is not feasible because:

(i) Naturally occurring pollutant concentrations prevent the attainment of the use; or

(ii) Natural, ephemeral, intermittent or low flow conditions or water levels prevent the attainment of the use, unless these conditions may be compensated for by the discharge of sufficient volume of effluent discharges without violating State water conservation requirements to enable uses to be met; or

(iii) Human caused conditions or sources of pollution prevent the attainment of the use and cannot be remedied or would cause more environmental damage to correct than to leave in place; or

(iv) Dams, diversions or other types of hydrologic modifications preclude the attainment of the use, and it is not feasible to restore the water body to its original condition or to operate such modification in a way which would result in the attainment of the use; or

(v) Physical conditions related to the natural features of the water body, such as the lack of a proper substrate, cover, flow, depth, pools, riffles, and the like unrelated to water quality, preclude attainment of aquatic life protection uses; or

(vi) Controls more stringent than those required by sections 301(b) and 306 of the CWA would result in substantial and widespread economic and social impact.

(4) Procedures. An applicant for a water quality standards variance shall submit a request to the Regional Administrator of EPA Region 7. The application shall include all relevant information showing that the requirements for a variance have been satisfied. The burden is on the applicant to demonstrate to EPA's satisfaction that the designated use is unattainable for one of the reasons specified in paragraph (c)(3) of this section. If the Regional Administrator preliminarily determines that grounds exist for granting a variance, he shall provide public notice of the proposed variance and provide an opportunity for public comment. Any activities required as a condition of the Regional Administrator's granting of a variance shall be included as conditions of the NPDES permit for the applicant. These terms and conditions shall be incorporated into the applicant's NPDES permit through the permit reissuance process or through a modification of the permit pursuant to the applicable permit modification provisions of Kansas' NPDES program

(5) A variance may not exceed 3 years or the term of the NPDES permit, whichever is less. A variance may be renewed if the applicant reapplies and demonstrates that the use in question is still not attainable. Renewal of the variance may be denied if the applicant did not comply with the conditions of the original variance, or otherwise does not meet the requirements of this section.

[68 FR 40442, July 7, 2003]

§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 stages1 2 Other life stages
7 day mean9.5 (6.5)3NA
1 day minimum48.0 (5.0)6.5

1These 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.

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

3NA (not applicable)

4All 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 mean1NA1NA
7 day mean minimum5.04.0
1 day minimum24.03.0

1NA (not applicable).

2All 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   Toxics criteria for those states not complying with Clean Water Act section 303(c)(2)(B).

(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.

AB
Freshwater
C
Saltwater
D
Human Health
(10−6 risk for carcinogens)
For consumption of:
(#) CompoundCAS NumberCriterion
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
Cadmium1.128-3.8280.7852-3.490a0.944a0.909
Chromium (III)0.81903.6880.81901.5610.3160.860
Copper0.9422-1.4640.8545-1.4650.9600.960
Lead1.273-1.4601.273-4.705a0.791a0.791
Nickel0.84603.36120.84601.16450.9980.997
Silver1.72-6.52bN/AbN/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:

aThe 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)]

bNo 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 Life
Acute criteria (CMC)1 Q 10 or 1 B 3
Chronic criteria (CCC)7 Q 10 or 4 B 3
Human Health
Non-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 classificationApplicable 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 classificationApplicable 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 classificationApplicable 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]

(14) Washington, EPA Region 10. (i) All waters assigned to the following use classifications in the Washington Administrative Code (WAC), Chapter 173-201 (i.e., identified in WAC 173-201-045) are subject to the criteria in paragraph (d)(14)(ii) of this section, without exception:

173-201-045

Fish and Shellfish

Fish

Water Supply (domestic)

Recreation

(ii) The following criteria from the matrix in paragraph (b)(1) of this section apply to the use classifications identified in paragraph (d)(14)(i) of this section:

Use classification Applicable criteria
Fish and Shellfish; FishThese classifications are assigned the criteria in: Column D2—all.
Water Supply (domestic)These classifications are assigned the criteria in: Column D1—all.
RecreationThis classification is assigned the criteria in: Column D2—Marine waters and freshwaters not protected for domestic water supply.

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

[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.fdsys.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+eK)

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 XChipps IslandRoe Island (if triggered)
ABAB
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

1Coefficients 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:

LocationSampling site Nos (I--A/RKI)ParameterDescriptionIndex typeSan Joaquin Valley IndexDatesValues
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:

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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 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. 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. ug/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 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 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 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 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. 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 (“NTR”), at §131.36. The specific waters to which the NTR 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 NTR for this criterion.

p. A criterion of 20 ug/l was promulgated for specific waters in California in the NTR and was promulgated in the total recoverable form. The specific waters to which the NTR 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 NTR for this criterion. The State of California adopted and 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 NTR and was promulgated in the total recoverable form. The specific waters to which the NTR 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 NTR for these waters. This criterion applies to additional waters of the United States in the State of California pursuant to 40 CFR 131.38(c). The State of California adopted and 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 NTR. The specific waters to which the NTR 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 NTR for these criteria.

s. These criteria were promulgated for specific waters in California in the NTR. The specific waters to which the NTR 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 NTR for these criteria.

t. These criteria were promulgated for specific waters in California in the NTR. The specific waters to which the NTR 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 NTR 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 EPA has approved site specific criteria for the Sacramento River (and tributaries) above Hamilton City; therefore, these criteria do not apply to these waters.

General notes to table in paragraph (b)(1)

1. The table in this paragraph (b)(1) lists all of 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. 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 mA bA mC bC
Cadmium1.128−3.68670.7852−2.715
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 CFa for saltwater chronic criteria
Antimony(d)(d)(d)(d)
Arsenic1.0001.0001.0001.000
Beryllium(d)(d)(d)(d)
Cadmiumb0.944b0.9090.9940.994
Chromium (III)0.3160.860(d)(d)
Chromium (VI)0.9820.9620.9930.993
Copper0.9600.9600.830.83
Leadb0.791b0.7910.9510.951
Mercury
Nickel0.9980.9970.9900.990
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):

aConversion 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.

bConversion 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.

cBioaccumulative compound and inappropriate to adjust to percent dissolved.

dEPA 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]

Editorial Note: At 66 FR 9961, Feb. 13, 2001, §131.38 was amended in the table to paragraph (b)(1) under the column heading for “B Freshwater” by revising the column headings for “Criterion Maximum Concentration” and “Criterion Continuous Concentration”; under the column heading for “C Saltwater” by revising the column headings for “Criterion Maximum Concentration” and “Criterion Continuous Concentration”; and by revising entries “23.” and “67.”, effective Feb. 13, 2001. However, this is a photographed table and the amendments could not be incorporated into the text. For the convenience of the user, the amended text is set forth as follows:

§131.38   Establishment of Numeric Criteria for priority toxic pollutants for the State of California.

*   *   *   *   *

(b)(1) *  *  *

A B
Freshwater
C
Saltwater
D
Human health (10−6) risk for carcinogens)
For consumption of:
# Compound CAS
number
Criterion
maximum
conc. (µg/L)d
B1
Criterion
continous
conc. (µg/L)d
B2
Criterion
maximum
conc. (µg/L)d
C1
Criterion
continious
conc. (µg/L)d
C2
Water &
organisms
(µg/L)
D1
Organisms
only
(µg/L)
D2
   
*                           *                           *                           *                           *                           *                           *
23. Chlorodibromomethane124481a c0.41a c34
*                           *                           *                           *                           *                           *                           *
67. Bis(2-Chloroisopropyl)Ether108601a1,400a t170,000
*                           *                           *                           *                           *                           *                           *

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

*                           *                           *                           *                           *                           *                           *

aCriteria 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.

cCriteria are based on carcinogenicity of 10−6 risk.

dCriteria 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.

*                           *                           *                           *                           *                           *                           *

tThese criteria were promulgated for specific waters in California in the NTR. The specific waters to which the NTR 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 NTR for these criteria.

*   *   *   *   *

§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. (1) 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 this paragraph (c) are met. A water quality standard variance applies only to the permittee requesting the variance and only to the pollutant or pollutants specified in the variance; the underlying water quality standard otherwise remains in effect.

(2) A water quality standard variance shall not be granted if:

(i) Standards will be attained by implementing effluent limitations required under sections 301(b) and 306 of the CWA and by the permittee implementing reasonable best management practices for nonpoint source control; or

(ii) The variance would likely jeopardize the continued existence of any threatened or endangered species listed under section 4 of the Endangered Species Act or result in the destruction or adverse modification of such species' critical habitat.

(3) A water quality standards variance may be granted if the applicant demonstrates to EPA that attaining the water quality standard is not feasible because:

(i) Naturally occurring pollutant concentrations prevent the attainment of the use;

(ii) Natural, ephemeral, intermittent or low flow conditions or water levels prevent the attainment of the use, unless these conditions may be compensated for by the discharge of sufficient volume of effluent discharges without violating Commonwealth water conservation requirements to enable uses to be met;

(iii) Human caused conditions or sources of pollution prevent the attainment of the use and cannot be remedied or would cause more environmental damage to correct than to leave in place;

(iv) Dams, diversions or other types of hydrologic modifications preclude the attainment of the use, and it is not feasible to restore the waterbody to its original condition or to operate such modification in a way which would result in the attainment of the use;

(v) Physical conditions related to the natural features of the waterbody, such as the lack of a proper substrate, cover, flow, depth, pools, riffles, and the like unrelated to water quality, preclude attainment of aquatic life protection uses; or

(vi) Controls more stringent than those required by sections 301(b) and 306 of the CWA would result in substantial and widespread economic and social impact.

(4) Procedures. An applicant for a water quality standards variance shall submit a request to the Regional Administrator of EPA Region 2. The application shall include all relevant information showing that the requirements for a variance have been met. The applicant must demonstrate that the designated use is unattainable for one of the reasons specified in paragraph (c)(3) of this section. If the Regional Administrator preliminarily determines that grounds exist for granting a variance, he/she shall provide public notice of the proposed variance and provide an opportunity for public comment. Any activities required as a condition of the Regional Administrator's granting of a variance shall be included as conditions of the NPDES permit for the applicant. These terms and conditions shall be incorporated into the applicant's NPDES permit through the permit reissuance process or through a modification of the permit pursuant to the applicable permit modification provisions of Puerto Rico's NPDES program.

(5) A variance may not exceed five years or the term of the NPDES permit, whichever is less. A variance may be renewed if the applicant reapplies and demonstrates that the use in question is still not attainable. Renewal of the variance may be denied if the applicant did not comply with the conditions of the original variance, or otherwise does not meet the requirements of this section.

[69 FR 3524, Jan. 26, 2004]

§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
Indicatord
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. colie126/100 milab235b298b409b575
Enterococcie33/100 mlcb61b78b107b151

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)
Enterococcic35/100 mlab104b158b276b501

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   Florida.

Link to an amendment published at 79 FR 57450, September 25, 2014.

(a) Scope. This section promulgates numeric criteria for nitrogen/phosphorus pollution for Class I and Class III waters in the State of Florida. This section also contains provisions for site-specific alternative criteria.

(b) Definitions—(1) Canal means a trench, the bottom of which is normally covered by water with the upper edges of its two sides normally above water.

(2) Clear, high-alkalinity lake means a lake with long-term color less than or equal to 40 Platinum Cobalt Units (PCU) and Alkalinity greater than 20 mg/L CaCO3.

(3) Clear, low-alkalinity lake means a lake with long-term color less than or equal to 40 PCU and alkalinity less than or equal to 20 mg/L CaCO3.

(4) Colored lake means a lake with long-term color greater than 40 PCU.

(5) Lake means a slow-moving or standing body of freshwater that occupies an inland basin that is not a stream, spring, or wetland.

(6) Lakes and flowing waters means inland surface waters that have been classified as Class I (Potable Water Supplies) or Class III (Recreation, Propagation and Maintenance of a Healthy, Well-Balanced Population of Fish and Wildlife) water bodies pursuant to Rule 62-302.400, F.A.C., excluding wetlands, and are predominantly fresh waters.

(7) Nutrient watershed region means an area of the State, corresponding to drainage basins and differing geological conditions affecting nutrient levels, as delineated in Table 2.

(8) Predominantly fresh waters means surface waters in which the chloride concentration at the surface is less than 1,500 milligrams per liter.

(9) South Florida Region means those areas south of Lake Okeechobee and the Caloosahatchee River watershed to the west of Lake Okeechobee and the St. Lucie watershed to the east of Lake Okeechobee.

(10) Spring means a site at which ground water flows through a natural opening in the ground onto the land surface or into a body of surface water.

(11) State means the State of Florida, whose transactions with the U.S. EPA in matters related to 40 CFR 131.43 are administered by the Secretary, or officials delegated such responsibility, of the Florida Department of Environmental Protection (FDEP), or successor agencies.

(12) Stream means a free-flowing, predominantly fresh surface water in a defined channel, and includes rivers, creeks, branches, canals, freshwater sloughs, and other similar water bodies.

(13) Surface water means water upon the surface of the earth, whether contained in bounds created naturally or artificially or diffused. Water from natural springs shall be classified as surface water when it exits from the spring onto the Earth's surface.

(c) Criteria for Florida waters—(1) Criteria for lakes. (i) The applicable criteria for chlorophyll a, total nitrogen (TN), and total phosphorus (TP) for lakes within each respective lake class are shown on Table 1.

Table 1

ABC
Lake Colora
and Alkalinity
Chl-a
(mg/L)b*
TN
(mg/L)
TP
(mg/L)
Colored Lakesc0.0201.27
[1.27-2.23]
0.05
[0.05-0.16]
Clear Lakes,
High Alkalinityd
0.0201.05
[1.05-1.91]
0.03
[0.03-0.09]
Clear Lakes,
Low Alkalinitye
0.0060.51
[0.51-0.93]
0.01
[0.01-0.03]

aPlatinum Cobalt Units (PCU) assessed as true color free from turbidity.

bChlorophyll a is defined as corrected chlorophyll, or the concentration of chlorophyll a remaining after the chlorophyll degradation product, phaeophytin a, has been subtracted from the uncorrected chlorophyll a measurement.

cLong-term Color >40 Platinum Cobalt Units (PCU)

dLong-term Color ≤40 PCU and Alkalinity >20 mg/L CaCO3

e Long-term Color ≤40 PCU and Alkalinity ≤20 mg/L CaCO3

*For a given waterbody, the annual geometric mean of chlorophyll a, TN or TP concentrations shall not exceed the applicable criterion concentration more than once in a three-year period.

(ii) Baseline criteria apply unless the State determines that modified criteria within the range indicated in Table 1 apply to a specific lake. Once established, modified criteria are the applicable criteria for all CWA purposes. The State may use this procedure one time for a specific lake in lieu of the site-specific alternative criteria procedure described in paragraph (e) of this section.

(A) The State may calculate modified criteria for TN and/or TP where the chlorophyll a criterion-magnitude as an annual geometric mean has not been exceeded and sufficient ambient monitoring data exist for chlorophyll a and TN and/or TP for at least the three immediately preceding years. Sufficient data include at least four measurements per year, with at least one measurement between May and September and one measurement between October and April each year.

(B) Modified criteria are calculated using data from years in which sufficient data are available to reflect maintenance of ambient conditions. Modified TN and/or TP criteria may not be greater than the higher value specified in the range of values in column C of Table 1 in paragraph (c)(1)(i) of this section. Modified TP and TN criteria may not exceed criteria applicable to streams to which a lake discharges.

(C) The State shall notify the public and maintain a record of these modified lake criteria, as well as a record supporting their derivation. The State shall notify EPA Region 4 and provide the supporting record within 30 days of determination of modified lake criteria.

(2) Criteria for streams. (i) The applicable instream protection value (IPV) criteria for total nitrogen (TN) and total phosphorus (TP) for streams within each respective nutrient watershed region are shown on Table 2.

Table 2

Nutrient watershed regionInstream protection value criteria
TN
(mg/L)*
TP
(mg/L)*
Panhandle Westa0.670.06
Panhandle East b1.030.18
North Central c1.870.30
West Central d1.650.49
Peninsula e1.540.12

Watersheds pertaining to each Nutrient Watershed Region (NWR) were based principally on the NOAA coastal, estuarine, and fluvial drainage areas with modifications to the NOAA drainage areas in the West Central and Peninsula Regions that account for unique watershed geologies. For more detailed information on regionalization and which WBIDs pertain to each NWR, see the Technical Support Document.

aPanhandle West region includes: Perdido Bay Watershed, Pensacola Bay Watershed, Choctawhatchee Bay Watershed, St. Andrew Bay Watershed, and Apalachicola Bay Watershed.

bPanhandle East region includes: Apalachee Bay Watershed, and Econfina/Steinhatchee Coastal Drainage Area.

cNorth Central region includes the Suwannee River Watershed.

dWest Central region includes: Peace, Myakka, Hillsborough, Alafia, Manatee, Little Manatee River Watersheds, and small, direct Tampa Bay tributary watersheds south of the Hillsborough River Watershed.

ePeninsula region includes: Waccasassa Coastal Drainage Area, Withlacoochee Coastal Drainage Area, Crystal/Pithlachascotee Coastal Drainage Area, small, direct Tampa Bay tributary watersheds west of the Hillsborough River Watershed, Sarasota Bay Watershed, small, direct Charlotte Harbor tributary watersheds south of the Peace River Watershed, Caloosahatchee River Watershed, Estero Bay Watershed, Kissimmee River/Lake Okeechobee Drainage Area, Loxahatchee/St. Lucie Watershed, Indian River Watershed, Daytona/St. Augustine Coastal Drainage Area, St. John's River Watershed, Nassau Coastal Drainage Area, and St. Mary's River Watershed.

*For a given waterbody, the annual geometric mean of TN or TP concentrations shall not exceed the applicable criterion concentration more than once in a three-year period.

(ii) Criteria for protection of downstream lakes. (A) The applicable criteria for streams that flow into downstream lakes include both the instream criteria for total phosphorus (TP) and total nitrogen (TN) in Table 2 in paragraph (c)(2)(i) and the downstream protection value (DPV) for TP and TN derived pursuant to the provisions of this paragraph. A DPV for stream tributaries (up to the point of reaching water bodies that are not streams as defined by this rule) that flow into a downstream lake is either the allowable concentration or the allowable loading of TN and/or TP applied at the point of entry into the lake. The applicable DPV for any stream shall be determined pursuant to paragraphs (c)(2)(ii)(B), (C), or (D) of this section. Contributions from stream tributaries upstream of the point of entry location must result in attainment of the DPV at the point of entry into the lake. If the DPV is not attained at the point of entry into the lake, then the collective set of streams in the upstream watershed does not attain the DPV, which is an applicable water quality criterion for the water segments in the upstream watershed. The State or EPA may establish additional DPVs at upstream tributary locations that are consistent with attaining the DPV at the point of entry into the lake. The State or EPA also have discretion to establish DPVs to account for a larger watershed area (i.e., include waters beyond the point of reaching water bodies that are not streams as defined by this rule).

(B) In instances where available data and/or resources provide for use of a scientifically defensible and protective lake-specific application of the BATHTUB model, the State or EPA may derive the DPV for TN and/or TP from use of a lake-specific application of BATHTUB. The State and EPA are authorized to use a scientifically defensible technical model other than BATHTUB upon demonstration that use of another scientifically defensible technical model would protect the lake's designated uses and meet all applicable criteria for the lake. The State or EPA may designate the wasteload and/or load allocations from a TMDL established or approved by EPA as DPV(s) if the allocations from the TMDL will protect the lake's designated uses and meet all applicable criteria for the lake.

(C) When the State or EPA has not derived a DPV for a stream pursuant to paragraph (c)(2)(ii)(B) of this section, and where the downstream lake attains the applicable chlorophyll a criterion and the applicable TP and/or TN criteria, then the DPV for TN and/or TP is the associated ambient instream levels of TN and/or TP at the point of entry to the lake. Degradation in water quality from the DPV pursuant to this paragraph is to be considered nonattainment of the DPV, unless the DPV is adjusted pursuant to paragraph (c)(2)(ii)(B) of this section.

(D) When the State or EPA has not derived a DPV pursuant to paragraph (c)(2)(ii)(B) of this section, and where the downstream lake does not attain applicable chlorophyll a criterion or the applicable TN and/or TP criteria, or has not been assessed, then the DPV for TN and/or TP is the applicable TN and/or TP criteria for the downstream lake.

(E) The State and EPA shall maintain a record of DPVs they derive based on the methods described in paragraphs (c)(2)(ii)(B) and (C) of this section, as well as a record supporting their derivation, and make such records available to the public. The State and EPA shall notify one another and provide a supporting record within 30 days of derivation of DPVs pursuant to paragraphs (c)(2)(ii)(B) or (C) of this section.

(3) Criteria for springs. The applicable nitrate+nitrite criterion is 0.35 mg/L as an annual geometric mean, not to be exceeded more than once in a three-year period.

(d) Applicability. (1) The criteria in paragraphs (c)(1) through (3) of this section apply to lakes and flowing waters, excluding flowing waters in the South Florida Region, and apply concurrently with other applicable water quality criteria, except when:

(i) State water quality standards contain criteria that are more stringent for a particular parameter and use;

(ii) The Regional Administrator determines that site-specific alternative criteria apply pursuant to the procedures in paragraph (e) of this section; or

(iii) The State adopts and EPA approves a water quality standards variance to the Class I or Class III designated use pursuant to §131.13 that meets the applicable provisions of State law and the applicable Federal regulations at §131.10.

(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 Federally-adopted and State-adopted numeric criteria when applied to the same use classifications.

(e) Site-specific alternative criteria. (1) The Regional Administrator may determine that site-specific alternative criteria shall apply to specific surface waters in lieu of the criteria established in paragraph (c) of this section. Any such determination shall be made consistent with §131.11.

(2) To receive consideration from the Regional Administrator for a determination of site-specific alternative criteria, an entity shall submit a request that includes proposed alternative numeric criteria and supporting rationale suitable to meet the needs for a technical support document pursuant to paragraph (e)(3) of this section. The entity shall provide the State a copy of all materials submitted to EPA, at the time of submittal to EPA, to facilitate the State providing comments to EPA. Site-specific alternative criteria may be based on one or more of the following approaches.

(i) Replicate the process for developing the stream criteria in paragraph (c)(2)(i) of this section.

(ii) Replicate the process for developing the lake criteria in paragraph (c)(1) of this section.

(iii) Conduct a biological, chemical, and physical assessment of waterbody conditions.

(iv) Use another scientifically defensible approach protective of the designated use.

(3) For any determination made under paragraph (e)(1) of this section, the Regional Administrator shall, prior to making such a determination, provide for public notice 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 the specific surface waters affected and the justification for each proposed determination. This document shall be made available to the public no later than the date of public notice issuance.

(4) The Regional Administrator shall maintain and make available to the public an updated list of determinations made pursuant to paragraph (e)(1) of this section as well as the technical support documents for each determination.

(5) Nothing in this paragraph (e) shall limit the Administrator's authority to modify the criteria in paragraph (c) of this section through rulemaking.

(f) Effective date. This section is effective on January 6, 2013, except for §131.43(e), which is effective February 4, 2011.

[75 FR 75805, Dec. 6, 2010, as amended at 77 FR 39951, July 6, 2012]

§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]



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