WSR 03-01-124

PROPOSED RULES

DEPARTMENT OF ECOLOGY


[ Order 02-14 -- Filed December 19, 2002, 11:11 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 09-17-02 [02-19-098].

Title of Rule: Chapter 173-201A WAC, Water quality standards for surface waters of the state of Washington.

Purpose: Chapter 173-201A WAC, Water quality standards for surface waters of the state of Washington, these amendments would modify the existing surface water quality standards for Washington. This rule making will propose to revise the surface water quality standards by:

Moving from the current class-based system to a use-based system for designating beneficial uses of waters (for example swimming and aquatic life habitat) in Washington.

Making changes to criteria (for example temperature and bacteria) for designated uses of the waters.

Providing more clarity and detail on implementing the regulation, including the state's antidegradation policy.

Organizing the structure and sections of the regulation to make it easier to use.

Statutory Authority for Adoption: Chapters 90.84 and 90.54 RCW.

Statute Being Implemented: Chapters 90.84 and 90.54 RCW.

Summary: Changes are proposed to adopt a new use based system, update criteria, clarify antidegradation, and reorganize and clarify the rule.

Reasons Supporting Proposal: These changes are being undertaken to incorporate new science, provide more detail and clarity on implementing the regulations, and better tailor the criteria assigned to our waters to the characteristic uses that actually exist in those waters.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Susan Braley, Lacey, Washington, (360) 407-6414.

Name of Proponent: Department of Ecology, governmental.

Rule is necessary because of federal law, 40 C.F.R. 131.20.

Explanation of Rule, its Purpose, and Anticipated Effects: The purpose of this rule amendment is to update water quality standards for surface waters of the state of Washington consistent with public health and public enjoyment, and for the protection of fish, shellfish, and wildlife pursuant to the provisions of chapters 90.54 and 90.48 RCW. Washington's surface water quality standards set limits on pollution in order to protect beneficial uses, such as swimming and fishing. The water quality standards serve as the cornerstone for protecting water quality in the state of Washington, and are implemented through programs that control or affect water quality. The revised standards are intended to reflect the latest scientific information and incorporate new state and federal requirements - all aimed at making our waters clean and safe for humans, fish and wildlife.

Federal regulations require that state water quality standards be reviewed and approved by the United States Environmental Protection Agency (EPA) for compliance with the Clean Water Act prior to their use. EPA must also prepare and submit a biological assessment to the federal fish and wildlife agencies to determine compliance with the Endangered Species Act (ESA). The new water quality standards will not take effect until this process is completed.

Proposal Changes the Following Existing Rules: This amendment would make changes to the following areas: The entire rule is impacted by this amendment due to reorganization and clarification with the rule. The rule is now organized into parts to assist the user in finding information more easily. Further, the standards are proposed to be implemented by a use based system rather than a class system. Changes are being proposed to existing criteria for temperature, dissolved oxygen, bacteria, and ammonia, as well as new criteria for agricultural water supplies. The antidegradation section, designed to prevent degradation of water quality, was expanded and clarified. A tools part was added to the rule to provide users with a variety of "tools" that can be used to comply with this regulation.

A small business economic impact statement has been prepared under chapter 19.85 RCW.

Small Business Economic Impact Statement

The proposed amendments to the water quality standards for surface waters have been reviewed, based on a worst case scenario (greatest potential economic impact). Based on this approach, the proposal will have a disproportionate impact on affected small businesses.1 This proposed amendment would revise water quality standards that (1) will affect some small and large businesses, and (2) that provide basic protections for the uses of waters in Washington. The proposed changes that will affect some businesses are associated with the following parts of the rule:

Antidegradation (Part III WAC 173-201A-300 through 173-201A-330).

Change to use based standards for fresh water (contained in WAC 173-201A-200, 173-201A-600, 173-201A-602).

Temperature standards for fresh water (contained in WAC 173-201A-200 (1)(c)).

Dissolved oxygen standards for fresh water (contained in WAC 173-201A-200 (1)(d)).

Bacteriological standards (WAC 173-201A-200(2) and 173-201A-210(2)).

Heat plumes in mixing zones (WAC 173-201A-200 (1)(c)).

Agricultural water supplies (WAC 173-201A-200 (3)(b)).

The majority of businesses will not be affected because activities under the current standards would be sufficient to comply with the proposed revisions. However, for any waterbody reaches affected by the proposed changes, and for which no variance, flexibility, or offset is possible, the proposed amendments would have a disproportionate impact on small business. Cost minimizing features have been provided in the rule.2

Uncertainty drove the decision to use a worst case analysis. The proposed rule only sets the standard and does not specify how a waterbody should meet that standard. Ecology would have needed further information in order to reduce the uncertainty in the analysis, including:

Did the criteria on the waterbody change?

Is the waterbody reach naturally limited?

Will a permittee discharge a pollutant that involves a revised criteria?

Will that permit need to be modified as a result of the criteria changes?


The mechanism used to meet the permit limit is chosen by business and not prescribed by ecology. Ecology can not predict the options a business might choose. The determination that there will be a disproportionate impact is therefore based on a worst case analysis.3 Because of the uncertainties described above, ecology estimated costs based on the most expensive management practices to meet the criteria changes and has assumed these activities are occurring on waterbodies that do not have additional assimilative capacity. It is not possible to know the average impact of the rule. Ecology modeled worst case impacts for permitted facilities.4 The modeled impact was disproportionate.

Ecology does not expect that nonpoint best management practices will be affected by the change in the standards. Business related stormwater may affect water quality. However, ecology's expectation is that the proposed changes to the standard will not require any substantive changes in currently accepted stormwater practices because current practices represent the best available methods for managing urban stormwater.5 Timber and agricultural activities may affect stream temperature by removing cover. However, the practices that currently protect for water temperature and therefore dissolved oxygen should be so similar under the two versions of the rule that there would not be a measurable difference. (See Appendix C.)

Legal Background: The proposed amendments to chapter 173-201A WAC change the water quality standards for all of the surface waters in Washington. The standards set numerical limits on the allowable pollution for the state's waters and serves as the driver for control programs. Federal regulations require that the standards be reviewed and revised.6 If a proposed rule change was driven entirely by state or federal law or regulation, it is not evaluated in this document. Appendix A provides a crosswalk of the current rule and the proposed changes and indicates which amendments create no substantial changes,7 which amendments are federal,8 and which create a significant rule change.

Description of Proposed Changes as They Affect Business: Small and large businesses may be affected by the proposed changes if they affect water quality in the following ways:

Direct point source discharge to water,

Various businesses discharge wastewater to POTWs (publicly owned treatment works), which in turn discharge to the waters of the state.

The following are brief descriptions of the rule changes.9 A more detailed description of the proposed changes can be found in both the decision memos and the draft environmental impact statement which are both a part of the proposed rule package.

Proposed Antidegradation (Part III WAC 173-201A-300 through 173-201A-330): This section has been rewritten and greatly expanded. However, the changes either: (1) Are a form of cost reduction discussed below under Cost Minimization;10 or (2) make requirements that are implicit in the existing rules explicit. Therefore no cost was modeled.

Use Based Format for the Standards (contained in WAC 173-201A-200, 173-201A-600, 173-201A-602): The proposed amendment shifts the classification system to a use basis. Uses are defined and the regulation applies the most stringent standards that support those uses in each case. The proposed classification system only has an impact on business through the change in the criteria (e.g. dissolved oxygen) and the change in the waterbody reaches (e.g. Class A to Char). Thus the proposed reclassification is analyzed through these changes. In the longer term, improved information will allow the deletion of certain uses from specific waterbody segments, potentially easing the long-term burden of the regulations.

Temperature Standards (contained in WAC 173-201A-200, 173-201A-210): Temperature standards would be either reduced or increased for some fresh water reaches. The metric used to express the temperature standard would also change from an "instantaneous daily maximum" to a "7 day average of the daily maximum" (7-DADMax). For an average water body with continuous temperature monitoring, the 7-DADMax measure is 1% lower than the instantaneous daily maximum measure. Diagram 1 shows the differences between the existing rule and the proposed rule. There are no proposed changes for marine waters.

Diagram 1: Summary of Transition to Proposed Temperature Criteria


Place illustration here.


Waterbody reaches, including lakes, which naturally exceed the current standard are already limited to a .3C change in temperature. Businesses in naturally limited reaches will be unaffected by the new standards. If the temperature criteria for a water body is increased the businesses will benefit. Only activities located in specific waterbody reaches will be more constrained. These are reaches where (1) the stream does not naturally exceed the current standard and where (2) the proposed temperature standard is lowered. This situation forms part of the basis for the worst case analysis.

Heat Plumes in Mixing Zones (WAC 173-201A-200 (1)(c)(vi)(C)): Heat plumes would be required to meet a temperature of 33C, two seconds after leaving the pipe. This would impact point source dischargers that have high temperature discharges that might exceed this criteria. This situation forms part of the basis for the worst case analysis.

Dissolved Oxygen Standards (DO) (contained in WAC 173-201A-200 (1)(d)): DO standards would be reduced or increased in many fresh water reaches (including lakes). There are no proposed changes for marine waters. DO measurement would change to two metrics: A long-term ninety-day average of the daily minimum and a short-term one-day minimum would be used. The daily minimum would be reduced, which should make the standard easier to meet. However, the ninety-day average, might be harder to achieve. The DO standard would increase for some waterbody reaches and would be reduced from "allows no change"12 to a numeric standard of 9.5 mg/l for lakes. In some places the DO requirements would increase (see Diagram 2).

Diagram 2: Summary of Transition to Proposed Dissolved Oxygen Criteria

Place illustration here.

Where the natural level of DO is already lower than the current standard, there will be no change for businesses. This situation forms part of the basis for the worst case analysis.

Table 1

Changes to Bacteria Standard
AA (Primary) A (Primary) B (Secondary) C (Secondary)
Fresh Water
Primary Contact Use 50 fecal to 100

E. coli

100 fecal to 100

E. coli

none none
Secondary Contact Use none none 200 fecal to 200

E. coli

none
Salt Water
Shellfish Harvesting Areas No change regardless of the level of contact use
Primary Contact Use 14 fecal to 35 enterococci 14 fecal to 35 enterococci none none
Secondary Contact Use none none 100 fecal to 70 enterococci 200 fecal to 70 enterococci
Bacteriological Standards (WAC 173-201A-200(2), 173-201A-210 (1)(g) and (2)(b)): The proposed rule uses E. coli as the bacterial indicator for fresh water and enterococci as the bacterial indicator for marine water rather than the current fecal coliform test. These changes would increase testing costs for most entities that currently only measure fecal coliform. Where there are shellfish beds in salt water recreation areas there will be no change because the shellfish criteria dominate.

Agricultural Water Supplies (WAC 173-201A-200 (3)(b)): The proposed rules would set standards to protect the quality of water diverted for agriculture. This would mean additional criteria would be applied to all water bodies where agricultural water supply is a beneficial use. Since use of waters for irrigated agriculture is widespread, the proposed criteria will be broadly applied to rivers, lakes, and reservoirs throughout the state.

SIC14 Coded Industries Affected

This proposed rule amendment may affect many of the four digit SIC coded industries in the state.

Table 2

Employment Security Data on 4 Digi SIC Coded Industries
TOTAL Permits Average Employment
SIC DESCRIPTION Companies Employment Affected largest 10% small
TOTL INDUSTRY DESCRIPTION
1031 Copper ores * * 1
2023 Dry, condensed, evaporated product 3 219 1
2033 Canned fruits and vegetables 42 2904 2 127.3 2.4
2082 Malt beverages 29 943 1 29.6 5.9
2083 Malt * * 1
2086 Bottled and canned soft drinks 11 1138 1
2092 Fresh or frozen prepared fish 138 6562 4 187.5 12.1
2421 Sawmills and planing mills, general 179 11577 1 148.4 11.1
2611 Pulp mills 7 1331 3
2621 Paper mills 27 7425 6 435.3 1.5
2679 Converted paper products, nec 8 350 1 2.0
2812 Alkalies and chlorine 6 273 1 25.3
2819 Industrial inorganic chemicals, nec 13 1088 1 27.3 8.0
2869 Industrial organic chemicals, nec * * 1
2873 Nitrogenous fertilizers * * 31
2874 Nitrogenous fertilizers * * 1
2899 Chemical preparations, nec 13 243 1 2.7
2911 Petroleum refining 26 1833 1 4.9
3241 Cement, hydraulic 5 176 2
3272 Concrete products, nec 77 1717 1 10.5
3274 Lime * * 1
3313 Electrometallurgical products * * 1
3334 Primary aluminum 11 5060 4 745.2
3341 Secondary nonferrous metals 4 50 1
3353 Aluminum sheet, plate, and foil 7 1046 1
3357 Nonferrous wiredrawing & insulating * * 1
3463 Nonferrous forgings * * 1
3624 Carbon and graphite products * * 1
4226 Special warehousing and storage, ne 40 431 1 29.2 3.5
4789 Transportation services, nec 69 793 1 36.6 4.6
4911 Electric services 193 10671 1 132.1 14.2
4961 Steam and air-conditioning supply * * 1
5171 Petroleum bulk stations & terminals 60 950 4 59.3 11.6

1. Point Sources: The proposed rule may affect permitted point source facilities in a variety of sectors. These sectors and the number of permits15 the facilities hold are listed in Table 2.16 The impact on permitted activities would depend on:

Whether the activity is located on a waterbody reach where the water body is not already listed as impaired,

Whether the incremental change in the standards will require a permit change, and

The mechanism a permittee chooses to use.

2. Some POTWs (publicly owned treatment works), which discharge to surface water, would be affected by the proposed amendments. If they raise their rates, then many of the businesses discharging to them could be affected at least to a small degree. Most POTWs would be affected by the proposed bacterial changes, but some could also be affected by the proposed changes associated with agricultural water supplies, DO, and temperature.

3. Nonpoint Sources (for more information on how ecology regulates nonpoint activities go to Appendix C):

a. Business related stormwater may also affect water quality. Ecology's expectation is that the proposed changes to the standard will not require any substantive changes in currently accepted stormwater practices because current practices represent the best available methods for managing urban stormwater.17

b. Forestry activities are covered under the forest and fish rules. The changes expected due to the incremental change in the rule are within the error rates for the methods used to determine shade and therefore are not analyzed (see Appendix C).

c. Agricultural best management practices also affect water quality. These practices are unlikely to shift due to the incremental changes in the standards due to the elevation at which the practices occur (see Appendix C).

Results of the SBEIS Worst Case Analysis: The set of worst case analyses performed to support this SBEIS (see Appendix B and D) show the following economic effects:

1. Industrial permits may be affected. Industrial permits limit the amount and quality of discharge to surface waters by industrial facilities. Each permit is written so that the discharge will not cause a water body to exceed the surface water quality standards. Compliance with the permit is mandatory, but the permittee selects the mechanism to meet the permit requirements. Ecology does not know which mechanisms permittees will choose. However, ecology must still determine whether a disproportionate impact from the proposed rule amendments would occur. So, a worst case analysis was done for a large and a small business.

This analysis assumed that the permittee chose to stop discharging to surface water and instead used land application during the summer. Land application was chosen because it is one of the most expensive possible options, though it is not required by the water quality standards. Costs include probabilistic estimates for testing, land, labor, equipment, engineering assistance, materials, and structures. The largest cost in the short term is the land and irrigation system. The largest cost over the long term is testing of water quality, soil, and crop in order to assure the system is working. This worst case scenario indicates a disproportionate impact on small businesses with permits. The cost per employee is four times higher for small business than for large business.

In most places, the proposed changes would have a marginal impact on a permit. For example there is unlikely to be any significant difference for a revised permit that reduces outfall water temperature one degree. The temperature inside a plant may be much higher than the discharge water. A high end discharge may be 30C where inside the plant the water may be near boiling. Thus the internal reduction that is already occurring inside a plant is often large by comparison to the additional 1C change that would generally be required. Where other less expensive options, which actually cool the water or add DO are taken, the expected cost ranges from 21% to 29% of the worst case cost for small businesses and from 6% to 9% of the worst case costs for large businesses.18

Permit Worst Case Cost for a 15 Year Model: Cost Per Employee for Large and Small Business19


Small Business Large Business
Cost per employee for land application of wastewater $40,000 $9,600

Note this is the present value of fifteen years of costs divided by average employment.

See Appendix B for an explanation of the model basis.

See Appendix D: Monte Carlo Run for the sensitivity test.

2. Businesses may be affected by changes in POTW rates. If a given POTW needs to make capital improvements to meet the new standards, it may pass along those costs to its customers (including small businesses) in the form of higher charges. In any SIC coded sector where small and large businesses for some reason have the same billing increase, the rule change will automatically have a disproportionate impact on small businesses. The reader should note that, ecology considers these cost changes in making decisions regarding such a permit.20

Proposed Cost Minimization: Ecology must provide cost minimization where it is legal and feasible to do so. Cost minimization applies to both large and small business and falls into several categories.

(a) Reducing, modifying, or eliminating substantive regulatory requirements,

(b) Simplifying, reducing, or eliminating record-keeping and reporting requirements,

(c) Reducing the frequency of inspections,

(d) Delaying compliance timetables,

(e) Reducing or modifying fine schedules for noncompliance, or

(f) Any other mitigation techniques.

Cost minimization provisions for most record keeping, inspection, compliance time tables, and penalty requirements are regulated by other laws, rules and programs, and are not controlled or dictated by this rule. Chapter 173-201A WAC protects water quality through standards, criteria, and the identification of beneficial uses of Washington's waters. However, implementation of chapter 173-201A WAC occurs through other ecology programs that administer water quality protection through permits, pollution control and reduction programs, and certifications. Therefore, cost minimization provisions below are focused on: Reducing, modifying, or eliminating substantive regulatory requirements.

WAC 173-201A-020: The revised definition of AKART (all known, available, and reasonable methods of prevention, control, and treatment) has been broadened to include stormwater management manuals.

WAC 173-201A-200 (1)(c) and (d): The revised temperature and DO criteria have been designed to avoid unnecessary impact on human economic activities and to allow for reasonable implementation. Revisions include:

(a) Selecting criteria from the midpoint of the range that bounds the estimate of what maximum temperatures or DO are needed to fully protect species.

(b) Applying the criteria based on general patterns of stream use and species mixes.

(c) Not basing recommendations on individual studies showing sensitive outcomes.

(d) Recognizing longer-term averaging periods where appropriate when developing the recommended criteria.

(e) Where natural conditions of a water body do not meet the criteria, a small allowance for human activities is allowed to be factored in to permits and pollution reduction plans.

(f) An allowance that criteria can be adjusted to account for the thermal effects of permanent human structural changes.

(g) Alternative language that allows waterbodies to only have to meet the criteria nine years out of ten. This exemption can be used in situations when temperatures or DO levels are naturally exceeded in extreme climatic years, and will make permitting or modeling more accurate and effective.

WAC 173-201A-210 (2)(b)(2): Alternative bacteria indicator allowance. In situations where enterococci or E. coli are not primarily due to warm-blooded animals but instead from, for example, wood waste, the alternative fecal coliform indicator can be used. This prevents the use of enterococci from triggering unnecessary pollution-prevention efforts.

WAC 173-201A-210 (2)(b)(4): Resolving conflicts on shellfish protection. Ecology defers to the Department of Health in determining that shellfish harvest is adequately protected. This prevents unnecessarily strict pollution-prevention measures.

WAC 173-201A-260: This section contains provisions for applying criteria in general, including:

(a) Allowing the natural condition of a water body to be an alternative criteria.

(b) Numeric criteria do not apply to human-created waters for the removal or containment of pollution, such as private farm ponds that did not incorporate natural waterbodies.

WAC 173-201A-320: The antidegradation section that requires a more detailed analysis from applicants of water quality permits is limited to new and expanded actions that have a measurable change in water quality. This limitation assures that resources are spent on actions that will cause a measurable change, rather than on insignificant actions.

WAC 173-201A-320 (4)(a)(iii): Allows for overrides of antidegradation standards for innovative pollution controls and management that may advance AKART for a given industry.

WAC 173-201A-320 (4)(b)(ix): Allows for the use of water quality offsets in meeting antidegradation requirements.

WAC 173-201A-320(6): Allows general permits and pollution control programs to go through an antidegradation analysis at the time the permit is developed and not for each individual action covered by the general permit or pollution control program. This will be a cost savings in terms of not having to provide individual analyses.

WAC 173-201A-320 (6)(c): Allows nonpoint source programs and general permits to use adaptive management, to avoid over-use of control measures and phase-in requirements over time.

Part IV-Tools for Application of Criteria and Uses: This new part in the rule provides several tools for applying alternative criteria or uses. These new tools include provisions for:

(a) WAC 173-201A-410: The amendment moves the longer duration short-term modification of water quality from pesticides to its own subsection that can apply to any short-term activity. Thus the flexibility is more broadly provided.

(b) WAC 173-201A-420: Variances allow criteria to be modified for individual facilities, or stretches of waters on a longer term basis.

(c) WAC 173-201A-430: Site specific criteria may be developed after determining that the criteria designated for a water body cannot be attained due in part or whole to natural climatic or landscape attributes, or irreversible human changes.

(d) WAC 173-201A-440: A use attainability analysis may be done to remove a designated use for a water body that is neither existing nor attainable.

(e) WAC 173-201A-450: A water quality offset occurs where a project proponent implements or finances the implementation of controls for point or nonpoint sources otherwise under the control of other entities to reduce the levels of pollution for the expressed purpose of creating sufficient assimilative capacity to allow new or expanded discharges. The goal of water quality offsets is to reduce the pollution levels of a water body sufficiently enough that a proponent's actions are not causing or further contributing to a violation of the requirements of this chapter and result in a net environmental benefit.

WAC 173-201A-510(5): Some dams cannot meet water quality standards (e.g. total dissolved gasses, temperature). This allows ecology to issue a water quality certification for relicensing of the dam through a compliance schedule, rather than disapproving the certification.

Lastly, existing programs partially offset some of the impacts on landowners. In the case of agriculture, the conservation reserve enhancement program (CREP) from the United States Department of Agriculture will provide lease payments for some agricultural land set aside into buffers. The Clean Water Act also allows states substantial discretion in applying controls for nonpoint source pollution such that hardship situations can be readily avoided in implementation actions. For more detail on CREP, see Appendix C.

Opportunities for Small Business to Discuss the Proposed Rule with Ecology: Ecology has tried to make businesses an active participant in the development of the proposed revisions to the surface water quality standards. Outreach efforts will continue to include business representation on both technical and policy workgroups, presentations at trade and association meetings, special face-to-face issues with individual business sectors concerned about specific parts of the rule, multiple public hearings, and notification of the proposal and opportunities to participate to a mailing list of over 3,600 interested and affected persons.

As the rule moves toward adoption we will make information and ourselves available to business. Web site for all filing documents and attachments: http://www.ecy.wa.gov/laws-rules/activity/wac173201a.html. Contact for Rule Content: Susan Braley, (360) 407-6414, sbra461@ecy.wa.gov. Contact for Economic Analysis: Cathy Carruthers, (360) 407-6564, caca461@ecy.wa.gov.

1 RCW 19.85.040.

2 RCW 19.85.030 (see cost minimization section).

3 Other lower cost mechanisms also indicated a disproportionate impact.

4 Facilities with NPDES (National Pollution Discharge Elimination System) and Washington state permits.

5 Bill Moore, Environmental Engineer, Water Quality Program, Department of Ecology.

6 Changes were proposed in order to remain in compliance with the following federal regulations: C.F.R. 131.10-Designated uses, C.F.R. 131.11-Criteria, C.F.R. 131.12-Antidegradation, C.F.R. 131.2, C.F.R. 13136-Toxics Criteria. Changes were proposed to comply with state water quality law chapter 90.48 RCW. For the most part, ecology's options are constrained by state law, the Clean Water Act and the Endangered Species Act.

7 Many of the changes are clarifications of administrative procedure. Even where there are substantive changes in the physical standards, the changes are relatively minor and will in general cause no change in compliance actions.

8 Federal requirements are exempt from analysis under RCW 19.85.025(2).

9 RCW 19.85.040(1).

10 RCW 19.85.030(3) lists acceptable forms of cost minimization.

11 There are only 9 class B waterbodies.

12 The most stringent standard possible.

13 There are only 9 class B waterbodies.

14 Standard Industrial Classification Codes. This use of SIC code is required by law despite the change of system at the federal level.

15 Unaffected marine and stormwater permits were not included in the count. Simply being listed here does not mean there is necessarily a cost increase to the facility.

16 The companies affected may hold more than one permit. The "*" means there are fewer than three companies.

17 Bill Moore, Environmental Engineer, Water Quality Program, Department of Ecology.

18 Why have some companies (our cases) actually chosen the worst case cost? The reasons seem to have been based on severe stream reach limits and a need for long-term certainty in a setting where permits are evaluated every five years.

19 These values were sensitivity tested with a probabilistic Monte Carlo simulation. The results are in Appendix B and the case descriptions are in Appendix D.

20 Permit conditions for POTWs may be affected by cost considerations given in three chapters in the permit writer's manual: Water Quality Program Permit Writer's Manual 92-109, Chapter 4, Deriving Technology Based Effluent Limits, Chapter 5, Municipal Effluent Limitations and Other Requirements, Chapter 6, Water Quality Based Effluent Limits for Surface Waters.

A copy of the statement may be obtained by writing to Susan Braley, Department of Ecology, Water Quality Program, P.O. Box 47600, Olympia, WA 98504-7600, phone (360) 407-6414, fax (360) 407-6426, e-mail sbra461@ecy.wa.gov.

RCW 34.05.328 applies to this rule adoption. These rule amendments are considered significant legislative in nature, and therefore the documentation necessary to comply with RCW 34.05.328 will be completed.

Hearing Location: Workshops and Hearings: All workshops begin at 6 p.m., public hearings begin at 8 p.m.; Wenatchee, Monday, January 27, 2003, Chelan County Auditorium, 400 Douglas; Spokane, Tuesday, January 28, 2003, Spokane Falls Community College, Student Union Building 17, Lounge AB, 3410 West Fort George Wright Drive; Pasco, Wednesday, January 29, 2003, Columbia Basin College, 2600 North 20th Avenue; Yakima, Thursday, January 30, 2003, Ecology Central Region Office, 15 West Yakima Avenue, Suite 200; Bellingham, Monday, February 3, 2003, Whatcom County Courthouse, 311 Grand Avenue; Seattle, Tuesday, February 4, 2003, Seattle Center, Northwest Rooms: Lopez Room, 305 Harrison Street; Port Angeles, Wednesday, February 5, 2003, Vern Burton Center, 308 East 4th Street; and Vancouver, Thursday, February 6, 2003, Water Resources Center, 4600 S.E. Columbia Way.

Assistance for Persons with Disabilities: Contact Ann Butler at (360) 407-6480. The TTY number is 711 or 1-800-833-6388, by January 21, 2003.

Submit Written Comments to: Susan Braley, Department of Ecology, Water Quality Program, P.O. Box 47600, Olympia, WA 98504-7600, sbra461@ecy.wa.gov, fax (360) 407-6426, by 5:00 p.m. on March 7, 2003.

Date of Intended Adoption: June 2, 2003.

December 19, 2002

Linda Hoffman

Deputy Director

OTS-6060.3

PART I - INTRODUCTION
AMENDATORY SECTION(Amending Order 92-29, filed 11/25/92, effective 12/26/92)

WAC 173-201A-010   ((Introduction.)) Purpose.   (1) The purpose of this chapter is to establish water quality standards for surface waters of the state of Washington consistent with public health and public enjoyment ((thereof,)) of the waters and the propagation and protection of fish, shellfish, and wildlife, pursuant to the provisions of chapter 90.48 RCW ((and the policies and purposes thereof)). All actions must comply with this chapter. As part of this chapter:

(a) All surface waters are protected by narrative criteria and designated beneficial uses.

(b) Based on the use designations, numeric and narrative criteria are assigned to the waterbody to protect the use.

(c) Where more than one use is designated to a waterbody, the most stringent criteria assigned to the waterbody must apply.

(2) Surface waters of the state include lakes, rivers, ponds, streams, inland waters, saltwaters, wetlands, and all other surface waters and water courses within the jurisdiction of the state of Washington.

(((2))) (3) This chapter ((shall)) will be reviewed periodically by the department and appropriate revisions ((shall)) will be undertaken.

(((3) The water use and quality criteria set forth in WAC 173-201A-030 through 173-201A-140 are established in conformance with present and potential water uses of the surface waters of the state of Washington and in consideration of the natural water quality potential and limitations of the same. Compliance with the surface water quality standards of the state of Washington require compliance with chapter 173-201A WAC, Water quality standards for surface waters of the state of Washington, and chapter 173-204 WAC, Sediment management standards.)) (4) WAC 173-201A-200 through 173-201A-260 describe the designated water uses and criteria for the state of Washington. These criteria were established based on present and potential water uses of the surface waters of the state. Consideration was also given to both the natural water quality potential and its limitations. To be in compliance with the surface water quality standards one must comply with chapter 173-201A WAC, Water quality standards of the state of Washington and chapter 173-204 WAC, Sediment management standards, and applicable federal rules.

[Statutory Authority: Chapter 90.48 RCW. 92-24-037 (Order 92-29), 173-201A-010, filed 11/25/92, effective 12/26/92.]


AMENDATORY SECTION(Amending Order 94-19, filed 11/18/97, effective 12/19/97)

WAC 173-201A-020   Definitions.   The following definitions are intended to facilitate the use of chapter 173-201A WAC:

"1-DMax" or "1-day maximum temperature" is the highest water temperature reached on any given day. This measure can be obtained using calibrated maximum/minimum thermometers or continuous monitoring probes having sampling intervals of one hour or less.

"7-DADMax" or "7-day average of the daily maximum temperatures" is the arithmetic average of seven consecutive measures of daily maximum temperatures. The 7-DADMax for any individual day is calculated by averaging that day's daily maximum temperature with the daily maximum temperatures of the three days prior and the three days after that date.

"90-DADMin" or "90-day average of the daily minimum" is the arithmetic average of all daily minimum dissolved oxygen measurements taken over a ninety-day period.

"Action value" means a total phosphorus (TP) value established at the upper limit of the trophic states in each ecoregion. Exceedance of an action value indicates that a problem is suspected. A lake-specific study may be needed to confirm if a nutrient problem exits.

"Actions" refers broadly to any human projects or activities.

"Acute conditions" are changes in the physical, chemical, or biologic environment which are expected or demonstrated to result in injury or death to an organism as a result of short-term exposure to the substance or detrimental environmental condition.

"AKART" is an acronym for "all known, available, and reasonable methods of prevention, control, and treatment." AKART shall represent the most current methodology that can be reasonably required for preventing, controlling, or abating the pollutants associated with a discharge. The concept of AKART applies to both point and nonpoint sources of pollution. The term "best management practices," typically applied to nonpoint source pollution controls is considered a subset of the AKART requirement. (("The Stormwater Management Manual for the Puget Sound Basin" (1992),)) Stormwater management manuals may be used as a guideline, to the extent appropriate, for developing best management practices to apply AKART for storm water discharges.

"Background ((conditions))" means the biological, chemical, and physical conditions of a water body, outside the area of influence of the discharge under consideration. Background sampling locations in an enforcement action would be up-gradient or outside the area of influence of the discharge. If several discharges to any water body exist, and enforcement action is being taken for possible violations to the standards, background sampling would be undertaken immediately up-gradient from each discharge. When assessing background conditions in the headwaters of a disturbed watershed it may be necessary to use the background conditions of a neighboring or similar watershed as the reference conditions.

"Best management practices (BMP)" means physical, structural, and/or managerial practices approved by the department that, when used singularly or in combination, prevent or reduce pollutant discharges.

"Biological assessment" is an evaluation of the biological condition of a water body using surveys of aquatic community structure and function and other direct measurements of resident biota in surface waters.

"Bog" means those wetlands that are acidic, peat forming, and whose primary water source is precipitation, with little, if any, outflow.

"Carcinogen" means any substance or agent that produces or tends to produce cancer in humans. For implementation of this chapter, the term carcinogen will apply to substances on the United States Environmental Protection Agency lists of A (known human) and B (probable human) carcinogens, and any substance which causes a significant increased incidence of benign or malignant tumors in a single, well conducted animal bioassay, consistent with the weight of evidence approach specified in the United States Environmental Protection Agency's Guidelines for Carcinogenic Risk Assessment as set forth in 51 FR 33992 et seq. as presently published or as subsequently amended or republished.

"Chronic conditions" are changes in the physical, chemical, or biologic environment which are expected or demonstrated to result in injury or death to an organism as a result of repeated or constant exposure over an extended period of time to a substance or detrimental environmental condition.

"Created wetlands" means those wetlands intentionally created from nonwetland sites to produce or replace natural wetland habitat.

"Critical condition" is when the physical, chemical, and biological characteristics of the receiving water environment interact with the effluent to produce the greatest potential adverse impact on aquatic biota and existing or characteristic water uses. For steady-state discharges to riverine systems the critical condition may be assumed to be equal to the 7Q10 flow event unless determined otherwise by the department.

"Damage to the ecosystem" means any demonstrated or predicted stress to aquatic or terrestrial organisms or communities of organisms which the department reasonably concludes may interfere in the health or survival success or natural structure of such populations. This stress may be due to, but is not limited to, alteration in habitat or changes in water temperature, chemistry, or turbidity, and shall consider the potential build up of discharge constituents or temporal increases in habitat alteration which may create such stress in the long term.

"Department" means the state of Washington department of ecology.

"Director" means the director of the state of Washington department of ecology.

"Drainage ditch" means that portion of a designed and constructed conveyance system that serves the purpose of transporting surplus water; this may include natural water courses or channels incorporated in the system design, but does not include the area adjacent to the water course or channel.

"Ecoregions" are defined using EPAs Ecoregions of the Pacific Northwest Document No. 600/3-86/033 July 1986 by Omernik and Gallant.

"Enterococci" refers to a subgroup of the fecal streptococci that includes S. faecalis, S. faecium, S. gallinarum, and S. avium. The enterococci are differentiated from other streptococci by their ability to grow in 6.5% sodium chloride, at pH 9.6, and at 10C and 45C.

"E. coli" or "Escherichia coli" is an aerobic and facultative gram negative nonspore forming rod shaped bacteria that can grow at 44.5 degrees Celsius that are ortho-nitrophenyl-B-D-galactopyranoside (ONPG) positive and Methylumbelliferyl glucuronide (MUG) positive.

"Existing uses" means those uses actually attained in fresh or marine waters on or after November 28, 1975, whether or not they are designated uses. Introduced nonnative species, and put-and-take fisheries comprised of nonself-replicating introduced native species, do not need to receive full support as an existing use.

"Fecal coliform" means that portion of the coliform group which is present in the intestinal tracts and feces of warm-blooded animals as detected by the product of acid or gas from lactose in a suitable culture medium within twenty-four hours at 44.5 plus or minus 0.2 degrees Celsius.

"Geometric mean" means either the nth root of a product of n factors, or the antilogarithm of the arithmetic mean of the logarithms of the individual sample values.

"Ground water exchange" means the discharge and recharge of ground water to a surface water. Discharge is inflow from an aquifer, seeps or springs that increases the available supply of surface water. Recharge is outflow downgradient to an aquifer or downstream to surface water for base flow maintenance. Exchange may include ground water discharge in one season followed by recharge later in the year.

"Hardness" means a measure of the calcium and magnesium salts present in water. For purposes of this chapter, hardness is measured in milligrams per liter and expressed as calcium carbonate (CaCO3).

"Irrigation ditch" means that portion of a designed and constructed conveyance system that serves the purpose of transporting irrigation water from its supply source to its place of use; this may include natural water courses or channels incorporated in the system design, but does not include the area adjacent to the water course or channel.

"Lakes" shall be distinguished from riverine systems as being water bodies, including reservoirs, with a mean detention time of greater than fifteen days.

"Lake-specific study" means a study intended to quantify existing nutrient concentrations, determine existing characteristic uses for lake class waters, and potential lake uses. The study determines how to protect these uses and if any uses are lost or impaired because of nutrients, algae, or aquatic plants. An appropriate study must recommend a criterion for total phosphorus (TP), total nitrogen (TN) in g/l, or other nutrient that impairs characteristic uses by causing excessive algae blooms or aquatic plant growth.

"Mean detention time" means the time obtained by dividing a reservoir's mean annual minimum total storage by the thirty-day ten-year low-flow from the reservoir.

"Migration or translocation" means any natural movement of an organism or community of organisms from one locality to another locality.

"Mixing zone" means that portion of a water body adjacent to an effluent outfall where mixing results in the dilution of the effluent with the receiving water. Water quality criteria may be exceeded in a mixing zone as conditioned and provided for in WAC ((173-201A-100)) 173-201A-400.

"Natural conditions" or "natural background levels" means surface water quality that was present before any human-caused pollution. When estimating natural conditions in the headwaters of a disturbed watershed it may be necessary to use the less disturbed conditions of a neighboring or similar watershed as a reference condition. (See also WAC 173-201A-260(2).)

"New or expanded actions" mean human actions that occur for the first time, or human actions that are modified after July 1, 2003, for the purpose of applying the antidegradation section in WAC 173-201A-320.

"Nonpoint source" means pollution that enters any waters of the state from any dispersed land-based or water-based activities, including but not limited to atmospheric deposition, surface water runoff from agricultural lands, urban areas, or forest lands, subsurface or underground sources, or discharges from boats or marine vessels not otherwise regulated under the National Pollutant Discharge Elimination System program.

"Permit" means a document issued pursuant to RCW 90.48.160 et seq. or RCW 90.48.260 or both, specifying the waste treatment and control requirements and waste discharge conditions.

"pH" means the negative logarithm of the hydrogen ion concentration.

"Pollution" means such contamination, or other alteration of the physical, chemical, or biological properties, of any waters of the state, including change in temperature, taste, color, turbidity, or odor of the waters, or such discharge of any liquid, gaseous, solid, radioactive, or other substance into any waters of the state as will or is likely to create a nuisance or render such waters harmful, detrimental, or injurious to the public health, safety, or welfare, or to domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, fish, or other aquatic life.

"Primary contact ((recreation)) use" 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.

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

"Shoreline stabilization" means the anchoring of soil at the water's edge, or in shallow water, by fibrous plant root complexes; this may include long-term accretion of sediment or peat, along with shoreline progradation in such areas.

"Storm water" means that portion of precipitation that does not naturally percolate into the ground or evaporate, but flows via overland flow, interflow, pipes, and other features of a storm water drainage system into a defined surface water body, or a constructed infiltration facility.

"Storm water attenuation" means the process by which peak flows from precipitation are reduced and runoff velocities are slowed as a result of passing through a surface waterbody.

"Surface waters of the state" includes lakes, rivers, ponds, streams, inland waters, saltwaters, wetlands and all other surface waters and water courses within the jurisdiction of the state of Washington.

"Temperature" means water temperature expressed in degrees Celsius (C).

"Thermal refuge" means areas of water having temperatures at least 2C cooler than the surrounding water that can be used by fish to avoid, or limit, exposure to the warmer surrounding water.

"Treatment wetlands" means those wetlands intentionally constructed on nonwetland sites and managed for the primary purpose of wastewater or storm water treatment. Treatment wetlands are considered part of a collection and treatment system, and generally are not subject to the criteria of this chapter.

"Trophic state" means a classification of the productivity of a lake ecosystem. Lake productivity depends on the amount of biologically available nutrients in water and sediments and may be based on total phosphorus (TP). Secchi depth and chlorophyll-a measurements may be used to improve the trophic state classification of a lake. Trophic states used in this rule include, from least to most nutrient rich, ultra-oligotrophic, oligotrophic, lower mesotrophic, upper mesotrophic, and eutrophic.

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

"Upwelling" means the natural process along Washington's Pacific Coast where the summer prevailing northerly winds produce a seaward transport of surface water. Cold, deeper more saline waters rich in nutrients and low in dissolved oxygen, rise to replace the surface water. The cold oxygen deficient water enters Puget Sound and other coastal estuaries at depth where it displaces the existing deep water and eventually rises to replace the surface water. Such surface water replacement results in an overall increase in salinity and nutrients accompanied by a depression in dissolved oxygen. Localized upwelling of the deeper water of Puget Sound can occur year-round under influence of tidal currents, winds, and geomorphic features.

"USEPA" means the United States Environmental Protection Agency.

"Wetlands" means areas that are inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Wetlands may include those artificial wetlands intentionally created from nonwetland areas to mitigate the conversion of wetlands. (Waterbodies not included in the definition of wetlands as well as those mentioned in the definition are still waters of the state.)

"Wildlife habitat" means waters of the state used by, or that directly or indirectly provide food support to, fish, other aquatic life, and wildlife for any life history stage or activity.

[Statutory Authority: Chapter 90.48 RCW and 40 CFR 131. 97-23-064 (Order 94-19), 173-201A-020, filed 11/18/97, effective 12/19/97. Statutory Authority: Chapter 90.48 RCW. 92-24-037 (Order 92-29), 173-201A-020, filed 11/25/92, effective 12/26/92.]


AMENDATORY SECTION(Amending Order 94-19, filed 11/18/97, effective 12/19/97)

WAC 173-201A-040   Toxic substances.   (1) Toxic substances shall not be introduced above natural background levels in waters of the state which have the potential either singularly or cumulatively to adversely affect characteristic water uses, cause acute or chronic toxicity to the most sensitive biota dependent upon those waters, or adversely affect public health, as determined by the department.

(2) The department shall employ or require chemical testing, acute and chronic toxicity testing, and biological assessments, as appropriate, to evaluate compliance with subsection (1) of this section and to ensure that aquatic communities and the existing and characteristic beneficial uses of waters are being fully protected.

(3) The following criteria, found in Table 240(3), shall be applied to all surface waters of the state of Washington for the protection of aquatic life. The department may revise the following criteria on a statewide or waterbody-specific basis as needed to protect aquatic life occurring in waters of the state and to increase the technical accuracy of the criteria being applied. The department shall formally adopt any appropriate revised criteria as part of this chapter in accordance with the provisions established in chapter 34.05 RCW, the Administrative Procedure Act. The department shall ensure there are early opportunities for public review and comment on proposals to develop revised criteria. Values are g/L for all substances except Ammonia and Chloride which are mg/L:


Table 240(3)

Toxics Substances Criteria

Freshwater Marine Water
Substance Acute Chronic Acute Chronic
Aldrin/Dieldrin e 2.5a 0.0019b 0.71a 0.0019b
Ammonia f,c g,d 0.233h,c 0.035h,d
(un-ionized NH3) hh
Arsenic dd 360.0c 190.0d 69.0c,ll 36.0d,cc,ll
Cadmium dd i,c j,d 42.0c 9.3d
Chlordane 2.4a 0.0043b 0.09a 0.004b
Chloride (Dissolved) k 860.0h,c 230.0h,d - -
Chlorine (Total Residual) 19.0c 11.0d 13.0c 7.5d
Chlorpyrifos 0.083c 0.041d 0.011c 0.0056d
Chromium (Hex) dd 15.0c,l,ii 10.0d,jj 1,100.0c,l,ll 50.0d,ll
Chromium (Tri) gg m,c n,d - -
Copper dd o,c p,d 4.8c,ll 3.1d,ll
Cyanide ee 22.0c 5.2d 1.0c,mm ((-)) d,mm
DDT (and metabolites) 1.1a 0.001b 0.13a 0.001b
Dieldrin/Aldrin e 2.5a 0.0019b 0.71a 0.0019b
Endosulfan 0.22a 0.056b 0.034a 0.0087b
Endrin 0.18a 0.0023b 0.037a 0.0023b
Heptachlor 0.52a 0.0038b 0.053a 0.0036b
Hexachlorocyclohexane (Lindane) 2.0a 0.08b 0.16a -
(((Lindane) 2.0a 0.08b 0.16a -))
Lead dd q,c r,d 210.0c,ll 8.1d,ll
Mercury s 2.1c,kk,dd 0.012d,ff 1.8c,ll,dd 0.025d,ff
Nickel dd t,c u,d 74.0c,ll 8.2d,ll
Parathion 0.065c 0.013d - -
Pentachlorophenol (PCP) w,c v,d 13.0c 7.9d
Polychlorinated
Biphenyls (PCBs) 2.0b 0.014b 10.0b 0.030b
Selenium 20.0c,ff 5.0d,ff 290c,ll,dd 71.0d,

x,ll,dd

Silver dd y,a - 1.9a,ll -
Toxaphene 0.73c,z 0.0002d 0.21c,z 0.0002d
Zinc dd aa,c bb,d 90.0c,ll 81.0d,ll

Notes to Table 240(3):


a. An instantaneous concentration not to be exceeded at any time.
b. A 24-hour average not to be exceeded.
c. A 1-hour average concentration not to be exceeded more than once every three years on the average.
d. A 4-day average concentration not to be exceeded more than once every three years on the average.
e. Aldrin is metabolically converted to Dieldrin. Therefore, the sum of the Aldrin and Dieldrin concentrations are compared with the Dieldrin criteria.
f. Shall not exceed the numerical value given by:

((0.52 (FT)(FPH)(2)
where: FT = 10[0.03(20-TCAP)]; TCAP ≤ T ≤ 30
FT = 10[0.03(20-T)] ; 0 ≤ T ≤ TCAP
FPH = 1 ; 8 ≤ pH ≤ 9
FPH = (1+ 10(7.4-pH)) 1.25 ; 6.5 ≤ pH ≤ 8.0
TCAP = 20C; Salmonids present.
TCAP = 25C; Salmonids absent.))
For salmonids present: 0.275 + 39.0


1 + 107.204-pH 1 + 10pH-7.205
For salmonids absent: 0.411 + 58.4


1 + 107.204-pH 1 + 10pH-7.20

g. Shall not exceed the numerical ((value given by)) concentration calculated as follows:
Unionized ammonia concentration for waters where salmonid habitat is a use:

0.80 (FT)(FPH)(RATIO)
where: RATIO = 13.5 ; 7.7 ≤ pH ≤ 9
RATIO =
(20.25 x 10(7.7-pH)) (1+ 10(7.4-pH)) ; 6.5 ≤ pH ≤ 7.7
((where: FT and FPH are as shown in (f) above except:
TCAP = 15C; Salmonids present.
TCAP = 20C; Salmonids absent.))
FT = 1.4; 15 ≤ T ≤ 30
FT = 10[0.03(20-T)]; 0 ≤ T ≤ 15
FPH = 1; 8 ≤ pH ≤ 9
FPH = (1 + 10(7.4-pH)) 1.25; 6 ≤ pH ≤ 8.0

Total ammonia concentrations for waters where salmonid habitat is not a use and other fish early life stages are absent:

Chronic criterion = 0.0557 + 2.487 (1.45 x 100.028(25-A))


1 + 107.688-pH 1 + 10pH-7.688
where: A = the greater of either T (temperature in degrees Celsius) or 7.

Applied as a thirty-day average concentration of total ammonia nitrogen (in mg N/L) not to be exceeded more than once every three years on average. The highest four-day average within the thirty-day period should not exceed 2.5 times the chronic criterion.
Total ammonia concentration for waters where salmonid habitat is not a use and other fish early life stages are present:

Chronic criterion = 0.0557 + 2.487 (B)


1 + 107.688-pH 1 + 10pH-7.688
where: B = the lower of either 2.85, or 1.45 x 100.028 x (25-T). T = temperature in degrees Celsius.

Applied as a thirty-day average concentration of total ammonia nitrogen (in mg N/L) not to be exceeded more than once every three years on the average. The highest four-day average within the thirty-day period should not exceed 2.5 times the chronic criterion.
h. Measured in milligrams per liter rather than micrograms per liter.
i. ≤ (0.944)(e(1.128[((I)) ln(hardness)]-3.828)) at hardness= 100. Conversion factor (CF) of 0.944 is hardness dependent. CF is calculated for other hardnesses as follows: CF= 1.136672 - [(((I)) ln hardness)(0.041838)].
j. ≤ (0.909)(e(0.7852[((I)) ln(hardness)]-3.490)) at hardness= 100. Conversions factor (CF) of 0.909 is hardness dependent. CF is calculated for other hardnesses as follows: CF= 1.101672 - [(((I)) ln hardness)(0.041838)].
k. Criterion based on dissolved chloride in association with sodium. This criterion probably will not be adequately protective when the chloride is associated with potassium, calcium, or magnesium, rather than sodium.
l. Salinity dependent effects. At low salinity the 1-hour average may not be sufficiently protective.
m. ≤ (0.316)e(0.8190[((I)) ln(hardness)] +3.688)
n. ≤ (0.860)e(0.8190[((l)) ln(hardness)] +1.561)
o. ≤ (0.960)(e(0.9422[((l)) ln(hardness)] -1.464))
p. ≤ (0.960)(e(0.8545[((l)) ln(hardness)] -1.465))
q. ≤ (0.791)(e(1.273[((I)) ln(hardness)] -1.460)) at hardness= 100. Conversion factor (CF) of 0.791 is hardness dependent. CF is calculated for other hardnesses as follows: CF= 1.46203 - [(((I)) ln hardness)(0.145712)].
r. ≤ (0.791)(e(1.273[((I)) ln(hardness)] -4.705)) at hardness= 100. Conversion factor (CF) of 0.791 is hardness dependent. CF is calculated for other hardnesses as follows: CF= 1.46203 - [(((I)) ln hardness)(0.145712)].
s. If the four-day average chronic concentration is exceeded more than once in a three-year period, the edible portion of the consumed species should be analyzed. Said edible tissue concentrations shall not be allowed to exceed 1.0 mg/kg of methylmercury.
t. ≤ (0.998)(e(0.8460[((l)) ln(hardness)] +3.3612))
u. ≤ (0.997)(e(0.8460[((l)) ln(hardness)] +1.1645))
v. ≤ e[1.005(pH) -5.290]
w. ≤ e[1.005(pH) -4.830]
x. The status of the fish community should be monitored whenever the concentration of selenium exceeds 5.0 ug/((1)) l in salt water.
y. ≤ (0.85)(e(1.72[((l)) ln(hardness)] -6.52))
z. Channel Catfish may be more acutely sensitive.
aa. ≤ (0.978)(e(0.8473[((l)) ln(hardness)] +0.8604))
bb. ≤ (0.986)(e(0.8473[((l)) ln(hardness)] +0.7614))
cc. Nonlethal effects (growth, C-14 uptake, and chlorophyll production) to diatoms (Thalassiosira aestivalis and Skeletonema costatum) which are common to Washington's waters have been noted at levels below the established criteria. The importance of these effects to the diatom populations and the aquatic system is sufficiently in question to persuade the state to adopt the USEPA National Criteria value (36 µg/L) as the state threshold criteria, however, wherever practical the ambient concentrations should not be allowed to exceed a chronic marine concentration of 21 µg/L.
dd. These ambient criteria in the table are for the dissolved fraction. The cyanide criteria are based on the weak acid dissociable method. The metals criteria may not be used to calculate total recoverable effluent limits unless the seasonal partitioning of the dissolved to total metals in the ambient water are known. When this information is absent, these metals criteria shall be applied as total recoverable values, determined by back-calculation, using the conversion factors incorporated in the criterion equations. Metals criteria may be adjusted on a site-specific basis when data are made available to the department clearly demonstrating the effective use of the water effects ratio approach established by USEPA, as generally guided by the procedures in USEPA Water Quality Standards Handbook, December 1983, as supplemented or replaced by USEPA or ecology. Information which is used to develop effluent limits based on applying metals partitioning studies or the water effects ratio approach shall be identified in the permit fact sheet developed pursuant to WAC 173-220-060 or 173-226-110, as appropriate, and shall be made available for the public comment period required pursuant to WAC 173-220-050 or 173-226-130(3), as appropriate. Ecology has developed supplemental guidance for conducting water effect ratio studies.
ee. The criteria for cyanide is based on the weak ((and)) acid dissociable method in the 17th Ed. Standard Methods for the Examination of Water and Wastewater, 4500-CN I, and as revised (see footnote dd, above).
ff. These criteria are based on the total-recoverable fraction of the metal.
gg. Where methods to measure trivalent chromium are unavailable, these criteria are to be represented by total-recoverable chromium.
hh. The listed fresh water criteria are based on unionized or total ammonia concentrations, while those for marine water are based on total ammonia concentrations. Tables for the conversion of total ammonia to un-ionized ammonia for freshwater can be found in the USEPA's Quality Criteria for Water, 1986. Criteria concentrations based on total ammonia for marine water can be found in USEPA Ambient Water Quality Criteria for Ammonia (Saltwater)-1989, EPA440/5-88-004, April 1989.
ii. The conversion factor used to calculate the dissolved metal concentration ((is)) was 0.982.
jj. The conversion factor used to calculate the dissolved metal concentration ((is)) was 0.962.
kk. The conversion factor used to calculate the dissolved metal concentration ((is)) was 0.85.
ll. Marine conversion factors (CF) which were used for calculating dissolved metals concentrations are given below. Conversion factors are applicable to both acute and chronic criteria for all metals except mercury. The CF for mercury ((is applicable)) was applied to the acute criterion only and is not applicable to the chronic criterion. Conversion factors are already incorporated into the criteria in the table. Dissolved criterion= criterion x CF

Metal CF
Arsenic 1.000
Cadmium 0.994
Chromium (VI) 0.993
Copper 0.83
Lead 0.951
Mercury 0.85
Nickel 0.990
Selenium 0.998
Silver 0.85
Zinc 0.946

mm. The cyanide criteria are: ((9.1)) 2.8g/l chronic and ((2.8)) 9.1g/l acute and are applicable only to waters which are east of a line from Point Roberts to Lawrence Point, to Green Point to Deception Pass; and south from Deception Pass and of a line from Partridge Point to Point Wilson. The chronic criterion applicable to the remainder of the marine waters is l µ/L.

(4) USEPA Quality Criteria for Water, 1986, as revised, shall be used in the use and interpretation of the values listed in subsection (3) of this section.

(5) Concentrations of toxic, and other substances with toxic propensities not listed in subsection (3) of this section shall be determined in consideration of USEPA Quality Criteria for Water, 1986, and as revised, and other relevant information as appropriate. Human health-based water quality criteria used by the state are contained in 40 CFR 131.36 (known as the National Toxics Rule).

(6) Risk-based criteria for carcinogenic substances shall be selected such that the upper-bound excess cancer risk is less than or equal to one in one million.

[Statutory Authority: Chapter 90.48 RCW and 40 CFR 131. 97-23-064 (Order 94-19), 173-201A-040, filed 11/18/97, effective 12/19/97. Statutory Authority: Chapter 90.48 RCW. 92-24-037 (Order 92-29), 173-201A-040, filed 11/25/92, effective 12/26/92.]

Reviser's note: The brackets and enclosed material in the text of the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION(Amending Order 92-29, filed 11/25/92, effective 12/26/92)

WAC 173-201A-100   Mixing zones.   (1) The allowable size and location of a mixing zone and the associated effluent limits shall be established in discharge permits, general permits, or orders, as appropriate.

(2) A discharger shall be required to fully apply AKART prior to being authorized a mixing zone.

(3) Mixing zone determinations shall consider critical discharge conditions.

(4) No mixing zone shall be granted unless the supporting information clearly indicates the mixing zone would not have a reasonable potential to cause a loss of sensitive or important habitat, substantially interfere with the existing or characteristic uses of the water body, result in damage to the ecosystem, or adversely affect public health as determined by the department.

(5) Water quality criteria shall not be violated outside of the boundary of a mixing zone as a result of the discharge for which the mixing zone was authorized.

(6) The size of a mixing zone and the concentrations of pollutants present shall be minimized.

(7) The maximum size of a mixing zone shall comply with the following:

(a) In rivers and streams, mixing zones, singularly or in combination with other mixing zones, shall comply with the most restrictive combination of the following (this size limitation may be applied to estuaries having flow characteristics that resemble rivers):

(i) Not extend in a downstream direction for a distance from the discharge port(s) greater than three hundred feet plus the depth of water over the discharge port(s), or extend upstream for a distance of over one hundred feet;

(ii) Not utilize greater than twenty-five percent of the flow; and

(iii) Not occupy greater than twenty-five percent of the width of the water body.

(b) In estuaries, mixing zones, singularly or in combination with other mixing zones, shall:

(i) Not extend in any horizontal direction from the discharge port(s) for a distance greater than two hundred feet plus the depth of water over the discharge port(s) as measured during mean lower low water; and

(ii) Not occupy greater than twenty-five percent of the width of the water body as measured during mean lower low water. For the purpose of this section, areas to the east of a line from Green Point (Fidalgo Island) to Lawrence Point (Orcas Island) are considered estuarine, as are all of the Strait of Georgia and the San Juan Islands north of Orcas Island. To the east of Deception Pass, and to the south and east of Admiralty Head, and south of Point Wilson on the Quimper Peninsula, is Puget Sound proper, which is considered to be entirely estuarine. All waters existing within bays from Point Wilson westward to Cape Flattery and south to the North Jetty of the Columbia River shall also be categorized as estuarine.

(c) In oceanic waters, mixing zones, singularly or in combination with other mixing zones, shall not extend in any horizontal direction from the discharge port(s) for a distance greater than three hundred feet plus the depth of water over the discharge port(s) as measured during mean lower low water. For the purpose of this section, all marine waters not classified as estuarine in (b)(ii) of this subsection shall be categorized as oceanic.

(d) In lakes, and in reservoirs having a mean detention time greater than fifteen days, mixing zones shall not be allowed unless it can be demonstrated to the satisfaction of the department that:

(i) Other siting, technological, and managerial options that would avoid the need for a lake mixing zone are not reasonably achievable;

(ii) Overriding considerations of the public interest will be served; and

(iii) All technological and managerial methods available for pollution reduction and removal that are economically achievable would be implemented prior to discharge. Such methods may include, but not be limited to, advanced waste treatment techniques.

(e) In lakes, and in reservoirs having a mean detention time greater than fifteen days, mixing zones, singularly or in combination with other mixing zones, shall comply with the most restrictive combination of the following:

(i) Not exceed ten percent of the water body volume;

(ii) Not exceed ten percent of the water body surface area (maximum radial extent of the plume regardless of whether it reaches the surface); and

(iii) Not extend beyond fifteen percent of the width of the water body.

(8) Acute criteria are based on numeric criteria and toxicity tests approved by the department, as generally guided under WAC ((173-201A-040)) 173-201A-240 (1) through (5), and shall be met as near to the point of discharge as practicably attainable. Compliance shall be determined by monitoring data or calibrated models approved by the department utilizing representative dilution ratios. A zone where acute criteria may be exceeded is allowed only if it can be demonstrated to the department's satisfaction the concentration of, and duration and frequency of exposure to the discharge, will not create a barrier to the migration or translocation of indigenous organisms to a degree that has the potential to cause damage to the ecosystem. A zone of acute criteria exceedance shall singularly or in combination with other such zones comply with the following maximum size requirements:

(a) In rivers and streams, a zone where acute criteria may be exceeded shall comply with the most restrictive combination of the following (this size limitation may also be applied to estuaries having flow characteristics resembling rivers):

(i) Not extend beyond ten percent of the distance towards the upstream and downstream boundaries of an authorized mixing zone, as measured independently from the discharge port(s);

(ii) Not utilize greater than two and one-half percent of the flow; and

(iii) Not occupy greater than twenty-five percent of the width of the water body.

(b) In oceanic and estuarine waters a zone where acute criteria may be exceeded shall not extend beyond ten percent of the distance established in subsection (7)(b) of this section as measured independently from the discharge port(s).

(9) Overlap of mixing zones.

(a) Where allowing the overlap of mixing zones would result in a combined area of water quality criteria nonattainment which does not exceed the numeric size limits established under subsection (7) of this section, the overlap may be permitted if:

(i) The separate and combined effects of the discharges can be reasonably determined; and

(ii) The combined effects would not create a barrier to the migration or translocation of indigenous organisms to a degree that has the potential to cause damage to the ecosystem.

(b) Where allowing the overlap of mixing zones would result in exceedance of the numeric size limits established under subsection (7) of this section, the overlap may be allowed only where:

(i) The overlap qualifies for exemption under subsections (12) and (13) of this section; and

(ii) The overlap meets the requirements established in (a) of this subsection.

(10) Storm water:

(a) Storm water discharge from any "point source" containing "process wastewater" as defined in 40 C.F.R. Part 122.2 shall fully conform to the numeric size criteria in subsections (7) and (8) of this section and the overlap criteria in subsection (9) of this section.

(b) Storm water discharges not described by (a) of this subsection may be granted an exemption to the numeric size criteria in subsections (7) and (8) of this section and the overlap criteria in subsection (9) of this section, provided the discharger clearly demonstrates to the department's satisfaction that:

(i) All appropriate best management practices established for storm water pollutant control have been applied to the discharge.

(ii) The proposed mixing zone shall not have a reasonable potential to result in a loss of sensitive or important habitat, substantially interfere with the existing or characteristic uses of the water body, result in damage to the ecosystem, or adversely affect public health as determined by the department; and

(iii) The proposed mixing zone shall not create a barrier to the migration or translocation of indigenous organisms to a degree that has the potential to cause damage to the ecosystem.

(c) All mixing zones for storm water discharges shall be based on a volume of runoff corresponding to a design storm approved by the department. Exceedances from the numeric size criteria in subsections (7) and (8) of this section and the overlap criteria in subsection (9) of this section due to precipitation events greater than the approved design storm may be allowed by the department, if it would not result in adverse impact to existing or characteristic uses of the water body or result in damage to the ecosystem, or adversely affect public health as determined by the department.

(11) Combined sewer overflows complying with the requirements of chapter 173-245 WAC, may be allowed an average once per year exemption to the numeric size criteria in subsections (7) and (8) of this section and the overlap criteria in subsection (9) of this section, provided the discharge complies with subsection (4) of this section.

(12) Exceedances from the numeric size criteria in subsections (7) and (8) of this section and the overlap criteria in subsection (9) of this section may be considered by the department in the following cases:

(a) For discharges existing prior to November 24, 1992, (or for proposed discharges with engineering plans formally approved by the department prior to November 24, 1992);

(b) Where altering the size configuration is expected to result in greater protection to existing and characteristic uses;

(c) Where the volume of water in the effluent is providing a greater benefit to the existing or characteristic uses of the water body due to flow augmentation than the benefit of removing the discharge, if such removal is the remaining feasible option; or

(d) Where the exceedance is clearly necessary to accommodate important economic or social development in the area in which the waters are located.

(13) Before an exceedance from the numeric size criteria in subsections (7) and (8) of this section and the overlap criteria in subsection (9) of this section may be allowed under subsection (12) of this section, it must clearly be demonstrated to the department's satisfaction that:

(a) AKART appropriate to the discharge is being fully applied;

(b) All siting, technological, and managerial options which would result in full or significantly closer compliance that are economically achievable are being utilized; and

(c) The proposed mixing zone complies with subsection (4) of this section.

(14) Any exemptions granted to the size criteria under subsection (12) of this section shall be reexamined during each permit renewal period for changes in compliance capability. Any significant increase in capability to comply shall be reflected in the renewed discharge permit.

(15) The department may establish permit limits and measures of compliance for human health based criteria (based on lifetime exposure levels), independent of this section.

(16) Sediment impact zones authorized by the department pursuant to chapter 173-204 WAC, Sediment management standards, do not satisfy the requirements of this section.

[Statutory Authority: Chapter 90.48 RCW. 92-24-037 (Order 92-29), 173-201A-100, filed 11/25/92, effective 12/26/92.]


AMENDATORY SECTION(Amending Order 94-19, filed 11/18/97, effective 12/19/97)

WAC 173-201A-110   Short-term modifications.   The criteria and special conditions established in WAC ((173-201A-030)) 173-201A-200 through ((173-201A-140)) 173-201A-260, 173-201A-602 and 173-201A-612 may be modified for a specific water body on a short-term basis when necessary to accommodate essential activities, respond to emergencies, or to otherwise protect the public interest, even though such activities may result in a temporary reduction of water quality conditions ((below those criteria and classifications established by this regulation. Such activities must be conditioned, timed, and restricted (i.e., hours or days rather than weeks or months) in a manner that will minimize water quality degradation to existing and characteristic uses. In no case will any degradation of water quality be allowed if this degradation significantly interferes with or becomes injurious to characteristic water uses or causes long-term harm to the environment)).

(1) A short-term modification shall:

(a) Be authorized in writing by the department, and conditioned, timed, and restricted in a manner that will minimize water quality degradation to designated uses;

(b) Be valid for the duration of the activity requiring modification of the criteria and special conditions in WAC 173-201A-200 through 173-201A-260, as determined by the department;

(c) Allow degradation of water quality if the degradation does not significantly interfere with or become injurious to designated water uses or cause long-term harm to the environment.

(2) The department may authorize a longer duration where the activity is part of an ongoing or long-term operation and maintenance plan, integrated pest or noxious weed management plan, waterbody or watershed management plan, or restoration plan. Such a plan must be developed through a public involvement process consistent with the Administrative Procedure Act (chapter 34.05 RCW) and be in compliance with SEPA, chapter 43.21C RCW, in which case the standards may be modified for the duration of the plan, or for five years, whichever is less. Such long-term plans may be renewed by the department after providing for another opportunity for public and intergovernmental involvement and review.

(3) The department may allow a major watershed restoration activity that will provide greater benefits to the health of the aquatic system in the long-term (such as removing dams or reconnecting meander channels) which, in the short term, may cause significant impacts to designated uses as a result of the activities to restore the waterbody and environmental conditions. Authorization will be given in accordance with subsection (2) of this section.

(4) A short-term modification may be issued in writing by the director or his/her designee to an individual or entity proposing the aquatic application of pesticides, including but not limited to those used for control of federally or state listed noxious and invasive species, and excess populations of native aquatic plants, mosquitoes, burrowing shrimp, and fish, subject to the following terms and conditions:

(a) A short-term modification will in no way lessen or remove the project proponent's obligations and liabilities under other federal, state and local rules and regulations.

(b) A request for a short-term modification shall be made to the department on forms supplied by the department. Such request shall be made at least thirty days prior to initiation of the proposed activity, and after the project proponent has complied with the requirements of the State Environmental Policy Act (SEPA);

(c) ((A short-term modification shall be valid for the duration of the activity requiring modification of the criteria and special conditions in WAC 173-201A-030 through 173-201A-140, or for one year, whichever is less. Ecology may authorize a longer duration where the activity is part of an ongoing or long-term operation and maintenance plan, integrated pest or noxious weed management plan, waterbody or watershed management plan, or restoration plan. Such a plan must be developed through a public involvement process consistent with the Administrative Procedure Act (chapter 34.05 RCW) and be in compliance with SEPA, chapter 43.21C RCW, in which case the standards may be modified for the duration of the plan, or for five years, whichever is less;

(d))) Appropriate public notice as determined and prescribed by the director or his/her designee shall be given, identifying the pesticide, applicator, location where the pesticide will be applied, proposed timing and method of application, and any water use restrictions specified in USEPA label provisions;

(((e))) (d) The pesticide application shall be made at times so as to:

(i) Minimize public water use restrictions during weekends; and

(ii) Avoid public water use restrictions during the opening week of fishing season, Memorial Day weekend, Independence Day weekend, and Labor Day weekend;

(((f))) (e) Any additional conditions as may be prescribed by the director or his/her designee.

(((2))) (5) A short-term modification may be issued for the control or eradication of noxious weeds identified as such in accordance with the state noxious weed control law, chapter 17.10 RCW, and Control of spartina and purple loosestrife, chapter 17.26 RCW. Short-term modifications for noxious weed control shall be included in a water quality permit issued in accordance with RCW 90.48.445, and the following requirements:

(a) The department may issue water quality permits for noxious weed control may be issued to the Washington state department of agriculture (WSDA) for the purposes of coordinating and conducting noxious weed control activities consistent with their responsibilities under chapter 17.10 and 17.26 RCW. Coordination may include noxious weed control activities identified in a WSDA integrated noxious weed management plan and conducted by individual landowners or land managers.

(b) The department may also issue water quality permits ((may also be issued)) to individual landowners or land managers for noxious weed control activities where such activities are not covered by a WSDA integrated noxious weed management plan.

(((3) The turbidity criteria established under WAC 173-201A-030 shall be modified to allow a temporary mixing zone during and immediately after necessary in-water or shoreline construction activities that result in the disturbance of in-place sediments. A temporary turbidity mixing zone is subject to the constraints of WAC 173-201A-100 (4) and (6) and is authorized only after the activity has received all other necessary local and state permits and approvals, and after the implementation of appropriate best management practices to avoid or minimize disturbance of in-place sediments and exceedances of the turbidity criteria. A temporary turbidity mixing zone shall be as follows:

(a) For waters up to 10 cfs flow at the time of construction, the point of compliance shall be one hundred feet downstream from activity causing the turbidity exceedance.

(b) For waters above 10 cfs up to 100 cfs flow at the time of construction, the point of compliance shall be two hundred feet downstream of activity causing the turbidity exceedance.

(c) For waters above 100 cfs flow at the time of construction, the point of compliance shall be three hundred feet downstream of activity causing the turbidity exceedance.

(d) For projects working within or along lakes, ponds, wetlands, estuaries, marine waters or other nonflowing waters, the point of compliance shall be at a radius of one hundred fifty feet from activity causing the turbidity exceedance.))

[Statutory Authority: Chapter 90.48 RCW and 40 CFR 131. 97-23-064 (Order 94-19), 173-201A-110, filed 11/18/97, effective 12/19/97. Statutory Authority: Chapter 90.48 RCW. 92-24-037 (Order 92-29), 173-201A-110, filed 11/25/92, effective 12/26/92.]


AMENDATORY SECTION(Amending Order 94-19, filed 11/18/97, effective 12/19/97)

WAC 173-201A-160   Means of implementation.   (1) ((Discharges from municipal, commercial, and industrial operations.)) Permitting. The primary means to be used for controlling municipal, commercial, and industrial waste discharges shall be through the issuance of waste ((disposal)) discharge permits, as provided for in RCW 90.48.160, 90.48.162, and 90.48.260. Waste discharge permits, whether issued pursuant to the National Pollutant Discharge Elimination System or otherwise, must be conditioned so the discharges authorized will meet the water quality standards. No waste discharge permit can be issued which results in a violation of established water quality criteria, except as provided for in this chapter.

(a) Persons discharging wastes in compliance with the terms and conditions of permits are not subject to civil and criminal penalties on the basis that the discharge violates water quality standards.

(b) Permits are subject to modification by the department when it is determined that the discharge violates water quality standards. Major modification of permits is subject to review in the same manner as the originally issued permits.

(2) Miscellaneous waste discharge or water quality effect sources. The director shall, through the issuance of regulatory permits, directives, and orders, as are appropriate, control miscellaneous waste discharges and water quality effect sources not covered by subsection (1) of this section.

(3) Nonpoint source and storm water pollution.

(a) Activities which generate nonpoint source pollution shall be conducted so as to comply with the water quality standards. The primary means to be used for requiring compliance with the standards shall be through best management practices required in waste discharge permits, rules, orders, and directives issued by the department for activities which generate nonpoint source pollution.

(b) Best management practices shall be applied so that when all appropriate combinations of individual best management practices are utilized, violation of water quality criteria shall be prevented. If a discharger is applying all best management practices appropriate or required by the department and a violation of water quality criteria occurs, the discharger shall modify existing practices or apply further water pollution control measures, selected or approved by the department, to achieve compliance with water quality criteria. Best management practices established in permits, orders, rules, or directives of the department shall be reviewed and modified, as appropriate, so as to achieve compliance with water quality criteria.

(c) Activities which contribute to nonpoint source pollution shall be conducted utilizing best management practices to prevent violation of water quality criteria. When applicable best management practices are not being implemented, the department may conclude individual activities are causing pollution in violation of RCW 90.48.080. In these situations, the department may pursue orders, directives, permits, or civil or criminal sanctions to gain compliance with the standards.

(d) Activities which cause pollution of storm water shall be conducted so as to comply with the water quality standards. The primary means to be used for requiring compliance with the standards shall be through best management practices required in waste discharge permits, rules, orders, and directives issued by the department for activities which generate storm water pollution. The consideration and control procedures in (b) and (c) of this subsection apply to the control of pollutants in storm water.

(4) General allowance for compliance schedules.

(a) Permits, orders, and directives of the department for existing discharges may include a schedule for achieving compliance with water quality criteria contained in this chapter. Such schedules of compliance shall be developed to ensure final compliance with all water quality-based effluent limits in the shortest practicable time. Decisions regarding whether to issue schedules of compliance will be made on a case-by-case basis by the department. Schedules of compliance may not be issued for new discharges. Schedules of compliance may be issued to allow for: (i) construction of necessary treatment capability; (ii) implementation of necessary best management practices; (iii) implementation of additional storm water best management practices for discharges determined not to meet water quality criteria following implementation of an initial set of best management practices; (iv) completion of necessary water quality studies; or (v) resolution of a pending water quality standards' issue through rule-making action.

(b) For the period of time during which compliance with water quality criteria is deferred, interim effluent limitations shall be formally established, based on the best professional judgment of the department. Interim effluent limitations may be numeric or nonnumeric (e.g., construction of necessary facilities by a specified date as contained in an ecology order or permit).

(c) Prior to establishing a schedule of compliance, the department shall require the discharger to evaluate the possibility of achieving water quality criteria via nonconstruction changes (e.g., facility operation, pollution prevention). Schedules of compliance may in no case exceed ten years, and shall generally not exceed the term of any permit.

(5) Compliance schedules for dams:

(a) All existing dams in the state of Washington must comply with the provisions of this chapter.

(b) For dams that do not meet one or more of the state's water quality criteria, the dam owner must develop a water quality attainment plan that provides a detailed strategy for achieving compliance. The plan must include:

(i) A compliance schedule that does not exceed ten years;

(ii) Identification of all reasonable and feasible improvements that could be used to meet standards, or if meeting the standards is not attainable, then to achieve the highest attainable level of improvement;

(iii) Any department-approved gas abatement plan as described in WAC 173-201A-200 (1)(f)(ii) and (iii);

(iv) Analytical methods that will be used to evaluate all reasonable improvements;

(v) Water quality monitoring, which will be used by the department to track the progress in achieving compliance with the state water quality standards; and

(vi) Benchmarks and reporting sufficient for the department to track the applicant's progress toward implementing the plan within the designated time period.

(c) The plan must ensure compliance with all applicable water quality criteria, as well as any other requirements established by the department (such as through a total maximum daily load, or TMDL, analysis).

(d) If the department is acting on an application for a water quality certification, the approved water quality attainment plan may be used by the department in its determination that there is reasonable assurance that water quality standards will be met by the dam.

(e) When evaluating compliance with the plan, the department will allow the use of models and engineering estimates to approximate design success in meeting the standards.

(f) If reasonable progress toward implementing the plan is not occurring in accordance with the designated time frame, the department may declare the project in violation of the water quality standards and the project's associated water quality certification.

(g) If an applicable water quality standard is not met by the end of the time provided in the attainment plan, or after completion of all reasonable and feasible improvements, the owner must take the following steps:

(i) Evaluate any new reasonable and feasible technologies that have been developed (such as new operational or structural modifications) to achieve compliance with the standards, and develop a new compliance schedule to evaluate and incorporate the new technology;

(ii) After this evaluation, if no new reasonable and feasible improvements have been identified, then prepare a Use Attainability Analysis as described in WAC 173-201A-440, or provide a scientific justification for site-specific criteria as described in WAC 173-201A-430.

(h) New dams, and any modifications to existing facilities that do not comply with a gas abatement or other pollution control plan established to meet criteria in WAC 173-201A-200 (1)(f), must comply with the water quality standards at the time of project completion.

(i) Structural changes made as a part of a department approved gas abatement plan to aid fish passage, described in WAC 173-201A-200 (1)(f)(ii) and (iii), may result in system performance limitations in meeting water quality criteria for that parameter at other times of the year.

[Statutory Authority: Chapter 90.48 RCW and 40 CFR 131. 97-23-064 (Order 94-19), 173-201A-160, filed 11/18/97, effective 12/19/97. Statutory Authority: Chapter 90.48 RCW. 92-24-037 (Order 92-29), 173-201A-160, filed 11/25/92, effective 12/26/92.]


AMENDATORY SECTION(Amending Order 92-29, filed 11/25/92, effective 12/26/92)

WAC 173-201A-170   ((Surveillance.)) Monitoring and compliance.   A continuing surveillance program, to ascertain whether the regulations, waste disposal permits, orders, and directives promulgated and/or issued by the department are being complied with, will be conducted by the department staff as follows:

(1) Inspecting treatment and control facilities.

(2) Monitoring and reporting waste discharge characteristics.

(3) Monitoring receiving water quality.

[Statutory Authority: Chapter 90.48 RCW. 92-24-037 (Order 92-29), 173-201A-170, filed 11/25/92, effective 12/26/92.]

PART II - DESIGNATED USES AND CRITERIA
NEW SECTION
WAC 173-201A-200   Fresh water designated uses and criteria.   The following uses are designated for protection in fresh surface waters in the state of Washington. Use designations for specific waterbodies are listed in WAC 173-201A-602.

(1) Aquatic life uses. Aquatic life uses are designated using the following categories of key species. It is intended that nonspecified fish and nonfish aquatic species must also be protected.

(a) The categories for aquatic life uses are:

(i) Char. This category applies to waterbodies for the protection of spawning, or tributary rearing for the first years of life, by any species of native char (bull trout and Dolly Varden).

(ii) Salmon, steelhead, and trout spawning and rearing. This category applies to waterbodies that are protected for both spawning and rearing by species of salmon, steelhead and trout.

(iii) Salmon, steelhead, and trout rearing-only. This category applies to waterbodies that are protected for only rearing by species of salmon, steelhead and trout.

(iv) Non-anadromous interior redband trout. This category applies to waterbodies where a non-anadromous form of self-reproducing interior redband trout is present (O. mykis).

(v) Indigenous warm water species. This category applies to waterbodies where the dominant species under natural conditions would be temperature tolerant indigenous nonsalmonid species. Examples include dace, redside shiner, chiselmouth, sucker, and northern pikeminnow.

(b) General criteria. General criteria that apply to all aquatic life fresh water uses are described in WAC 173-201A-260 (1)(a) through (c), and are:

(i) Toxic, radioactive, and deleterious materials;

(ii) Aesthetic values; and

(iii) Nonpoint source pollution.

(c) Aquatic life temperature criteria. Except where noted, water temperature is measured by the "7-day average of the daily maximum temperatures," or "7-DADMax" in degrees Celsius (C) and the equivalent degrees Fahrenheit (F). Table 200 (1)(c) lists the maximum temperatures for each of the aquatic life use categories.

Table 200 (1)(c)

Aquatic Life Temperature Criteria in Fresh Water


Category Maximum 7-DADMax
Char 13C (55.4F)
Salmon, Steelhead, and Trout Spawning and Rearing 16C (60.8F)
Salmon, Steelhead, and Trout Rearing-Only 17.5C (63.5F)
Non-anadromous Interior Redband Trout 18C (64.4F)
Indigenous Warm Water Species 20C (68F)

(i) When a waterbody's temperature is warmer than the criteria in Table 200 (1)(c) (or within 0.3C (0.54F) of the criteria) and that condition is due to natural conditions or human structural changes that cannot be effectively remedied (as determined consistent with the federal regulations at 40 CFR 131.10), then human actions considered cumulatively may not cause the 7-DADMax temperature of that waterbody to increase more than 0.3C (0.54F).

(ii) When the natural condition of the water is cooler than the criteria in the table, the allowable rate of warming up to, but not exceeding, the numeric criteria from human actions are restricted as follows:

(A) Incremental temperature increases resulting from individual point source activities must not, at any time, exceed 28/(T+5) for freshwater, or 12/(T-2) for marine water, as measured at the edge of a mixing zone boundary. (Where "T" represents the background temperature as measured at a point or points unaffected by the discharge and representative of the highest ambient water temperature in the vicinity of the discharge); and

(B) Incremental temperature increases resulting from the combined effect of all nonpoint source activities in the waterbody must not, at any time, exceed 2.8C (5.04F) outside designated mixing zones.

(iii) Temperatures are not to exceed the criteria at a probability frequency of more than once every ten years on average.

(iv) Temperature measurements should represent the waterbody segment as a whole and should:

(A) Be taken from well mixed portions of rivers and streams;

(B) Not be taken from shallow stagnant backwater areas, within isolated thermal refuges, at the surface, or at the water's edge.

(v) Temperatures must be maintained to fully protect uses of downstream waters. Where an upstream waterbody segment having less stringent criteria enters a downstream segment having more stringent criteria, an area of mixing is allowed where the temperature exceeds the more stringent criteria. Mixing is allowed only where a localized change in temperature would not have the potential to impair the aquatic life use of the downstream waters.

(vi) The following criteria are intended to prevent acute lethality and barriers to fish migrations, and are to be applied when complying with provisions established in the mixing zone provision in WAC 173-201A-400(4). The criteria do not override the temperature criteria established for waters in subsection (1)(c) of this subsection, WAC 173-201A-210 (1)(c), 173-201A-602, or 173-201A-612:

(A) To protect for adult and juvenile salmonids from discrete human actions, a 7-DADMax temperature greater than 22C (71.6F) or a 1-DMax temperature greater than 23C (73.4F) is considered lethal.

(B) To protect for developing fish embryos, a 1-DMax temperature greater than 17.5C (63.5F) is considered lethal.

(C) To protect aquatic organisms, discharge plume temperatures must be maintained such that fish could not be entrained (based on plume time of travel) for more than two seconds at temperatures above 33C (91.4F) to avoid creating areas that will cause near instantaneous lethality.

(D) Barriers to adult salmon migration are assumed to exist any time the 1-DMax temperature is greater than 22C (71.6F) and the adjacent downstream water temperatures are 3C (5.4F) or more cooler.

(vii) Nothing in this chapter shall be interpreted to prohibit the establishment of effluent limitations for the control of the thermal component of any discharge in accordance with 33 U.S.C. 1326 (commonly known as section 316 of the Clean Water Act).

(d) Aquatic life dissolved oxygen (D.O.) criteria. The D.O. criteria is measured in milligrams per liter (mg/L), and includes both a short-term one-day minimum and a longer term ninety-day average of the daily minimum. Table 200 (1)(d) lists minimum D.O. for each of the aquatic life use categories.

Table 200 (1)(d)

Aquatic Life Dissolved Oxygen Criteria in Fresh Water


Category 1-day minimum 90-DADMin
Char 7.0 mg/L 9.5 mg/L
Salmon, Steelhead, and Trout Spawning and Rearing 7.0 mg/L 9.5 mg/L
Salmon, Steelhead, and Trout Rearing-Only 6.0 mg/L 8.5 mg/L
Non-anadromous Interior Redband Trout 6.0 mg/L 8.5 mg/L
Indigenous Warm Water Species 5.0 mg/L 7.0 mg/L

(i) The health of aquatic species depends upon maintaining both high longer term average D.O. levels and preventing unhealthy short-term depressions of D.O. The ninety-day average of the daily minimum and the one-day minimum criteria in the table above must both be applied to ensure protection of a healthy aquatic system.

(ii) When a waterbody's D.O. is lower than the criteria in Table 200 (1)(d) (or within 0.2 mg/L of the criteria) and that condition is due to natural conditions or human structural changes that cannot be effectively remedied (as determined consistent with the federal regulations at 40 CFR 131.10), then human actions considered cumulatively may not cause the 90-DADMin to decrease more than 0.2 mg/L.

(iii) Concentrations of D.O. are not to fall below the criteria in the table at a probability frequency of more than once every ten years on average.

(iv) Unless site-specific knowledge of the patterns of aquatic life use in a waterbody dictate otherwise, D.O. measurements should represent the water segment as a whole and should:

(A) Be taken from well mixed portions of rivers and streams; and

(B) Not be taken from shallow stagnant backwater areas, within isolated thermal refuges, at the surface, or at the water's edge.

(v) D.O. must be maintained to fully protect all existing and designated aquatic life uses of downstream waters. Where an upstream water segment having less stringent criteria enters a downstream segment having more stringent criteria, an area of mixing may occur wherein the water quality is lower than the more stringent D.O. criteria. Mixing is allowed only where a localized change in D.O. would not have the potential to impair the aquatic life use of the downstream waters.

(vi) It is important to average data for comparison with the ninety-day average of the daily minimum D.O. criteria in a manner that would not unreasonably bias the results.

(e) Aquatic life turbidity criteria. Turbidity is measured in "nephelometric turbidity units" or "NTUs." Table 200 (1)(e) lists the maximum turbidity criteria for each of the aquatic life use categories.

Table 200 (1)(e)

Aquatic Life Turbidity Criteria in Fresh Water


Category NTUs
Char Turbidity shall not exceed:

5 NTU over background when the background is 50 NTU or less; or

A 10 percent increase in turbidity when the background turbidity is more than 50 NTU.

Salmon, Steelhead, and Trout Spawning and Rearing Same as above.
Salmon, Steelhead, and Trout Rearing-Only Turbidity shall not exceed:

10 NTU over background when the background is 50 NTU or less; or

A 20 percent increase in turbidity when the background turbidity is more than 50 NTU.

Non-anadromous Interior Redband Trout Same as above.
Indigenous Warm Water Species Same as above.

The turbidity criteria established under WAC 173-201A-200 (1)(e) shall be modified, without specific written authorization from the department, to allow a temporary area of mixing during and immediately after necessary in-water construction activities that result in the disturbance of in-place sediments. This temporary area of mixing is subject to the constraints of WAC 173-201A-400 (4) and (6) and can occur only after the activity has received all other necessary local and state permits and approvals, and after the implementation of appropriate best management practices to avoid or minimize disturbance of in-place sediments and exceedances of the turbidity criteria. A temporary area of mixing shall be as follows:

(i) For waters up to 10 cfs flow at the time of construction, the point of compliance shall be one hundred feet downstream from activity causing the turbidity exceedance.

(ii) For waters above 10 cfs up to 100 cfs flow at the time of construction, the point of compliance shall be two hundred feet downstream of activity causing the turbidity exceedance.

(iii) For waters above 100 cfs flow at the time of construction, the point of compliance shall be three hundred feet downstream of activity causing the turbidity exceedance.

(iv) For projects working within or along lakes, ponds, wetlands, estuaries, marine waters or other nonflowing waters, the point of compliance shall be at a radius of one hundred fifty.

(f) Aquatic life total dissolved gas (TDG) criteria. TDG is measured in percent saturation. Table 200 (1)(f) lists the maximum TDG criteria for each of the aquatic life use categories.

Table 200 (1)(f)

Aquatic Life Total Dissolved Gas Criteria in Fresh Water


Category Percent Saturation
Char Total dissolved gas shall not exceed 110 percent of saturation at any point of sample collection.
Salmon, Steelhead, and Trout Spawning, and Rearing Same as above.
Salmon, Steelhead and Trout Rearing-Only Same as above.
Non-anadromous Interior Redband Trout Same as above.
Indigenous Warm Water Species Same as above.

(i) The water quality criteria herein established for TDG shall not apply when the stream flow exceeds the seven-day, ten-year frequency flood.

(ii) TDG is measured as an average of the twelve highest consecutive hourly readings in any one day, relative to atmospheric pressure.

(iii) The TDG criteria may be adjusted to aid fish passage over hydroelectric dams when consistent with a department approved gas abatement plan. This plan must be accompanied by fisheries management and physical and biological monitoring plans. The elevated TDG levels are intended to allow increased fish passage without causing more harm to fish populations than caused by turbine fish passage.

(iv) The following special fish passage exemptions for the Snake and Columbia rivers apply when spilling water at dams is necessary to aid fish passage:

TDG must not exceed an average of one hundred fifteen percent as measured in the forebays of the next downstream dams.

TDG must not exceed an average of one hundred twenty percent as measured in the tailraces of each dam; and

A maximum TDG one-hour average of one hundred twenty-five percent must not be exceeded during spillage for fish passage.

(g) Aquatic life pH criteria. Measurement of pH is expressed as the negative logarithm of the hydrogen ion concentration. Table 200 (1)(g) lists the pH levels for each of the aquatic life use categories.

Table 200 (1) (g)

Aquatic Life pH Criteria in Fresh Water


Use Category pH Units
Char pH shall be within the range of 6.5 to 8.5, with a human-caused variation within the above range of less than 0.2 units.
Salmon, Steelhead, and Trout Spawning and Rearing Same as above.
Salmon, Steelhead, and Trout Rearing-Only pH shall be within the range of 6.5 to 8.5 with a human-caused variation within the above range of less than 0.5 units.
Non-anadromous Interior Redband Trout Same as above.
Indigenous Warm Water Species Same as above.

(2) Water contact uses. The water contact uses are primary and secondary contact.

(a) General criteria. General criteria that apply to water contact fresh water uses are described in WAC 173-201A-260 (1)(a) through (c), and are:

(i) Toxic, radioactive, and deleterious materials;

(ii) Aesthetic values; and

(iii) Nonpoint source pollution.

(b) Water contact bacteria criteria. Table 200 (2)(b) lists the bacteria criteria to protect fresh water contact uses.

Table 200 (2)(b)

Water Contact Bacteria Criteria in Fresh Water


Category Bacteria Indicator
Primary Contact Uses E. coli organism levels must not exceed a geometric mean value of 100/100 mL, with not more than 10 percent of all samples (or any single sample when less than ten sample points exist) obtained for calculating the geometric mean value exceeding 200/100 mL.
Secondary Contact Uses E. coli organism levels must not exceed a geometric mean value of 200/100 mL, with not more than 10 percent of all samples (or any single sample when less than ten sample points exist) obtained for calculating the geometric mean value exceeding 400/100 mL.

(i) Averaging of data collected beyond a thirty-day period, or beyond a specific discharge event under investigation, is not permitted when such averaging would skew the data set so as to mask noncompliance periods.

(ii) It is preferable to average by season and include five or more data collection events within each period.

(iii) When averaging bacteria sample data for comparison to the geometric mean criteria, the period of averaging should not exceed twelve months, and should have sample collection dates well distributed throughout the reporting period.

(iv) When determining compliance with the geometric mean and single sample bacteria criteria in or around small sensitive areas, such as popular swimming beaches, it is recommended that multiple samples are taken throughout the area during each visit. Such multiple samples should be arithmetically averaged together (to reduce concerns with low bias when the data is later used in calculating a geometric mean) to reduce sample variability and to create a single representative data point.

(v) The department will, at its discretion, establish site-specific bacteria criteria for rivers and streams that cause, or significantly contribute to, the decertification or conditional certification of commercial or recreational shellfish harvest areas even when the preassigned bacteria criteria for the river or stream are being met.

(vi) Where information suggests that sample results are due primarily to sources other than warm-blooded animals (e.g., wood waste), alternative indicator criteria may be established on a site-specific basis by ecology.

(3) Water supply uses. The water supply uses are domestic, agricultural, industrial, and stock watering.

(a) General criteria. General criteria that apply to the water supply uses are described in WAC 173-201A-260 (1)(a) through (c), and are:

(i) Toxic, radioactive, and deleterious materials;

(ii) Aesthetic values; and

(iii) Nonpoint source pollution.

(b) Agricultural criteria. The criteria are applied to all rivers, lakes, and reservoirs that are used for, or designated for use as, agricultural supply water. These criteria are not to be applied on-farm or at individual points of use within irrigation projects that are designed to capture and reuse drainage water from individual agricultural operations. The criteria which follow are to be implemented as an arithmetic average value for the period of April 1 - September 30. A minimum of three samples taken during this six-month period is to be used to determine the value for compliance. Since these criteria are not aimed at preventing short-term exceedances, sample values from the last consecutive three-year period, may be combined to create a stronger data base for determining compliance. To average multiple years, however, the number of samples in each monthly or bimonthly period must generally be equal so as to reduce the chance of seasonal bias.

(i) Electrical conductivity is not to exceed 700 microsiemens per centimeter (µS/cm).

(ii) Bicarbonate is not to exceed 339 milligrams per liter (mg/L).

(iii) Total suspended solids is not to exceed 75 milligrams per liter (mg/L).

(iv) pH must be within the range of 6.5 to 9.0 standard units.

(4) Miscellaneous uses. The miscellaneous fresh water uses are wildlife habitat, commerce and navigation, and fish harvesting.

(a) General criteria. General criteria that apply to miscellaneous fresh water uses are described in WAC 173-201A-260 (1)(a) through (c), and are:

(i) Toxic, radioactive, and deleterious materials;

(ii) Aesthetic values; and

(iii) Nonpoint source pollution.

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NEW SECTION
WAC 173-201A-210   Marine water designated uses and criteria.   The following uses are designated for protection in fresh surface waters in the state of Washington. Use designations for specific waterbodies are listed in WAC 173-201A-612.

(1) Aquatic life uses. Aquatic life uses are designated using the following categories of key species. It is intended that nonspecified fish and nonfish aquatic species that are naturally found in association with the key species will also be protected.

(a) The categories for aquatic life uses are:

(i) Extraordinary quality salmonid and other fish migration, rearing, spawning, and harvesting; clam, oyster, and mussel rearing, spawning, and harvesting; crustaceans and other shellfish (crabs, shrimp, crayfish, scallops, etc.) rearing, spawning, and harvesting.

(ii) Excellent quality salmonid and other fish migration, rearing, spawning, and harvesting; clam, oyster, and mussel rearing, spawning, and harvesting; crustaceans and other shellfish (crabs, shrimp, crayfish, scallops, etc.) rearing, spawning, and harvesting.

(iii) Good quality salmonid and other fish migration, rearing, spawning, and harvesting; clam, oyster, and mussel rearing and spawning; crustaceans and other shellfish (crabs, shrimp, crayfish, scallops, etc.) rearing, spawning, and harvesting.

(iv) Fair quality salmonid and other fish migration and harvesting.

(b) General criteria. General criteria that apply to aquatic life marine water uses are described in WAC 173-201A-260 (1)(a) through (c), and are:

(i) Toxic, radioactive, and deleterious materials;

(ii) Aesthetic values; and

(iii) Nonpoint source pollution.

(c) Aquatic life temperature criteria. Except where noted, temperature is measured as a "1-day maximum temperature," or "1-DMax" in degrees Celsius (C) and the equivalent degrees Fahrenheit (F). Table 210 (1)(c) lists the maximum temperature criteria allowed as a result of human actions for each of the aquatic life use categories.

Table 210 (1)(c)

Aquatic Life Temperature Criteria in Marine Water


Category 1-DMax
Extraordinary quality 13C (55.4F)
Excellent quality 16C (60.8F)
Good quality 19C (66.2F)
Fair quality 22C (71.6F)

Notes in WAC 173-201A-200 (1)(c)(i) through (vii) for aquatic life temperature criteria in fresh water apply to this table where applicable to marine water.

(d) Aquatic life dissolved oxygen (D.O.) criteria. Except where noted, D.O. concentrations are measured as a 1-day minimum in milligrams per liter. Table 210 (1)(d) lists the D.O. criteria allowed as a result of human actions for each of the aquatic life use categories.

Table 210 (1)(d)

Aquatic Life Dissolved Oxygen Criteria in Marine Water

Category 1-Day Minimum Dissolved Oxygen in mg/L
Extraordinary quality 7.0 mg/L
Excellent quality 6.0 mg/L
Good quality 5.0 mg/L
Fair quality 4.0 mg/L

Notes in WAC 173-201A-200 (1)(d)(i) through (iv) for aquatic life D.O. criteria in fresh water apply to this table where applicable to marine water.

(e) Aquatic life turbidity criteria. Turbidity is measured in "nephelometric turbidity units" or "NTUs." Table 210 (1)(e) lists the maximum turbidity criteria allowed as a result of human actions for each of the aquatic life use categories.

Table 210 (1) (e)

Aquatic Life Turbidity Criteria in Marine Water

Category NTUs
Extraordinary quality Turbidity must not exceed:

5 NTU over background when the background is 50 NTU or less; or

A 10 percent increase in turbidity when the background turbidity is more than 50 NTU.

Excellent quality Same as above.
Good quality Turbidity must not exceed:

10 NTU over background when the background is 50 NTU or less; or

A 20 percent increase in turbidity when the background turbidity is more than 50 NTU.

Fair quality Same as above.

Notes in WAC 173-201A-200 (1)(e)(i) for turbidity criteria in fresh water apply to this table where applicable to marine water.

(f) Aquatic life pH criteria. Measurement of pH is expressed as the negative logarithm of the hydrogen ion concentration. Table 210 (1)(f) lists the pH levels allowed as a result of human actions for each of the aquatic life use categories.

Table 210 (1)(f)

Aquatic Life pH Criteria in Marine Water

Use Category pH Units
Extraordinary quality pH must be within the range of 7.0 to 8.5 with a human-caused variation within the above range of less than 0.2 units.
Excellent quality pH must be within the range of 7.0 to 8.5 with a human-caused variation within the above range of less than 0.5 units.
Good quality Same as above.
Fair quality pH must be within the range of 6.5 to 9.0 with a human-caused variation within the above range of less than 0.5 units.

(g) Aquatic life bacteria criteria. Table 210 (1)(g) lists the bacteria criteria to protect aquatic life uses for marine water.

Table 210 (1)(g)

Aquatic Life Use Bacteria Criteria in Marine Water

Category Bacteria Indicator
Extraordinary quality Fecal coliform organism levels must not exceed a geometric mean value of 14 colonies/100 mL, and not have more than 10 percent of all samples (or any single sample when less than ten sample points exist) obtained for calculating the geometric mean value exceeding 43 colonies/100 mL.
Excellent quality Fecal coliform organism levels must not exceed a geometric mean value of 14 colonies/100 mL, and not have more than 10 percent of all samples (or any single sample when less than ten sample points exist) obtained for calculating the geometric mean value exceeding 43 colonies/100 mL.
Good quality N/A
Fair quality N/A

(i) Fecal coliform levels for shellfish growing areas will be viewed by ecology as also being fully protective of primary and secondary water contact uses.

(ii) Shellfish growing areas approved for unconditional harvest by the state department of health are fully supporting the shellfish harvest goals of this chapter, even when comparison with the criteria contained in this chapter suggest otherwise.

(iii) Notes in WAC 173-201A-200 (2)(b)(i) through (vi) for water contact criteria in fresh water apply for marine water.

(2) Water contact uses. The water contact uses are primary contact and secondary contact.

(a) General criteria. General criteria that apply to water contact uses for marine water are described in WAC 173-201A-260 (1)(a) through (c), and are:

(i) Toxic, radioactive, and deleterious materials;

(ii) Aesthetic values; and

(iii) Nonpoint source pollution.

(b) Water contact bacteria criteria. Table 210 (2)(b) lists the bacteria criteria to protect water contact uses for marine water.

Table 210 (2)(b)

Water Contact Use Bacteria Criteria in Marine Water

Category Bacteria Indicator
Primary Contact Use Enterococci organism levels must not exceed a geometric mean value of 35/100 mL, with not more than 10 percent of all samples (or any single sample when less than ten sample points exist) obtained for calculating the geometric mean value exceeding 104/100 mL.
Secondary Contact Use Enterococci organism levels must not exceed a geometric mean value of 70/100 mL, with not more than 10 percent of all samples (or any single sample when less than ten sample points exist) obtained for calculating the geometric mean value exceeding 208/100 mL.

(i) Fecal coliform levels for shellfish growing areas will be viewed by ecology as also being fully protective of primary and secondary water contact uses.

(ii) Shellfish growing areas approved for unconditional harvest by the state department of health are fully supporting the shellfish harvest goals of this chapter, even when comparison with the criteria contained in this chapter suggest otherwise.

(iii) Notes in WAC 173-201A-200 (2)(d)(i) through (vi) for water contact criteria in fresh water apply to this table for marine water.

(3) Miscellaneous uses. The miscellaneous marine water uses are wildlife habitat and commerce and navigation.

General criteria. General criteria that apply in miscellaneous marine water uses are described in WAC 173-201A-260 (1)(a) through (c) apply to the marine water miscellaneous uses and are:

(a) Toxic, radioactive, and deleterious materials;

(b) Aesthetic values; and

(c) Nonpoint source pollution.

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NEW SECTION
WAC 173-201A-230   Establishing lake nutrient criteria.   (1) The following table shall be used to aid in establishing nutrient criteria:


(Table 230(1)) The ecoregional and trophic-state action values for establishing nutrient criteria:

Coast Range, Puget Lowlands, and Northern Rockies Ecoregions:
Trophic State If Ambient TP (µg/l)

Range of Lake is:

Then criteria

should be set at:

Ultra-oligotrophic 0-4 4 or less
Oligotrophic >4-10 10 or less
Lower mesotrophic >10-20 20 or less
Action value
>20 . . . . . . . . . . . . lake specific study may be initiated.
Cascades Ecoregion:
Trophic State If Ambient TP (µg/l)

Range of Lake is:

Then criteria

should be set at:

Ultra-oligotrophic 0-4 4 or less
Oligotrophic >4-10 10 or less
Action value
>10 . . . . . . . . . . . . lake specific study may be initiated.
Columbia Basin Ecoregion:
Trophic State If Ambient TP (µg/l)

Range of Lake is:

Then criteria

should be set at:

Ultra-oligotrophic 0-4 4 or less
Oligotrophic >4-10 10 or less
Lower mesotrophic >10-20 20 or less
Upper mesotrophic >20-35 35 or less
Action value
>35 . . . . . . . . . . . . lake specific study may be initiated.

Lakes in the Willamette, East Cascade Foothills, or Blue Mountain ecoregions do not have recommended values and need to have lake-specific studies in order to receive criteria as described in subsection (3) of this section.

(2) The following actions are recommended if ambient monitoring of a lake shows the epilimnetic total phosphorus concentration, as shown in Table 1 of this section, is below the action value for an ecoregion:

(a) Determine trophic status from existing or newly gathered data. The recommended minimum sampling to determine trophic status is calculated as the mean of four or more samples collected from the epilimnion between June through September in one or more consecutive years. Sampling must be spread throughout the season.

(b) Propose criteria at or below the upper limit of the trophic state; or

(c) Conduct lake-specific study to determine and propose to adopt appropriate criteria as described in (c) of this subsection.

(3) The following actions are recommended if ambient monitoring of a lake shows total phosphorus to exceed the action value for an ecoregion shown in Table 1 of this section or where recommended ecoregional action values do not exist:

(a) Conduct a lake-specific study to evaluate the characteristic uses of the lake. A lake-specific study may vary depending on the source or threat of impairment. Phytoplankton blooms, toxic phytoplankton, or excessive aquatic plants, are examples of various sources of impairment. The following are examples of quantitative measures that a study may describe: Total phosphorus, total nitrogen, chlorophyll-a, dissolved oxygen in the hypolimnion if thermally stratified, pH, hardness, or other measures of existing conditions and potential changes in any one of these parameters.

(b) Determine appropriate total phosphorus concentrations or other nutrient criteria to protect characteristic lake uses. If the existing total phosphorus concentration is protective of characteristic lake uses, then set criteria at existing total phosphorus concentration. If the existing total phosphorus concentration is not protective of the existing characteristic lake uses, then set criteria at a protective concentration. Proposals to adopt appropriate total phosphorus criteria to protect characteristic uses must be developed by considering technical information and stakeholder input as part of a public involvement process equivalent to the Administrative Procedure Act (chapter 34.05 RCW).

(c) Determine if the proposed total phosphorus criteria necessary to protect characteristic uses is achievable. If the recommended criterion is not achievable and if the characteristic use the criterion is intended to protect is not an existing use, then a higher criterion may be proposed in conformance with 40 CFR part 131.10.

(4) The department will consider proposed lake-specific nutrient criteria during any water quality standards rule making that follows development of a proposal. Adoption by rule formally establishes the criteria for that lake.

(5) Prioritization and investigation of lakes by the department will be initiated by listing problem lakes in a watershed needs assessment, and scheduled as part of the water quality program's watershed approach to pollution control. This prioritization will apply to lakes identified as warranting a criteria based on the results of a lake-specific study, to lakes warranting a lake-specific study for establishing criteria, and to lakes requiring restoration and pollution control measures due to exceedance of an established criterion. The adoption of nutrient criteria are generally not intended to apply to lakes or ponds with a surface area smaller than five acres; or to ponds wholly contained on private property owned and surrounded by a single landowner; and nutrients do not drain or leach from these lakes or private ponds to the detriment of other property owners or other water bodies; and do not impact designated uses in the lake. However, if the landowner proposes criteria the department may consider adoption.

(6) The department may not need to set a lake-specific criteria or further investigate a lake if existing water quality conditions are naturally poorer (higher TP) than the action value and uses have not been lost or degraded, per WAC 173-201A-260(2).

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NEW SECTION
WAC 173-201A-260   Other water quality criteria and applications.   (1) Toxics, aesthetics, and nonpoint source pollution criteria. The following narrative criteria apply to all designated uses for fresh and marine water:

(a) Toxic, radioactive, or deleterious material concentrations must be below those which have the potential, either singularly or cumulatively, to adversely affect characteristic water uses, cause acute or chronic conditions to the most sensitive biota dependent upon those waters, or adversely affect public health (see WAC 173-201A-240, toxic substances, and 173-201A-250, radioactive substances).

(b) Aesthetic values must not be impaired by the presence of materials or their effects, excluding those of natural origin, which offend the senses of sight, smell, touch, or taste (see WAC 173-201A-230 for guidance on establishing lake nutrient standards to protect aesthetics).

(c) Runoff from nonpoint sources (such as from animal and human wastes or soil erosion from land-use activities) are not allowed to drain or be discharged into surface waterbodies of the state, except when controlled with best management practices or treated with waste treatment technology, as approved by the department.

(2) Natural and irreversible human conditions. It is recognized that portions of many waterbodies cannot meet the assigned criteria due to the natural conditions of the waterbody. When a waterbody does not meet its assigned criteria due to natural climatic or landscape attributes, or due to human structural changes that cannot be effectively remedied (as determined consistent with the federal regulations at 40 CFR 131.10), then alternative estimates of the attainable water quality conditions, plus any further human effects allowance specified in this section for when natural conditions are above a numeric criteria, may become an alternative criteria target for a waterbody.

(3) Procedures for applying water quality criteria. In applying the appropriate water quality criteria for a water, the department will use the following procedure:

(a) The department will establish water quality requirements for waterbodies, in addition to those specifically listed in this chapter, on a case-specific basis where determined necessary to provide full support for existing uses.

(b) Upstream actions must be conducted in a manner that meets downstream waterbody criteria.

(c) If a waterbody has more than one use assigned to it under WAC 173-201A-602 or 173-201A-612, the most stringent water quality criteria for all included uses apply.

(d) At the boundary between waterbodies protected for different uses, the more stringent criteria apply.

(e) In brackish waters of estuaries, where different criteria for the same use occurs for fresh and marine waters, the decision to use the fresh water or the marine water criteria must be selected and applied on the basis of vertically averaged daily maximum salinity, referred to below as "salinity."

(i) The fresh water criteria must be applied at any point where ninety-five percent of the salinity values are less than or equal to one part per thousand, except that the fresh water criteria for bacteria applies when the salinity is less than ten parts per thousand; and

(ii) The marine water criteria must apply at all other locations where the salinity values are greater than one part per thousand, except that the marine criteria for bacteria applies when the salinity is ten parts per thousand or greater.

(f) Numeric criteria established in this chapter are not intended for application to human-created waters managed primarily for the removal or containment of pollution. This includes private farm ponds created from upland sites that did not incorporate natural waterbodies. Water systems covered under this exemption must be managed so that:

(i) They do not create unreasonable risks to human health or beneficial uses;

(ii) Discharges from these systems meet downstream water quality criteria.

This general exemption does not apply to ditches, such as those used for drainage and irrigation, that are designed and managed only to convey or transport water from one location to another.

(g) When applying the numeric criteria established in this chapter, the department will give consideration to the precision and accuracy of the sampling and analytical methods used, as well as the existing conditions at the time.

(h) The analytical testing methods for these numeric criteria must be in accordance with the "Guidelines Establishing Test Procedures for the Analysis of Pollutants" (40 CFR Part 136) or superseding methods published. The department may also approve other methods following consultation with adjacent states and with the approval of the USEPA.

(i) The primary means for protecting water quality in wetlands is through implementing the antidegradation procedures described in Part III of this chapter.

(i) In addition to designated uses, wetlands may have existing beneficial uses that are to be protected that include ground water exchange, shoreline stabilization, and storm water attenuation.

(ii) Water quality in wetlands is maintained and protected by maintaining the hydrologic conditions, hydrophytic vegetation, and substrate characteristics necessary to support existing and designated uses.

(iii) Wetlands must be delineated using the Washington State Wetlands Identification and Delineation Manual, in accordance with WAC 173-22-035.

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PART III - ANTIDEGRADATION
NEW SECTION
WAC 173-201A-300   Purpose.   The purpose of the antidegradation policy is to:

(1) Restore and maintain the highest possible quality of the surface waters of Washington;

(2) Describe situations under which a water quality can be lowered from its current condition;

(3) Apply to human activities that are likely to have an impact on the water quality of a surface water;

(4) Assure that human activities that are likely to contribute to a lowering of water quality, at a minimum, apply all known, available, and reasonable methods of prevention, control, and treatment (AKART); and

(5) Apply three levels of protection for surface waters of the state, further described below:

(a) Tier I protection, to assure that existing and designated uses are maintained and protected;

(b) Tier II protection, to assure that waters of a higher quality than standards are protected; and

(c) Tier III protection, to assure that "outstanding resource waters" are designated and protected.

The antidegradation policy is guided by chapter 90.48 RCW, Water Pollution Control Act, chapter 90.54 RCW, Water Resources Act of 1971, and 40 CFR 131.12.

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NEW SECTION
WAC 173-201A-310   Tier I -- Existing uses of a water protected and maintained.   (1) The water quality necessary to protect existing and designated uses of a water must be maintained and protected.

(2) For degraded waters, the department will take appropriate and definitive steps to bring the water quality back to levels which meet the water quality standards.

(3) Where water quality criteria are not met due to natural conditions, human actions are not allowed to further lower the water quality, except where explicitly allowed in this chapter.

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NEW SECTION
WAC 173-201A-320   Tier II -- Waters of a higher quality than the standards protected.   (1) Where a water is demonstrated to be of a higher quality than a criterion assigned to that water, the water quality must be protected at the higher level unless the department determines that a lowering of water quality is necessary and in the overriding public interest. The department may authorize new or expanded actions that are expected to cause a measurable change in water quality only if:

(a) The resulting quality of the water will fully protect existing uses;

(b) The resulting water quality will not exceed the applicable criteria of WAC 173-201A-200 through 173-201A-260, 173-201A-400 through 173-201A-450, or 173-201A-602 and 173-201A-612;

(c) AKART, for both point and nonpoint sources, is applied; and

(d) The decrease in water quality is found to be necessary and in the overriding public interest after conducting a satisfactory public participation and intergovernmental coordination process.

(2) To determine that a lowering of water quality is necessary and in the overriding public interest, an analysis will be conducted for new or expanded actions when the resulting discharge is expected to cause a measurable change in the physical, chemical, or biological quality of a waterbody. Measurable changes will be determined based on a predicted change in water quality at a point outside the source area, after allowing for mixing consistent with WAC 173-201A-400(7). In the context of this regulation, a measurable change refers to:

(a) Temperature increase of 0.3C or more;

(b) Dissolved oxygen decrease of 0.2 mg/L or more;

(c) Bacteria level increase of 2 cfu/100 mL or more;

(d) pH change of 0.1 units;

(e) Turbidity increase of 0.5 NTU or more; or

(f) Any detectable change in the concentration of a toxic or radioactive substance.

(3) A Tier II analysis will only be conducted in conjunction with the following authorizations:

(a) National Pollutant Discharge Elimination System (NPDES) waste discharge permits;

(b) State waste discharge permits to surface waters;

(c) Section 401 water quality certifications for federal activities; and

(d) Other water pollution control programs authorized, implemented, or administered by the department.

(4) Once an activity has been determined to cause a measurable lowering in water quality, then an analysis must be conducted to determine if the lowering of water quality is necessary and in the overriding public interest. Information to conduct the analysis must be provided by the applicant seeking the authorization, or the department in developing a general permit or pollution control program, and must include:

(a) A statement of the benefits and costs of the social, economic, and environmental effects associated with the action. This information will be used to justify that the lowering of water quality accommodates important economic or social development in the area in which the water is located. Examples of information that can assist in this justification:

(i) Economic benefits such as creating or expanding employment, increasing median family income, or increasing the community tax base;

(ii) Providing or contributing to necessary social services;

(iii) Innovative pollution control and management approaches that would allow a significant improvement in AKART for a particular industry or category of action;

(iv) Prevention or remediation of environmental or public health threats.

(b) Information that identifies and selects the best combination of site, structural, and managerial approaches that can be practically implemented to prevent or minimize the lowering of water quality. This information will be used to justify that the lowering of water quality is necessary. Examples that may be considered as alternatives include:

(i) Pollution prevention measures (such as changes in plant processes, source reduction, and substitution with less toxic substances);

(ii) Recycle/reuse of waste by-products or production materials and fluids;

(iii) Application of water conservation methods;

(iv) Alternative or enhanced treatment technology;

(v) Improved operation and maintenance of existing treatment systems;

(vi) Seasonal or controlled discharge options to avoid critical conditions of water quality;

(vii) Establishing buffer areas with effective limits on activities;

(viii) Land application or infiltration to capture pollutants and reduce surface runoff, on-site treatment, or alternative discharge locations;

(ix) Water quality offsets as described in WAC 173-201A-450.

(5) The department retains the discretion to require that the applicant examine specific alternatives, or that additional information be provided to conduct the analysis.

(6) General permit and water pollution control programs are developed for a category of dischargers that have similar processes and process pollutants. New or reissued general permits or other water pollution control programs authorized, implemented, or administered by the department will undergo an analysis under Tier II at the time the department develops and approves the general permit or program.

(a) Individual activities covered under these general permits or programs will not require a Tier II analysis.

(b) The economic and environmental considerations made, when developing the general permit or program, satisfy the requirements of subsection (4)(a) of this section. A statement to that effect will be included in information provided during the public process.

(c) The department recognizes that many water quality programs are in a continual state of improvement and development. As a result, information regarding the existence, effectiveness, or costs of control practices for reducing pollution and meeting the water quality standards may be incomplete. In these instances, the antidegradation requirements of this section can be considered met for general permits and programs that have a formal process to select, develop, adopt, and refine control practices for protecting water quality and meeting the intent of this section. This adaptive process must:

(i) Ensure that information is developed and used expeditiously to revise permit or program requirements;

(ii) Review and refine management and control programs in cycles not to exceed five years;

(iii) Include a plan that describes how information will be obtained and used to ensure full compliance with this chapter. The plan must be developed and documented in advance of permit or program approval under this section.

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NEW SECTION
WAC 173-201A-330   Tier III -- Outstanding resource waters protected.   Where a high quality water is designated as an outstanding resource water, the water quality and uses of those waters must be maintained and protected.

(1) To be eligible for designation as an outstanding resource water in Washington, one or more of the following must apply:

(a) The water is in a relatively pristine condition (largely absent human sources of degradation) or possesses exceptional water quality, and also occurs in federal and state parks, monuments, preserves, wildlife refuges, wilderness areas, marine sanctuaries, estuarine research reserves, or wild and scenic rivers;

(b) The water has unique aquatic habitat types (for example, peat bogs) that by conventional water quality parameters (such as dissolved oxygen, temperature, or sediment) are not considered high quality, but which are unique and regionally rare examples of their kind;

(c) The water has both high water quality and regionally unique recreational value;

(d) The water has areas of thermal refuge created by cold water seeps, springs, and ground water emergence areas that have been determined through biological and physical habitat studies to be critical to the long-term protection of aquatic species (for this type of outstanding resource water, the nondegradation protection would apply only to temperature).

(2) Any water or portion thereof that meets one or more of the conditions described in subsection (1) of this section may be designated for protection as an outstanding resource water. A request for designation may be made by:

(a) Public nominations that are submitted to the department in writing and include sufficient information to show how the waterbody meets the appropriate conditions identified in this section; or

(b) The department, in coordination with its waterbody assessment process, or in coordination with activities occurring on a watershed-basis.

(3) After receiving a request for outstanding resource water designation, the department will:

(a) Respond within sixty days of receipt with a decision on whether the submitted information demonstrates that the waterbody meets the eligibility requirements for an outstanding resource water. If the submitted information demonstrates that the waterbody meets the eligibility requirements, the department will schedule a review of the nominated water for designation as an outstanding resource water. The review will include a public process and consultation with recognized tribes in the geographic vicinity of the water.

(b) In determining whether or not to designate an outstanding resource water, the department will consider factors relating to the difficulty of maintaining the current quality of the waterbody. Outstanding resource waters should not be designated where substantial and imminent social or economic impact to the local community will occur, unless the public support is overwhelmingly in favor of the designation. The department will carefully weigh the level of support from the public and affected governments in assessing whether or not to designate the water as an outstanding resource water.

(c) After considering public comments and weighing public support for the proposal, the department will make a final determination on whether a nominated waterbody should be adopted into this chapter as an outstanding resource water.

(4) A designated outstanding resource water will be maintained and protected, except in the following situations:

(a) Temporary actions that are necessary to protect the public interest as approved by the department.

(b) Treatment works bypasses for sewage, waste, and stormwater are allowed where such a bypass is unavoidable to prevent the loss of life, personal injury, or severe property damage, and no feasible alternatives to the bypass exist.

(c) Response actions taken in accordance with the Comprehensive Environmental Response Compensation and Liability Act (CERCLA), as amended, or similar federal or state authorities, to alleviate a release into the environment of substances which may pose an imminent and substantial danger to public health or welfare.

(d) Constituents of atmospheric deposition not found in measurable concentrations in the surface layer of the water, the sediments, or the tissues of aquatic life.

[]

PART IV - TOOLS FOR APPLICATION OF CRITERIA AND USES
NEW SECTION
WAC 173-201A-420   Variance.   The criteria established in WAC 173-201A-200 through 173-201A-260 may be modified for individual facilities, or stretches of waters, as a variance when:

(1) The modification is consistent with the requirements of federal law (currently 40 CFR 131.10(g)).

(2) The waterbody is assigned variances for specific criteria and all other applicable criteria must be met;

(3) Reasonable progress is being made toward meeting the original criteria;

(4) Each variance is subject to a public and intergovernmental involvement process; and

(5) The department may issue a variance for up to five years, and may renew the variance after providing for another opportunity for public and intergovernmental involvement and review.

[]


NEW SECTION
WAC 173-201A-430   Site specific criteria.   After determining that the criteria established for a waterbody cannot be attained due in part or whole to natural climatic or landscape attributes, or irreversible human changes, site specific criteria may be developed, if it meets the following conditions:

(1) It is consistent with the federal regulations on designating and protecting uses (currently 40 CFR 131.10);

(2) Each site specific criteria is subject to a public involvement and intergovernmental coordination process;

(3) The site-specific analyses for the development of new water quality criteria must be conducted in a manner that is scientifically justifiable and consistent with the assumptions and rationale in "Guidelines for Deriving National Water Quality Criteria for the Protection of Aquatic Organisms and their Uses," EPA 1985; and conducted in accordance with the procedures established in the "Water Quality Standards Handbook," EPA 1994, as revised;

(4) The decision to approve the site specific criteria is based on a demonstration that alternative criteria will protect the existing and attainable uses of the waterbody; and

(5) Written authorization is received from the department.

[]


NEW SECTION
WAC 173-201A-440   Use attainability analysis.   Removal of a designated use for a waterbody assigned in this chapter must be based on a use attainability analysis (UAA). A UAA is a structured scientific assessment of the factors affecting the attainment of the use which may include physical, chemical, biological, and economic factors. A use can only be removed through a UAA if it is not existing or attainable. Procedures to conduct a UAA are as follows:

(1) A request to conduct a UAA for removal of a designated use on a waterbody must be submitted to the department in writing and include sufficient information to demonstrate that the use is neither existing nor attainable;

(a) A UAA must be consistent with the federal regulations on designating and protecting uses in federal regulations (currently 40 CFR 131.10);

(b) Subcategories of use protection that reflect the lower physical potential of the waterbody for protecting designated uses must be based upon federal regulations (currently 40 CFR 131.10(c)); and

(c) Allowing for seasonal uses where doing so would not harm existing or designated uses occurring in that or another season, must be based upon federal regulations (currently 40 CFR 131.10(f)).

(2) After receiving a UAA, the department will respond within sixty days of receipt with a decision on whether to proceed.

(3) The UAA is subject to a public involvement and intergovernmental coordination process, including tribal consultation.

(4) The department will maintain a list of federally recognized tribes in the state of Washington. During all stages of development and review of UAA proposals, the department will provide notice and consult with representatives of the interested affected Indian tribes on a government-to-government basis, and carefully consider their recommendations.

[]


NEW SECTION
WAC 173-201A-450   Water quality offsets.   (1) A water quality offset occurs where a project proponent implements or finances the implementation of controls for point or nonpoint sources to reduce the levels of pollution for the purpose of creating sufficient assimilative capacity to allow new or expanded discharges. The goal of water quality offsets is to reduce the pollution levels of a waterbody sufficiently so that a proponent's actions do not cause or further contribute to a violation of the requirements of this chapter and so that they result in a net environmental benefit. Water quality offsets may be used to assist an entity in meeting load allocations targeted under a pollution reduction analysis (such as a total maximum daily load) as established by the department. Water quality offsets may be used to reduce the water quality effect of a discharge to levels that are unmeasurable and in compliance with the water quality antidegradation Tier II analysis (WAC 173-201A-320).

(2) Water quality offsets may be allowed by the department when it meets all of the following conditions:

(a) Water quality offsets must target specific water quality parameters that would not meet the water quality standards within that water body.

(b) The improvements in water quality associated with creating water quality offsets for any proposed new or expanded actions must be demonstrated to have occurred in advance of the proposed action.

(c) The technical basis and methodology for the water quality offsets is documented through a technical analysis of pollutant loading, and that analysis is made available for review by the department. The methodology must incorporate the uncertainties associated with any proposed point or nonpoint source controls as well as variability in effluent quality for sources, and must demonstrate that an appropriate margin of safety is included. The approach must clearly account for the attenuation of the benefits of pollution controls as the water moves to the location where the offset is needed.

(d) Point or nonpoint source pollution controls must be secured using binding legal instruments between any involved parties for the life of the project that is being offset. The proponent remains solely responsible for ensuring the success of offsetting activities for both compliance and enforcement purposes.

(e) Only the proportion of the pollution controls which occurs beyond existing requirements for those sources can be included in the offset allowance.

(f) Water quality offsets must meet antidegradation requirements in WAC 173-201A-300 through 173-201A-330 and federal antibacksliding requirements in CFR 122.44(l).

[]

PART V - IMPLEMENTATION OF STANDARDSPART VI - USE DESIGNATIONS FOR WATERS OF THE STATE
NEW SECTION
WAC 173-201A-600   Specific use designations -- Fresh waters.   Table 602 in WAC 173-201A-602 assigns uses according to the following:

(1) Aquatic life: Char; salmon spawning and rearing; salmon rearing-only; redband trout; indigenous warm water species. (WAC 173-201A-200(1).)

(2) Water contact: Primary; secondary. (WAC 173-201A-200(2).)

(3) Water supply: Domestic; industrial; agricultural; stock watering. (WAC 173-201A-200(3).)

(4) Miscellaneous uses: Wildlife habitat; commerce and navigation; fish harvesting. (WAC 173-201A-200(4).)

Key to Table 602:

Table Term Description
Char Native Char Spawning and Rearing. This category applies to waterbodies for the protection of spawning, or tributary rearing for the first years of life, by any species of native char (bull trout and Dolly Varden).
Salmon Spawning and Rearing Salmon, Steelhead, and Trout Spawning and Rearing. This category applies to waterbodies that are protected for both spawning and rearing by species of salmon, steelhead and trout.
Salmon Rearing-Only Salmon, Steelhead, and Trout Rearing-Only. This category applies to waterbodies that are protected for only rearing by species of salmon, steelhead and trout.
Redband Trout Non-anadromous Interior Redband Trout. This category applies to waterbodies where a non-anadromous form of self-reproducing interior redband trout is present (O. mykis).
Indigenous Warm Water Species Indigenous Warm Water Species. This category applies to waterbodies where the dominant species under natural conditions would be temperature tolerant indigenous nonsalmonid species. Examples include dace, redside shiner, chiselmouth, sucker, and northern pikeminnow.
Primary Primary water contact uses.
Secondary Secondary water contact uses.
Domestic Domestic water supply.
Industrial Industrial water supply.
Agricultural Agricultural water supply.
Wildlife Wildlife habitat.
Commerce Commerce and navigation.
Fish Harvesting Fish harvesting.

[]


NEW SECTION
WAC 173-201A-602   Table 602 -- Use designations for fresh waters by water resource inventory area (WRIA).   Table 602 lists uses for fresh waters. The Columbia River is listed first, followed by other waterbodies listed by WRIA. It is possible to remove, or add, a use to a waterbody through a use attainability analysis. In order to do this, follow the process described in WAC 173-201A-440. For "Aquatic Life Uses," only the use with the most stringent criteria is listed. For each entry, all of the other uses with less stringent criteria (appearing lower on the list) are also designated uses. The criteria notes in Table 602 take precedence over the criteria in WAC 173-201A-200 for same parameter.

Illustration 1: Water Resources Inventory Area Map

Place illustration here.
Key:
1. Nooksack 21. Queets/Quinault 41. Lower Crab 61. Upper Lake Roosevelt
2. San Juan 22. Lower Chehalis 42. Grand Coulee 62. Pend Oreille
3. Lower Skagit/Samish 23. Upper Chehalis 43. Upper Crab/Wilson
4. Upper Skagit 24. Willapa 44. Moses Coulee
5. Stillaguamish 25. Grays/Elochoman 45. Wenatchee
6. Island 26. Cowlitz 46. Entiat
7. Snohomish 27. Lewis 47. Chelan
8. Cedar/Sammamish 28. Salmon/Washougal 48. Methow
9. Duwamish/Green 29. Wind/White Salmon 49. Okanogan
10. Puyallup/White 30. Klickitat 50. Foster
11. Nisqually 31. Rock/Glade 51. Nespelem
12. Chambers/Clover 32. Walla Walla 52. Sanpoil
13. Deschutes 33. Lower Snake 53. Lower Lake Roosevelt
14. Kennedy/Goldsborough 34. Palouse 54. Lower Spokane
15. Kitsap 35. Middle Snake 55. Little Spokane
16. Skokomish/

Dosewallips

36. Esquatzel Coulee 56. Hangman
17. Quilcene/Snow 37. Lower Yakima 57. Middle Spokane
18. Elwha/Dungeness 38. Naches 58. Middle Lake Roosevelt
19. Lyre/Hoko 39. Upper Yakima 59. Colville
20. Soleduc 40. Alkaki/Squilchuck 60. Kettle

TABLE 602


Use Designations for Fresh Waters by Water Resource Inventory Area (WRIA)

Aquatic Life Uses Water Contact Use Water Supply Use Miscellaneous Use
Char

Salmon Spawning and Rearing

Salmon Rearing-Only

Redband Trout

Indigenous Warm Water Species

Primary

Secondary

Domestic

Industrial

Agriculture

Stock Water

Wildlife

Commerce

Fish Harvesting

COLUMBIA RIVER
USES for all waters not specifically listed below. Salmon Spawning and Rearing Primary ALL ALL
Columbia River from mouth to the Washington-Oregon border (river mile 309.3).1 Salmon Spawning and Rearing Primary ALL ALL
Columbia River from Washington-Oregon border (river mile 309.3) to Grand Coulee Dam (river mile 596.6).2 Salmon Spawning and Rearing Primary ALL ALL
Columbia River from Grand Coulee Dam (river mile 596.6) to Canadian border (river mile 745.0). Salmon Spawning and Rearing Primary ALL ALL
Notes for Columbia River:

1. Temperature shall not exceed 20.0C due to human activities. When natural conditions exceed 20.0C, no temperature increase will be allowed which will raise the receiving water temperature by greater than 0.3C; nor shall such temperature increases, at any time, exceed 0.3C due to any single source or 1.1C due to all such activities combined. Dissolved oxygen shall exceed 90 percent of saturation. Special condition - special fish passage exemption as described in WAC 173-201A-200 (1) (f).

2. From Washington-Oregon border (river mile 309.3) to Priest Rapids Dam (river mile 397.1). Temperature shall not exceed 20.0C due to human activities. When natural conditions exceed 20.0C, no temperature increase will be allowed which will raise the receiving water temperature by greater than 0.3C; nor shall such temperature increases, at any time, exceed t = 34/(T + 9). Special condition - special fish passage exemption as described in WAC 173-201A-200 (1)(f).

WRIA 1 - Nooksack
USES for all waters not specifically listed below. Salmon Spawning and Rearing Primary ALL ALL
Chilliwack River and Little Chilliwack River: All waters (including tributaries) above the junction. Char Primary ALL ALL
Middle Fork Nooksack River and all tributaries. Char Primary ALL ALL
North Fork Nooksack River and all tributaries above unnamed creek at longitude -122.0508 and latitude 48.9222 (near Boulder Creek). Char Primary ALL ALL
Silesia Creek and all tributaries south of Canadian border. Char Primary ALL ALL
Skookum Creek and all tributaries. Char Primary ALL ALL
South Fork Nooksack River and all tributaries above the junction with Fobes Creek. Char Primary ALL ALL
No notes for WRIA 1 Waters.
WRIA 2 San Juan
USES for all waters. Salmon Spawning and Rearing Primary ALL ALL
WRIA 3 Lower Skagit-Samish
USES for all waters not specifically listed below. Salmon Spawning and Rearing Primary ALL ALL
East Fork Nookachamps Creek and unnamed creek at longitude -122.1657 and latitude 48.4103: All waters (including tributaries) above the junction. Char Primary ALL ALL
Skagit River and tributaries, except the other waters listed for this WRIA.1 Salmon Spawning and Rearing Primary ALL ALL
Walker Creek and unnamed creek at longitude -122.1639 and latitude 48.3813: All waters (including tributaries) above the junction. Char Primary ALL ALL
Notes for WRIA 3:

1. Skagit River (Gorge by-pass reach) from Gorge Dam (river mile 96.6) to Gorge Powerhouse (river mile 94.2). Temperature shall not exceed 21C due to human activities. When natural conditions exceed 21C, no temperature increase will be allowed which will raise the receiving water temperature by greater than 0.3C, nor shall such temperature increases, at any time, exceed t = 34/(T + 9).

WRIA 4 Upper Skagit
USES for all waters not specifically listed below. Salmon Spawning and Rearing Primary ALL ALL
Bacon Creek and all tributaries. Char Primary ALL ALL
Baker Lake and all tributaries. Char Primary ALL ALL
Bear Creek and the unnamed outlet creek of Blue Lake: All waters (including tributaries) above the junction. Char Primary ALL ALL
Big Beaver Creek and all tributaries. Char Primary ALL ALL
Big Creek and all tributaries. Char Primary ALL ALL
Buck Creek and all tributaries. Char Primary ALL ALL
Cascade River and Boulder Creek: All waters (including tributaries) above the junction. Char Primary ALL ALL
Circle Creek and all tributaries. Char Primary ALL ALL
Clear Creek and all tributaries. Char Primary ALL ALL
Diobsud Creek and the unnamed tributary at longitude -121.4414 and latitude 48.5850: All waters (including tributaries) above the junction. Char Primary ALL ALL
Dutch Creek and all tributaries. Char Primary ALL ALL
Goodell Creek and all tributaries. Char Primary ALL ALL
Hozomeen Creek and all tributaries. Char Primary ALL ALL
Illabot Creek and all tributaries. Char Primary ALL ALL
Jordan Creek and all tributaries. Char Primary ALL ALL
Lightning Creek and all tributaries. Char Primary ALL ALL
Little Beaver Creek and all tributaries. Char Primary ALL ALL
Murphy Creek and all tributaries. Char Primary ALL ALL
Rocky Creek and all tributaries. Char Primary ALL ALL
Ruby Creek and all tributaries. Char Primary ALL ALL
Sauk River and Falls Creek: All waters (including tributaries) above the junction. Char Primary ALL ALL
Silver Creek and all tributaries. Char Primary ALL ALL
Skagit River and tributaries, except the other waters listed for this WRIA.1 Salmon Spawning and Rearing Primary ALL ALL
Stetattle Creek and all tributaries. Char Primary ALL ALL
Straight Creek and all tributaries. Char Primary ALL ALL
Suiattle River all tributaries above Harriet Creek. Char Primary ALL ALL
Sulfur Creek and all tributaries. Char Primary ALL ALL
Tenas Creek and all tributaries. Char Primary ALL ALL
Thunder Creek and all tributaries. Char Primary ALL ALL
White Chuck River and all tributaries. Char Primary ALL ALL
Notes for WRIA 4:

1. Skagit River (Gorge by-pass reach) from Gorge Dam (river mile 96.6) to Gorge Powerhouse (river mile 94.2). Temperature shall not exceed 21C due to human action. When natural conditions exceed 21C, no temperature increase will be allowed which will raise the receiving water temperature by greater than 0.3C, nor shall such temperature increases, at any time, exceed t = 34/(T + 9).

WRIA 5 Stillaguamish
USES for all waters not specifically listed below. Salmon Spawning and Rearing Primary ALL ALL
Brooks Creek and the unnamed tributary at longitude -121.9031 and latitude 48.2967: All waters (including tributaries) above the junction. Char Primary ALL ALL
Cane Creek and the unnamed tributary at longitude - 122.1030 and latitude 48.3315: All waters (including tributaries) above the junction. Char Primary ALL ALL
Cane Creek's unnamed tributaries at longitude -122.0988 and latitude 48.3332. Char Primary ALL ALL
Canyon Creek's unnamed tributaries at longitude -121.9635 and latitude 48.1461. Char Primary ALL ALL
Cub Creek and the unnamed tributary at longitude -121.9376 and latitude 48.1655: All waters (including tributaries) above the junction. Char Primary ALL ALL
Deer Creek and the unnamed tributary at longitude -121.9565 and latitude 48.3195: All waters (including tributaries) above the junction. Char Primary ALL ALL
Dicks Creek and unnamed outlet of Myrtle Lake at longitude -121.8129 and 48.3187: All waters (including tributaries) above the junction. Char Primary ALL ALL
Jim Creek and Little Jim Creek: All waters (including tributaries) above the junction. Char Primary ALL ALL
North Fork Canyon Creek and South Fork Canyon Creek: All waters (including tributaries) above the junction. Char Primary ALL ALL
North Fork Stillaguamish River and Boulder River: All waters (including tributaries) above the junction. Char Primary ALL ALL
Pilchuck Creek and Bear Creek: All waters (including tributaries) above the junction. Char Primary ALL ALL
Pilchuck Creek's unnamed tributaries at longitude -122.1305 and latitude 48.3104. Char Primary ALL ALL
South Fork Stillaguamish River and the unnamed tributary at longitude -121.8797 and latitude 48.0921 (near Cranberry Creek) : All waters (including tributaries) above the junction. Char Primary ALL ALL
No notes for WRIA 5.
WRIA 6 Island
USES for all waters. Salmon Spawning and Rearing Primary ALL ALL
WRIA 7 Snohomish
USES for all waters not specifically listed below. Salmon Spawning and Rearing Primary ALL ALL
Beckler River and Rapid River: All waters (including tributaries) above the junction. Char Primary ALL ALL
Cripple Creek and all tributaries. Char Primary ALL ALL
East Fork Miller River and West Fork Miller River: All waters (including tributaries) above the junction Char Primary ALL ALL
Kelly Creek and all tributaries. Char Primary ALL ALL
Middle Fork Snoqualmie River and Dingford Creek: All waters (including tributaries) above the junction. Char Primary ALL ALL
Middle Fork Snoqualmie River's unnamed tributaries at longitude -121.5629 and latitude 47.5389. Char Primary ALL ALL
North Fork Creek and unnamed creek at longitude -121.8231 and latitude 47.7409: All waters (including tributaries) above the junction. Char Primary ALL ALL
North Fork Skykomish River and Salmon Creek: All waters (including tributaries) above the junction. Char Primary ALL ALL
North Fork Snoqualmie River and Sunday Creek: All waters (including tributaries) above the junction. Char Primary ALL ALL
North Fork Tolt River and unnamed creek at longitude -121.7775 and latitude 47.7183: All waters (including tributaries) above the junction. Char Primary ALL ALL
Pilchuck River and Boulder Creek: All waters (including tributaries) above the junction. Char Primary ALL ALL
Pratt River and all tributaries. Char Primary ALL ALL
Snohomish River from mouth and east of longitude 12213'40"W upstream to latitude 4756'30"N (southern tip of Ebey Island at river mile 8.1).1 Salmon Spawning and Rearing Primary ALL ALL
Snohomish River upstream from latitude 4756'30"N (southern tip of Ebey Island river mile 8.1) to confluence with Skykomish and Snoqualmie River (river mile 20.5). Salmon Spawning and Rearing Primary ALL ALL
South Fork Tolt River and tributaries from mouth to west boundary of Sec. 31-T26N-R9E (river mile 6.9). Salmon Spawning and Rearing Primary ALL ALL
South Fork Tolt River and tributaries from west boundary of Sec. 31-T26N-R9E (river mile 6.9) to headwaters, except for the following:

South Fork Tolt River and unnamed creek at longitude -121.7392 and latitude 47.6925: All waters (including tributaries) above the junction; and

Salmon Spawning and Rearing Primary ALL ALL
South Fork Tolt River's unnamed tributaries at longitude -121.7856 and latitude 47.6889.2
South Fork Tolt River and unnamed creek at longitude -121.7392 and latitude 47.6925: All waters (including tributaries) above the junction. Char Primary ALL ALL
South Fork Tolt River's unnamed tributaries at longitude -121.7856 and latitude 47.6889. Char Primary ALL ALL
Sultan River from mouth to Chaplain Creek (river mile 5.9). Salmon Spawning and Rearing Primary ALL ALL
Sultan River and tributaries from Chaplain Creek (river mile 5.9) to headwaters.3 Salmon Spawning and Rearing Primary ALL ALL
Taylor River and all tributaries. Char Primary ALL ALL
Trout Creek and all tributaries. Char Primary ALL ALL
Tye River and Deception Creek: All waters (including tributaries) above the junction. Char Primary ALL ALL
West Fork Foss River and East Fork Foss River: All waters (including tributaries) above the junction. Char Primary ALL ALL
Notes for WRIA 7:

1. Fecal coliform organism levels shall both not exceed a geometric mean value of 200 colonies/100 mL and not have more than 10 percent of the samples obtained for calculating the mean value exceeding 400 colonies/100 mL.

2. No waste discharge will be permitted for the South Fork Tolt River and tributaries from west boundary of Sec. 31-T26N-R9E (river mile 6.9) to headwaters.

3. No waste discharge will be permitted above city of Everett Diversion Dam (river mile 9.4).

WRIA 8 Cedar-Sammamish
USES for all waters not specifically listed below. Salmon Spawning and Rearing Primary ALL ALL
Cedar River from Lake Washington to Landsburg Dam (river mile 21.6). Salmon Spawning and Rearing Primary ALL ALL
Cedar River and tributaries from Landsburg Dam (river mile 21.6) to Chester Morse Lake.1 Salmon Spawning and Rearing Primary ALL ALL
Cedar River at Chester Morse Lake and all tributaries.2 Char Primary ALL ALL
Holder Creek and the unnamed tributary at longitude -121.9496 and latitude 47.4581: All waters (including tributaries) above the junction. Char Primary ALL ALL
Lake Washington Ship Canal from Government Locks (river mile 1.0) to Lake Washington (river mile 8.6).3 Salmon Spawning and Rearing Primary ALL ALL
Notes for WRIA 8:

1. No waste discharge will be permitted.

2. No waste discharge will be permitted.

3. Salinity shall not exceed one part per thousand (1.0 ppt) at any point or depth along a line that transects the ship canal at the University Bridge (river mile 6.1).

WRIA 9 Duwamish-Green
USES for all waters not specifically listed below. Salmon Spawning and Rearing Primary ALL ALL
Duwamish River from mouth south of a line bearing 254 true from the NW corner of berth 3, terminal No. 37 to the Black River (river mile 11.0) (Duwamish River continues as the Green River above the Black River). Salmon Rearing - Only Secondary Industrial Agriculture

Stock Water

ALL
Green River (King County) from Black River (river mile 11.0 and point where Duwamish River continues as the Green River) to west boundary of Sec. 13-T21N-R7E (river mile 59.1). Salmon Spawning and Rearing Primary ALL ALL
Green River and tributaries (King County) from west boundary of Sec. 13-T21N-R7E (river mile 59.1) to headwaters, except the following:

Green River and Sunday Creek: All waters (including tributaries) above the junction; and

Salmon Spawning and Rearing Primary ALL ALL
Smay Creek and West Fork Smay Creek: All waters (including tributaries) above the junction.1
Green River and Sunday Creek: All waters (including tributaries) above the junction. Char Primary ALL ALL
Smay Creek and West Fork Smay Creek: All waters (including tributaries) above the junction. Char Primary ALL ALL
Notes for WRIA 9:

1. No waste discharge will be permitted for the Green River and tributaries (King County) from west boundary of Sec. 13-T21N-R7E (river mile 59.1) to headwaters.

WRIA 10 Puyallup-White
USES for all waters not specifically listed below. Salmon Spawning and Rearing Primary ALL ALL
Carbon River and Evans Creek: All waters (including tributaries) above the junction. Char Primary ALL ALL
Clearwater River and Milky Creek: All waters (including tributaries) above the junction. Char Primary ALL ALL
Mowich River and all tributaries. Char Primary ALL ALL
Puyallup River from mouth to river mile 1.0. Salmon Rearing-Only Secondary Industrial

Agriculture

Stock Water

ALL
Puyallup River and tributaries from river mile 1.0 to headwaters, excluding all other waters listed for this WRIA except Puyallup River from mouth to river mile 1.0. Salmon Spawning and Rearing Primary ALL ALL
Puyallup River and Deer Creek: All waters (including tributaries) above the junction. Char Primary ALL ALL
Puyallup River's unnamed tributaries at longitude -121.9903 and latitude 46.8790 (upstream of Niesson Creek). Char Primary ALL ALL
South Prairie Creek and all tributaries above the Kepka Fishing Pond. Char Primary ALL ALL
Voight Creek and Bear Creek: All waters (including tributaries) above the junction. Char Primary ALL ALL
West Fork White River and Viola Creek: All waters (including tributaries) above the junction. Char Primary ALL ALL
White River and Huckleberry Creek: All waters (including tributaries) above the junction. Char Primary ALL ALL
Wilkeson Creek and Gale Creek: All waters (including tributaries) above the junction. Char Primary ALL ALL
No notes for WRIA 10.
WRIA 11 Nisqually
USES for all waters not specifically listed below. Salmon Spawning and Rearing Primary ALL ALL
Big Creek and all tributaries. Char Primary ALL ALL
Copper Creek and all tributaries. Char Primary ALL ALL
East Creek and all tributaries. Char Primary ALL ALL
Little Nisqually River and all tributaries. Char Primary ALL ALL
Mashel River and Little Mashel River: All waters (including tributaries) above the junction. Char Primary ALL ALL
Mineral Creek and all tributaries. Char Primary ALL ALL
Puyallup River and Tahoma Creek: All waters (including tributaries) above the junction. Char Primary ALL ALL
No notes for WRIA 11.
WRIA 12 Chambers-Clover
USES for all waters. Salmon Spawning and Rearing Primary ALL ALL
WRIA 13 Deschutes
USES for all waters. Salmon Spawning and Rearing Primary ALL ALL
WRIA 14 Kennedy-Goldsborough
USES for all waters. Salmon Spawning and Rearing Primary ALL ALL
WRIA 15 Kitsap
USES for all waters not specifically listed below. Salmon Spawning and Rearing Primary ALL ALL
Union River and tributaries from Bremerton Waterworks Dam (river mile 6.9) to headwaters.1 Salmon Spawning and Rearing Primary ALL ALL
Notes for WRIA 15:

1. No waste discharge will be permitted.

WRIA 16 Skokomish-Dosewallips
USES for all waters not specifically listed below. Salmon Spawning and Rearing Primary ALL ALL
Brown Creek and the unnamed tributary at longitude -123.2857 and latitude 47.4264: All waters (including tributaries) above the junction. Char Primary ALL ALL
Lebar Creek and the unnamed tributary at longitude -123.3087 and latitude 47.4416: All waters (including tributaries) above the junction. Char Primary ALL ALL
North Fork Skokomish River and all tributaries above Lake Cushman Upper Dam. Char Primary ALL ALL
Rock Creek and the unnamed tributary at longitude -123.3496 and latitude 47.3894: All waters (including tributaries) above the junction. Char Primary ALL ALL
South Fork Skokomish River and Cedar Creek: All waters (including tributaries) above the junction. Char Primary ALL ALL
Vance Creek and Cabin Creek all waters above the junction. Char Primary ALL ALL
No notes for WRIA 16.
WRIA 17 Quilcene-Snow
USES for all waters. Salmon Spawning and Rearing Primary ALL ALL
WRIA 18 Elwha-Dungeness
USES for all waters not specifically listed below. Salmon Spawning and Rearing Primary ALL ALL
Boulder Creek and Deep Creek: All waters (including tributaries) above the junction. Char Primary ALL ALL
Cat Creek and the unnamed tributary at longitude -123.6423 and latitude 47.9461: All waters (including tributaries) above the junction. Char Primary ALL ALL
Dungeness River and Gray Wolf River: All waters (including tributaries) above the junction. Char Primary ALL ALL
Elwha River and Godkin Creek: All waters (including tributaries) above the junction. Char Primary ALL ALL
Goldie River and all tributaries. Char Primary ALL ALL
Griff Creek and the unnamed tributary at longitude -123.5440 and latitude 48.0135: All waters (including tributaries) above the junction. Char Primary ALL ALL
Hayes River and all tributaries. Char Primary ALL ALL
Hughes Creek and the unnamed tributary at longitude -123.6322 and latitude 48.0298: All waters (including tributaries) above the junction. Char Primary ALL ALL
Lillian River and all tributaries. Char Primary ALL ALL
Little River and South Branch Little River: All waters (including tributaries) above the junction. Char Primary ALL ALL
Long Creek and all tributaries. Char Primary ALL ALL
Lost River and all tributaries. Char Primary ALL ALL
Wolf Creek and the unnamed tributary at longitude -123.5374 and latitude 47.9654: All waters (including tributaries) above the junction. Char Primary ALL ALL
No notes for WRIA 18.
WRIA 19 Lyre-Hoko
USES for all waters. Salmon Spawning and Rearing Primary ALL ALL
WRIA 20 Soleduc
USES for all waters not specifically listed below. Salmon Spawning and Rearing Primary ALL ALL
Hoh River and all tributaries above Mineral Creek. Char Primary ALL ALL
Mount Tom Creek and the unnamed tributary at longitude -123.8389 and latitude 47.8259: All waters (including tributaries) above the junction. Char Primary ALL ALL
Soleduc River and all tributaries above Canyon Creek. Char Primary ALL ALL
South Fork Hoh River and the unnamed tributary at longitude -123.9420 and latitude 47.7916: All waters (including tributaries) above the junction. Char Primary ALL ALL
No notes for WRIA 20.
WRIA 21 Queets-Quinault
USES for all waters not specifically listed below. Salmon Spawning and Rearing Primary ALL ALL
Clearwater Creek and the unnamed tributary at longitude -124.0361 and latitude 47.7270: All waters (including tributaries) above the junction. Char Primary ALL ALL
Graves Creek and Litchy Creek: All waters (including tributaries) above the junction. Char Primary ALL ALL
Kunamakst Creek and the unnamed tributary at longitude -124.0771 and latitude 17.7285: All waters (including tributaries) above the junction. Char Primary ALL ALL
Matheny Creek and the unnamed tributary at longitude -123.9538 and latitude 47.5592: All waters (including tributaries) above the junction. Char Primary ALL ALL
Middle Fork Salmon River and the unnamed tributary at longitude -123.9899 and latitude 47.5208: All waters (including tributaries) above the junction. Char Primary ALL ALL
North Fork Quinault River and Rustler Creek: All waters (including tributaries) above the junction. Char Primary ALL ALL
Queets River and the unnamed tributary at longitude -123.7864 and latitude 47.6951: All waters (including tributaries) above the junction. Char Primary ALL ALL
Quinault River and the unnamed tributary at longitude -123.5450 and latitude 47.5960: All waters (including tributaries) above the junction. Char Primary ALL ALL
Sams River and the unnamed tributary at longitude -123.8941 and latitude 47.6059: All waters (including tributaries) above the junction. Char Primary ALL ALL
Sollecks River and the unnamed tributary at longitude -124.0133 and latitude 47.6937: All waters (including tributaries) above the junction. Char Primary ALL ALL
Stequaleho Creek and the unnamed tributary at longitude -124.0426 and latitude 47.6620: All waters (including tributaries) above the junction. Char Primary ALL ALL
Tshletshy Creek and the unnamed tributary at longitude -123.8668 and latitude 47.6585: All waters (including tributaries) above the junction. Char Primary ALL ALL
No notes for WRIA 21.
WRIA 22 Lower Chehalis
USES for all waters not specifically listed below. Salmon Spawning and Rearing Primary ALL ALL
Baker Creek and the unnamed tributary at longitude -123.4142 and latitude 47.3301: All waters (including tributaries) above the junction. Char Primary ALL ALL
Big Creek and Middle Fork Big Creek: All waters (including tributaries) above the junction. Char Primary ALL ALL
Canyon River and the unnamed tributary at longitude -123.4936 and latitude 47.3473: All waters (including tributaries) above the junction. Char Primary ALL ALL
Chehalis River from upper boundary of Grays Harbor at Cosmopolis (river mile 3.1, longitude 12345'45"W) to Scammon Creek (river mile 65.8). Salmon Spawning and Rearing Primary ALL ALL
Chester Creek and the unnamed tributary at longitude -123.7841 and latitude 47.4196: All waters (including tributaries) above the junction. Char Primary ALL ALL
East Fork Humptulips River and the unnamed tributary at longitude -123.7163 and latitude 47.3821: All waters (including tributaries) above the junction. Char Primary ALL ALL
Goforth Creek and the unnamed tributary at longitude -123.7323 and latitude 47.3560: All waters (including tributaries) above the junction. Char Primary ALL ALL
Hoquiam River (continues as west fork above east fork) from mouth to river mile 9.3 (Dekay Road Bridge) (upper limit of tidal influence). Salmon Rearing-Only Secondary Industrial Agriculture

Stock Water

ALL
Middle Fork Satsop River and the unnamed tributary at longitude -123.4451 and latitude 47.3340: All waters (including tributaries) above the junction. Char Primary ALL ALL
West Fork Humptulips River and Petes Creek: All waters (including tributaries) above the junction. Char Primary ALL ALL
West Fork Satsop River and Robertson Creek: All waters (including tributaries) above the junction. Char Primary ALL ALL
Wishkah River from mouth to river mile 6 (SW 1/4 SW 1/4 NE 1/4 Sec. 21-T18N-R9W). Salmon Rearing-Only Secondary Industrial Agriculture

Stock Water

ALL
Wishkah River from river mile 6 (SW 1/4 SW 1/4 NE 1/4 Sec. 21-T18N-R9W) to south boundary of Sec. 33-T21N-R8W (river mile 32.0). Salmon Spawning and Rearing Primary ALL ALL
Wishkah River and tributaries from south boundary of Sec. 33-T21N-R8W (river mile 32.0) to headwaters.1 Salmon Spawning and Rearing Primary ALL ALL
Wynoochee River and all tributaries above Wynoochee Dam. Char Primary ALL ALL
Notes for WRIA 22:

1. No waste discharge will be permitted.

WRIA 23 Upper Chehalis
USES for all waters not specifically listed below. Salmon Spawning and Rearing Primary ALL ALL
Chehalis River from upper boundary of Grays Harbor at Cosmopolis (river mile 3.1, longitude 12345'45"W) to Scammon Creek (river mile 65.8) Salmon Spawning and Rearing Primary ALL ALL
Chehalis River from Scammon Creek (river mile 65.8) to Newaukum River (river mile 75.2).1 Salmon Spawning and Rearing Primary ALL ALL
Chehalis River and tributaries from Newaukum River (river mile 75.2) to headwaters, except waters listed in note 2 for WRIA 23. Salmon Spawning and Rearing Primary ALL ALL
Eight Creek and the unnamed tributary at longitude -123.4127 and latitude 46.6211: All waters (including tributaries) above the junction. Char Primary ALL ALL
Hanaford Creek and the unnamed tributary at longitude -122.6812 and latitude 46.7295: All waters (including tributaries) above the junction. Char Primary ALL ALL
Hanaford Creek from mouth to east boundary of Sec. 25-T15N-R2W (river mile 4.1).3 Salmon Spawning and Rearing Primary ALL ALL
Hanaford Creek and all tributaries from east boundary of Sec. 25-T15N-R2W (river mile 4.1) to headwaters, except Hanaford Creek and the unnamed tributary at longitude -122.6812 and latitude 46.7295: All waters (including tributaries) above the junction. Salmon Spawning and Rearing Primary ALL ALL
Kearney Creek and the unnamed tributary at longitude -122.5683 and latitude 46.6256: All waters (including tributaries) above the junction. Char Primary ALL ALL
Laramie Creek and the unnamed tributary at longitude -122.5901 and latitude 46.7901: All waters (including tributaries) above the junction. Char Primary ALL ALL
North Fork Newaukum River and the unnamed tributary at longitude -122.6677 and latitude 46.6793: All waters (including tributaries) above the junction. Char Primary ALL ALL
Pheeny Creek and the unnamed tributary at longitude -122.6276 and latitude 46.7836: All waters (including tributaries) above the junction. Char Primary ALL ALL
Rock Creek and the unnamed tributary at longitude -123.3782 and latitude 46.5279: All waters (including tributaries) above the junction. Char Primary ALL ALL
Seven Creek and the unnamed tributary at longitude -123.3723 and latitude 46.6192: All waters (including tributaries) above the junction. Char Primary ALL ALL
Stillman Creek and Little Mill Creek: All waters (including tributaries) above the junction. Char Primary ALL ALL
Skookumchuck Reservoir's unnamed southern tributaries at longitude -122.6728 and latitude 46.7671. Char Primary ALL ALL
Skookumchuck River and Hospital Creek: All waters (including tributaries) above the junction. Char Primary ALL ALL
South Fork Chehalis River and the unnamed tributary at longitude -123.4127 and latitude 49.179: All waters (including tributaries) above the junction. Char Primary ALL ALL
South Fork Newaukum River and Frase Creek: All waters (including tributaries) above the junction. Char Primary ALL ALL
Thrash Creek and all tributaries. Char Primary ALL ALL
West Fork Chehalis River and East Fork Chehalis River: All waters (including tributaries) above the junction. Char Primary ALL ALL
Notes for WRIA 23:

1. Dissolved oxygen shall exceed 5.0 mg/L from June 1 to September 15. For the remainder of the year, the dissolved oxygen shall meet standard criteria.

2.a. Eight Creek and the unnamed tributary at longitude - 123.4127 and latitude 46.6211: All waters (including tributaries) above the junction.

b. Rock Creek and the unnamed tributary at longitude - 123.3782 and latitude 46.5279: All waters (including tributaries) above the junction.

c. Seven Creek and the unnamed tributary at longitude - 123.3723 and latitude 46.6192: All waters (including tributaries) above the junction.

d. Stillman Creek and Little Mill Creek: All waters (including tributaries) above the junction.

e. Thrash Creek and all tributaries.

f. West Fork Chehalis River and East Fork Chehalis River: All waters (including tributaries) above the junction.

3. Dissolved oxygen shall exceed 6.5 mg/L.

WRIA 24 Willapa
USES for all waters not specifically listed below. Salmon Spawning and Rearing Primary ALL ALL
Willapa River upstream of a line bearing 70 true through Mailboat Slough light (river mile 1.8). Salmon Spawning and Rearing Primary ALL ALL
No notes for WRIA 24.
WRIA 25 Grays-Elokoman
USES for all waters. Salmon Spawning and Rearing Primary ALL ALL
WRIA 26 Cowlitz
USES for all waters. Salmon Spawning and Rearing Primary ALL ALL
WRIA 27 Lewis
USES for all waters not specifically listed below. Salmon Spawning and Rearing Primary ALL ALL
Alec Creek and all tributaries. Char Primary ALL ALL
Big Creek and all tributaries. Char Primary ALL ALL
Chickoon Creek and all tributaries. Char Primary ALL ALL
Clear Creek and all tributaries. Char Primary ALL ALL
Curly Creek and all tributaries. Char Primary ALL ALL
Cussed Hollow Creek and all tributaries. Char Primary ALL ALL
Lewis River and Pass Creek: All waters (including tributaries) above the junction. Char Primary ALL ALL
Lewis River's unnamed tributaries at longitude -121.9174 and latitude 46.1122. Char Primary ALL ALL
Little Creek and all tributaries. Char Primary ALL ALL
Muddy River and Clearwater Creek: All waters (including tributaries) above the junction. Char Primary ALL ALL
Panamaker Creek and all tributaries. Char Primary ALL ALL
Pin Creek and all tributaries. Char Primary ALL ALL
Pine Creek and all tributaries. Char Primary ALL ALL
Quartz Creek and all tributaries. Char Primary ALL ALL
Rush Creek and all tributaries. Char Primary ALL ALL
Spencer Creek and all tributaries. Char Primary ALL ALL
Steamboat Creek and all tributaries. Char Primary ALL ALL
Tillicum Creek and all tributaries. Char Primary ALL ALL
No notes for WRIA 27.
WRIA 28 Salmon-Washougal
USES for all waters. Salmon Spawning and Rearing Primary ALL ALL
WRIA 29 Wind-White Salmon
USES for all waters not specifically listed below. Salmon Spawning and Rearing Primary ALL ALL
Buck Creek and all tributaries. Char Primary ALL ALL
Gilmer Creek and all tributaries. Char Primary ALL ALL
Gotchen Creek and all tributaries. Char Primary ALL ALL
Green Canyon Creek and all tributaries. Char Primary ALL ALL
Morrison Creek and all tributaries. Char Primary ALL ALL
Rattlesnake Creek and the unnamed tributary at longitude -121.4081 and latitude 45.8512: All waters (including tributaries) above the junction. Char Primary ALL ALL
Trout Lake Creek and all tributaries. Char Primary ALL ALL
White Salmon Creek and Cascade Creek: All waters (including tributaries) above the junction. Char Primary ALL ALL
White Salmon River's unnamed tributaries at longitude -121.4991 and latitude 46.0055. Char Primary ALL ALL
No notes for WRIA 29.
WRIA 30 Klickitat
USES for all waters not specifically listed below. Salmon Spawning and Rearing Primary ALL ALL
Clearwater Creek and Trappers Creek: All waters (including tributaries) above the junction. Char Primary ALL ALL
Cougar Creek and Big Muddy Creek: All waters (including tributaries) above the junction. Char Primary ALL ALL
Diamond Creek and Caitin Creek: All waters (including tributaries) above the junction. Char Primary ALL ALL
Diamond Fork's unnamed tributaries at longitude -121.1562 and latitude 46.4205. Char Primary ALL ALL
Diamond Fork's unnamed tributaries at longitude -121.1590 and latitude 46.4355 (outlet of Maiden Springs). Char Primary ALL ALL
Fish Lake Stream and all tributaries. Char Primary ALL ALL
Frasier Creek and Outlet Creek: All waters (including tributaries) above the junction. Char Primary ALL ALL
Klickitat River and all tributaries above the junction with Diamond Fork. Char Primary ALL ALL
Little Muddy Creek and all tributaries. Char Primary ALL ALL
McCreedy Creek and all tributaries. Char Primary ALL ALL
No notes for WRIA 30.
WRIA 31 Rock-Glade
USES for all waters. Salmon Spawning and Rearing Primary ALL ALL
WRIA 32 Walla Walla
USES for all waters not specifically listed below. Salmon Spawning and Rearing Primary ALL ALL
Blue Creek and the unnamed tributary at longitude -118.0956 and latitude 46.0579: All waters (including tributaries) above the junction. Char Primary ALL ALL
Mill Creek and Railroad Canyon: All waters (including tributaries) above the junction (including upstream and downstream of where Mill Creek flows in Oregon). Char Primary ALL ALL
Mill Creek from mouth to 13th Street Bridge in Walla Walla (river mile 6.4).1 Salmon Rearing-Only Secondary Industrial Agriculture

Stock Water

ALL
Mill Creek from 13th Street Bridge in Walla Walla (river mile 6.4) to Walla Walla Waterworks Dam (river mile 11.5). Salmon Spawning and Rearing Primary ALL ALL
Mill Creek and tributaries from city of Walla Walla Waterworks Dam (river mile 21.6) to headwaters, except for the following:

Blue Creek and the unnamed tributary at longitude -118.0956 and latitude 46.0579: All waters (including tributaries) above the junction

Salmon Spawning and Rearing Primary ALL ALL
Mill Creek and Railroad Canyon: All waters (including tributaries) above the junction (including upstream and downstream of where Mill Creek flows in Oregon).2
North Fork Touchet River and Gates Gulch: All waters (including tributaries) above the junction. Char Primary ALL ALL
Rodgers Gulch and the unnamed tributary at longitude -117.8667 and latitude 46.2705: All waters (including tributaries) above the junction. Char Primary ALL ALL
South Fork Touchet River and the unnamed tributary at longitude -117.9397 and latitude 46.2307: All waters (including tributaries) above the junction. Char Primary ALL ALL
Walla Walla River from mouth to Lowden (Dry Creek at river mile 27.2). Salmon Rearing-Only Secondary Industrial

Agriculture

Stock Water

ALL
Walla Walla River from Lowden (Dry Creek at river mile 27.2) to Oregon border (river mile 40).3 Salmon Spawning and Rearing Primary ALL ALL
Wolf Creek and the unnamed tributary at longitude -117.9013 and latitude 46.2511: All waters (including tributaries) above the junction. Char Primary ALL ALL
Notes for WRIA 32:

1. Dissolved oxygen concentration shall exceed 5.0 mg/L.

2. No waste discharge will be permitted for the Mill Creek and tributaries from city of Walla Walla Waterworks Dam (river mile 21.6) to headwaters.

3. Temperature shall not exceed 20.0C due to human activities. When natural conditions exceed 20.0C, no temperature increase will be allowed which will raise the receiving water temperature by greater than 0.3C; nor shall such temperature increases, at any time, exceed t = 34/(T + 9).

WRIA 33 Lower Snake
USES for all waters not specifically listed below. Salmon Spawning and Rearing Primary ALL ALL
Snake River from mouth to Washington-Idaho-Oregon border (river mile 176.1).1 Salmon Spawning and Rearing Primary ALL ALL
Notes for WRIA 33:

1. Below Clearwater River (river mile 139.3). Temperature shall not exceed 20.0C due to human activities. When natural conditions exceed 20.0C, no temperature increase will be allowed which will raise the receiving water temperature by greater than 0.3C; nor shall such temperature increases, at any time, exceed t = 34/(T + 9). Special condition - special fish passage exemption as described in WAC 173-201A-200 (1) (f).

WRIA 34 Palouse
USES for all waters not specifically listed below. Salmon Spawning and Rearing Primary ALL ALL
Palouse River from mouth to south fork (Colfax, river mile 89.6). Salmon Rearing-Only Secondary Industrial Agriculture

Stock Water

ALL
Palouse River from south fork (Colfax, river mile 89.6) to Idaho border (river mile 123.4).1 Salmon Spawning and Rearing Primary ALL ALL
Notes on WRIA 34:

1. Temperature shall not exceed 20.0C due to human activities. When natural conditions exceed 20.0C, no temperature increase will be allowed which will raise the receiving water temperature by greater than 0.3C; nor shall such temperature increases, at any time, exceed t = 34/(T + 9).

WRIA 35 Middle Snake
USES for all waters not specifically listed below. Salmon Spawning and Rearing Primary ALL ALL
All streams flowing into Oregon from North Fork Wenaha River east to Fairvew Creek. Char Primary ALL ALL
Charley Creek and the unnamed tributary at longitude -117.3216 and latitude 46.2851: All waters (including tributaries) above the junction. Char Primary ALL ALL
Crooked Creek and First Creek: All waters (including tributaries) above the junction. Char Primary ALL ALL
Cummings Creek and all tributaries. Char Primary ALL ALL
Grande Ronde River from mouth to Oregon border (river mile 37).1 Salmon Spawning and Rearing Primary ALL ALL
Grub Canyon and all tributaries. Char Primary ALL ALL
Hixon Canyon and all tributaries. Char Primary ALL ALL
Little Tucannon River and all tributaries. Char Primary ALL ALL
Menatchee Creek and West Fork Menatchee Creek: All waters (including tributaries) above the junction. Char Primary ALL ALL
North Fork Asotin River and all tributaries above Lick Creek. Char Primary ALL ALL
Pataha Creek and Dry Pataha Creek: All waters (including tributaries) above the junction. Char Primary ALL ALL
Snake River from mouth to Washington-Idaho-Oregon border (river mile 176.1).2 Salmon Spawning and Rearing Primary ALL ALL
Tucannon River and Panjab Creek: All waters (including tributaries) above the junction. Char Primary ALL ALL
Tucannon River's unnamed tributaries at above longitude -117.7756, latitude 46.3877 and longitude -117.7449, latitude 46.3769. Char Primary ALL ALL
Tumalum Creek and the unnamed tributary at longitude -117.6488 and latitude 46.3594: All waters (including tributaries) above the junction. Char Primary ALL ALL
Willow Creek and the unnamed tributary at longitude -117.8314 and latitude 46.4182: All waters (including tributaries) above the junction. Char Primary ALL ALL
Notes for WRIA 35:

1. Temperature shall not exceed 20.0C due to human activities. When natural conditions exceed 20.0C, no temperature increase will be allowed which will raise the receiving water temperature by greater than 0.3C; nor shall such temperature increases, at any time, exceed t = 34/(T + 9).

2. The following two notes apply:

(a) Below Clearwater River (river mile 139.3). Temperature shall not exceed 20.0C due to human activities. When natural conditions exceed 20.0C, no temperature increase will be allowed which will raise the receiving water temperature by greater than 0.3C; nor shall such temperature increases, at any time, exceed t = 34/(T + 9). Special condition - special fish passage exemption as described in WAC 173-201A-200 (1) (f).

(b) Above Clearwater River (river mile 139.3). Temperature shall not exceed 20.0C due to human activities. When natural conditions exceed 20.0C, no temperature increases will be allowed which will raise the receiving water temperature by greater than 0.3C; nor shall such temperature increases, at any time, exceed 0.3C due to any single source or 1.1C due to all such activities combined.

WRIA 36 Esquatzel Coulee
USES for all waters. Salmon Spawning and Rearing Primary ALL ALL
WRIA 37 Lower Yakima
USES for all waters not specifically listed below. Salmon Spawning and Rearing Primary ALL ALL
Carpenter Gulch and all tributaries. Char Primary ALL ALL
Foundation Creek and all tributaries. Char Primary ALL ALL
Nasty Creek and all tributaries. Char Primary ALL ALL
North Fork Ahtanum Creek and Middle Fork Ahtanum Creek: All waters (including tributaries) above the junction. Char Primary ALL ALL
North Fork Ahtanum Creek's unnamed tributaries at longitude -120.8857 and latitude 46.5465. Char Primary ALL ALL
North Fork Ahtanum Creek's unnamed tributaries at longitude -120.9851 and latitude 46.5395. Char Primary ALL ALL
South Fork Ahtanum Creek and all tributaries. Char Primary ALL ALL
Sulphur Creek. Salmon Rearing-Only Secondary Industrial

Agriculture

Stock Water

ALL
Yakima River from mouth to Cle Elum River (river mile 185.6).1 Salmon Spawning and Rearing Primary ALL ALL
Notes for WRIA 37:

1. Temperature shall not exceed 21.0C due to human activities. When natural conditions exceed 21.0C, no temperature increase will be allowed which will raise the receiving water temperature by greater than 0.3C; nor shall such temperature increases, at any time, exceed t = 34/(T + 9).

WRIA 38 Naches
USES for all waters not specifically listed below. Salmon Spawning and Rearing Primary ALL ALL
American River and all tributaries. Char Primary ALL ALL
Barton Creek and all tributaries. Char Primary ALL ALL
Bumping Lake's unnamed tributaries at longitude -121.3095 and latitude 46.8464. Char Primary ALL ALL
Bumping River and Cougar Creek: All waters (including tributaries) above the junction. Char Primary ALL ALL
Bumping River's unnamed tributaries at longitude -121.2067 and latitude 46.9317 (outlet of Flat Iron Lake). Char Primary ALL ALL
Bumping River's unnamed tributaries at longitude -121.2766 and latitude 46.8852. Char Primary ALL ALL
Cedar Creek and all tributaries. Char Primary ALL ALL
Crow Creek and all tributaries. Char Primary ALL ALL
Deep Creek and all tributaries. Char Primary ALL ALL
Goat Creek and all tributaries. Char Primary ALL ALL
Granite Creek and all tributaries. Char Primary ALL ALL
Indian Creek and all tributaries. Char Primary ALL ALL
Little Naches River and Bear Creek: All waters (including tributaries) above the junction. Char Primary ALL ALL
North Fork Tieton River and Clear Creek: All waters (including tributaries) above the junction at Clear Lake. Char Primary ALL ALL
Pileup Creek and all tributaries. Char Primary ALL ALL
Quartz Creek and all tributaries. Char Primary ALL ALL
Rattlesnake Creek and all tributaries above Three Creeks. Char Primary ALL ALL
Sand Creek and all tributaries. Char Primary ALL ALL
South Fork Little Naches River and all tributaries. Char Primary ALL ALL
South Fork Tieton River and Short and Dirty Creek: All waters (including tributaries) above the junction. Char Primary ALL ALL
Sunrise Creek and all tributaries. Char Primary ALL ALL
No notes for WRIA 38.
WRIA 39 Upper Yakima
USES for all waters not specifically listed below. Salmon Spawning and Rearing Primary ALL ALL
Big Boulder Creek and all tributaries. Char Primary ALL ALL
Cle Elum River and Fortune Creek: All waters (including tributaries) above the junction. Char Primary ALL ALL
Cooper River and all tributaries. Char Primary ALL ALL
Little Kachess Lake and all tributaries. Char Primary ALL ALL
North Fork Teanaway River and all tributaries above Stafford Creek. Char Primary ALL ALL
Paris Creek and all tributaries. Char Primary ALL ALL
Waptus River and all tributaries. Char Primary ALL ALL
Yakima River and all tributaries above Stampede Creek. Char Primary ALL ALL
Yakima River from mouth to Cle Elum River (river mile 185.6).1 Salmon Spawning and Rearing Primary ALL ALL
Yakima River and tributaries from Cle Elum River (river mile 185.6) to headwaters except waters listed in note 2 for WRIA 39.2 Salmon Spawning and Rearing Primary ALL ALL
Notes for WRIA 39:

1. Temperature shall not exceed 21.0C due to human activities. When natural conditions exceed 21.0C, no temperature increase will be allowed which will raise the receiving water temperature by greater than 0.3C; nor shall such temperature increases, at any time, exceed t = 34/(T + 9).

2. a. Big Boulder Creek and all tributaries.

b. Cle Elum River and Fortune Creek: All waters (including tributaries) above the junction.

c. Cooper River and all tributaries.

d. Little Kachess Lake and all tributaries.

e. Paris Creek and all tributaries.

f. Waptus River and all tributaries.

g. Yakima River and all tributaries above Stampede Creek.

WRIA 40 Alkaki-Squilchuck
USES for all waters. Salmon Spawning and Rearing Primary ALL ALL
WRIA 41 Lower Crab
USES for all waters not specifically listed below. Salmon Spawning and Rearing Primary ALL ALL
Crab Creek and tributaries Salmon Rearing-Only Secondary Industrial Agriculture

Stock Water

ALL
No notes for WRIA 41.
WRIA 42 Grand Coulee
USES for all waters not specifically listed below. Salmon Spawning and Rearing Primary ALL ALL
Crab Creek and tributaries Salmon Rearing-Only Secondary Industrial Agriculture

Stock Water

ALL
No notes for WRIA 42.
WRIA 43 Upper Crab-Wilson
USES for all waters not specifically listed below. Salmon Spawning and Rearing Primary ALL ALL
Crab Creek and tributaries Salmon Rearing-Only Secondary Industrial Agriculture

Stock Water

ALL
No notes for WRIA 43.
WRIA 44 Moses Coulee
USES for all waters. Salmon Spawning and Rearing Primary ALL ALL
WRIA 45 Wenatchee
USES for all waters not specifically listed below. Salmon Spawning and Rearing Primary ALL ALL
Chikamin Creek and all tributaries. Char Primary ALL ALL
Chiwaukum Creek and South Fork Chiwaukum Creek: All waters (including tributaries) above the junction. Char Primary ALL ALL
Chiwawa River and all tributaries above unnamed creek at longitude -120.8409 and latitude 48.0595 (near Phelps Creek). Char Primary ALL ALL
Dry Creek and Chumstick Creek: All waters (including tributaries) above the junction. Char Primary ALL ALL
Eagle Creek and the unnamed tributary at longitude -120.5165 and latitude 47.6544: All waters (including tributaries) above the junction. Char Primary ALL ALL
Icicle Creek and all tributaries above unnamed creek at longitude -120.9547 and latitude 47.6206 (near French Creek). Char Primary ALL ALL
Little Giant Creek and all tributaries. Char Primary ALL ALL
Rock Creek and all tributaries. Char Primary ALL ALL
Second Creek and the unnamed tributary at longitude -120.5935 and latitude 47.7384: All waters (including tributaries) above the junction. Char Primary ALL ALL
Van Creek and the unnamed tributary at longitude -120.5373 and latitude 47.6722: All waters (including tributaries) above the junction. Char Primary ALL ALL
Wenatchee River and all tributaries upstream of Chiwawa River. Char Primary ALL ALL
No notes for WRIA 45.
WRIA 46 Entiat
USES for all waters not specifically listed below. Salmon Spawning and Rearing Primary ALL ALL
Brennegan Creek and the unnamed tributary at longitude -120.4185 and latitude 47.9098: All waters (including tributaries) above the junction. Char Primary ALL ALL
Entiat River and Silver Creek: All waters (including tributaries) above the junction. Char Primary ALL ALL
Entiat River's unnamed tributaries at longitude -120.4998 and latitude 47.9107. Char Primary ALL ALL
Entiat River's unnamed tributaries at longitude -120.5179 and latitude 47.9174. Char Primary ALL ALL
Gene Creek and Potato Creek: All waters above the junction. Char Primary ALL ALL
Hornet Creek and all tributaries. Char Primary ALL ALL
Lake Creek and all tributaries. Char Primary ALL ALL
Mad River and all tributaries above Young Creek. Char Primary ALL ALL
Mud Creek and Switchback Canyon: All waters (including tributaries) above the junction. Char Primary ALL ALL
North Fork Gray Canyon and South Fork Gray Canyon: All waters (including tributaries) above the junction. Char Primary ALL ALL
Preston Creek and South Fork Preston Creek: All waters (including tributaries) above the junction. Char Primary ALL ALL
Stormy Creek and the unnamed tributary at longitude -120.3865 and latitude 47.8387: All waters (including tributaries) above the junction. Char Primary ALL ALL
Tillicum Creek and Indian Creek: All waters (including tributaries) above the junction. Char Primary ALL ALL
Tommy Creek and all tributaries. Char Primary ALL ALL
No notes for WRIA 46.
WRIA 47 Chelan
USES for all waters. Salmon Spawning and Rearing Primary ALL ALL
WRIA 48 Methow
USES for all waters not specifically listed below. Salmon Spawning and Rearing Primary ALL ALL
Beaver Creek and South Fork Beaver Creek: All waters (including tributaries) above the junction. Char Primary ALL ALL
Big Hidden Lake and all tributaries, and the outlet stream that flows into the East Fork Pasayten River. Char Primary ALL ALL
Boulder Creek and Pebble Creek: All waters (including tributaries) above the junction. Char Primary ALL ALL
Buttermilk Creek and all tributaries. Char Primary ALL ALL
Cedar Creek and all tributaries. Char Primary ALL ALL
Eagle Creek and all tributaries. Char Primary ALL ALL
Early Winters Creek and Varden Creek: All waters (including tributaries) above the junction. Char Primary ALL ALL
Eureka Creek and all tributaries. Char Primary ALL ALL
Goat Creek and Cougar Creek: All waters (including tributaries) above the junction. Char Primary ALL ALL
Gold Creek and all tributaries. Char Primary ALL ALL
Lake Creek and all tributaries above Black Lake. Char Primary ALL ALL
Libby Creek and Hornel Draw: All waters (including tributaries) above the junction. Char Primary ALL ALL
Lost River Gorge and all tributaries above Sunset Creek. Char Primary ALL ALL
Pipestone Canyon Creek and all tributaries. Char Primary ALL ALL
Rattlesnake Creek and all tributaries. Char Primary ALL ALL
Robinson Creek and all tributaries. Char Primary ALL ALL
Smith Canyon Creek and Elderberry Canyon: All waters (including tributaries) above the junction. Char Primary ALL ALL
Twisp River and War Creek: All waters (including tributaries) above the junction. Char Primary ALL ALL
West Fork Methow River and South Fork Trout Creek: All waters (including tributaries) above the junction. Char Primary ALL ALL
Wolf Creek and North Fork Wolf Creek: All waters (including tributaries) above the junction. Char Primary ALL ALL
No notes for WRIA 48.
WRIA 49 Okanogon
USES for all waters. Salmon Spawning and Rearing Primary ALL ALL
WRIA 50 Foster
USES for all waters. Salmon Spawning and Rearing Primary ALL ALL
WRIA 51 Nespelem
USES for all waters. Salmon Spawning and Rearing Primary ALL ALL
WRIA 52 Sanpoil
USES for all waters. Salmon Spawning and Rearing Primary ALL ALL
WRIA 53 Lower Lake Roosevelt
USES for all waters. Salmon Spawning and Rearing Primary ALL ALL
WRIA 54 Lower Spokane
USES for all waters not specifically listed below. Salmon Spawning and Rearing Primary ALL ALL
Spokane River from mouth to Long Lake Dam (river mile 33.9).1 Salmon Spawning and Rearing Primary ALL ALL
Spokane River from Long Lake Dam (river mile 33.9) to Nine Mile Bridge (river mile 58.0).2 Salmon Spawning and Rearing Primary ALL ALL
Notes for WRIA 54:

1. Temperature shall not exceed 20.0C due to human activities. When natural conditions exceed 20.0C, no temperature increase will be allowed which will raise the receiving water temperature by greater than 0.3C; nor shall such temperature increases, at any time, exceed t = 34/(T + 9).

2. a. The average euphotic zone concentration of total phosphorus (as P) shall not exceed 25g/L during the period of June 1 to October 31.

b. Temperature shall not exceed 20.0C, due to human activities. When natural conditions exceed 20.0C, no temperature increase will be allowed which will raise the receiving water temperature by greater than 0.3C; nor shall such temperature increases, at any time, exceed t = 34/(T + 9).

WRIA 55 Little Spokane
USES for all waters. Salmon Spawning and Rearing Primary ALL ALL
WRIA 56 Hangman
USES for all waters. Salmon Spawning and Rearing Primary ALL ALL
WRIA 57 Middle Spokane
USES for all waters not specifically listed below. Salmon Spawning and Rearing Primary ALL ALL
Lake Creek and all tributaries. Char Primary ALL ALL
Spokane River from Long Lake Dam (river mile 33.9) to Nine Mile Bridge (river mile 58.0).1 Salmon Spawning and Rearing Primary ALL ALL
Notes on WRIA 57:

1. a. The average euphotic zone concentration of total phosphorus (as P) shall not exceed 25g/L during the period of June 1 to October 31.

b. Temperature shall not exceed 20.0C, due to human activities. When natural conditions exceed 20.0C, no temperature increase will be allowed which will raise the receiving water temperature by greater than 0.3C; nor shall such temperature increases, at any time, exceed t = 34/(T + 9).

WRIA 58 Middle Lake Roosevelt
USES for all waters. Salmon Spawning and Rearing Primary ALL ALL
WRIA 59 Colville
USES for all waters. Salmon Spawning and Rearing Primary ALL ALL
WRIA 60 Kettle
USES for all waters. Salmon Spawning and Rearing Primary ALL ALL
WRIA 61 Upper Lake Roosevelt
USES for all waters. Salmon Spawning and Rearing Primary ALL ALL
WRIA 62 Pend Oreille
USES for all waters not specifically listed below. Salmon Spawning and Rearing Primary ALL ALL
All streams flowing into Idaho from Kalispell Creek to the Canadian border. Char Primary ALL ALL
East Branch Le Clerc Creek and West Branch Le Clerc Creek: All waters (including tributaries) above the junction. Char Primary ALL ALL
Harvey Creek and Paupac Creek: All waters (including tributaries) above the junction. Char Primary ALL ALL
Kalispell Creek and Small Creek: All waters (including tributaries) above the junction. Char Primary ALL ALL
Pass Creek and all tributaries. Char Primary ALL ALL
Pend Oreille River from Canadian border (river mile 16.0) to Idaho border (river mile 87.7).1 Salmon Spawning and Rearing Primary ALL ALL
South Salmon River and all tributaries. Char Primary ALL ALL
Sullivan Creek and Gypsy Creek: All waters (including tributaries) above the junction. Char Primary ALL ALL
Notes for WRIA 62:

1. Temperature shall not exceed 20.0C due to human activities. When natural conditions exceed 20.0C, no temperature increase will be allowed which will raise the receiving water temperature by greater than 0.3C; nor shall such temperature increases, at any time, exceed t = 34/(T + 9)

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NEW SECTION
WAC 173-201A-610   Specific use designations -- Marine waters.   All marine surface waters that have not been assigned specific uses for protection under WAC 173-201A-612 are to be assigned the following minimum set of uses:

(1) Aquatic life uses (WAC 173-201A-210(1)) which are the following categories: Extraordinary quality, excellent quality, good quality, and fair quality;

(2) Water contact (WAC 173-201A-210(2)) which are the following categories: Primary and secondary water contact;

(3) Miscellaneous uses (WAC 173-201A-210(3)) which are the following categories: Wildlife habitat and commerce and navigation.

Key to Table 612:

Extraordinary quality Extraordinary quality salmonid and other fish migration, rearing, spawning, and harvesting; clam, oyster, and mussel rearing, spawning, and harvesting; crustaceans and other shellfish (crabs, shrimp, crayfish, scallops, etc.) rearing, spawning, and harvesting.
Excellent quality Excellent quality salmonid and other fish migration, rearing, spawning, and harvesting; clam, oyster, and mussel rearing, spawning, and harvesting; crustaceans and other shellfish (crabs, shrimp, crayfish, scallops, etc.) rearing, spawning, and harvesting.
Good quality Good quality salmonid and other fish migration, rearing, spawning, and harvesting; clam, oyster, and mussel rearing and spawning; crustaceans and other shellfish (crabs, shrimp, crayfish, scallops, etc.) rearing, spawning, and harvesting.
Fair quality Fair quality salmonid and other fish migration and harvesting.
Primary Primary water contact uses.
Secondary Secondary water contact uses.
Wildlife Wildlife habitat.
Commerce Commerce and navigations.

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NEW SECTION
WAC 173-201A-612   Table 612 -- Use designations for marine waters.   Table 612 lists uses for marine waters. It is possible to remove, or add, a use to a waterbody through a use attainability analysis. In order to do this, follow the process described in WAC 173-201A-440. For "aquatic life uses," only the use with the most stringent criteria is listed. For each entry, all of the other uses with less-stringent criteria (appearing lower on the list) are also designated uses. The criteria noted in Table 612 take precedence over the criteria in WAC 173-201A-210 for the same parameter.

Table 612

Use Designations for Marine Waters

Aquatic Life Uses Water Contact Use Miscellaneous Use
Extraordinary quality Excellent quality

Good quality

Fair quality

Primary

Secondary

Wildlife

Commerce

Budd Inlet south of latitude 4704'N (south of Priest Point Park). Good quality Secondary ALL
Coastal waters: Pacific Ocean from Ilwaco to Cape Flattery. Extraordinary quality Primary ALL
Commencement Bay south and east of a line bearing 258 true from "Brown's Point" and north and west of line bearing 225 true through the Hylebos waterway light. Excellent quality Primary ALL
Commencement Bay, inner, south and east of a line bearing 225 true through Hylebos waterway light except the city waterway south and east of south 11th Street. Good quality Secondary ALL
Commencement Bay, city waterway south and east of south 11th Street. Fair quality Secondary ALL
Drayton Harbor, south of entrance. Excellent quality Primary ALL
Dyes and Sinclair inlets west of longitude 12237'W. Excellent quality Primary ALL
Elliott Bay east of a line between Pier 91 and Duwamish Head. Excellent quality Primary ALL
Everett Harbor, inner, northeast of a line bearing 121 true from approximately 4759'5"N and 12213'44"W (southwest corner of the pier). Good quality Secondary ALL
Grays Harbor west of longitude 12359'W. Excellent quality Primary ALL
Grays Harbor east of longitude 12359'W to longitude 12345'45"W (Cosmopolis Chehalis River, river mile 3.1). Special condition -dissolved oxygen shall exceed 5.0 mg/L. Good quality Secondary ALL
Guemes Channel, Padilla, Samish and Bellingham bays east of longitude 12239'W and north of latitude 4827'20"N. Excellent quality Primary ALL
Hood Canal. Extraordinary quality Primary ALL
Mukilteo and all North Puget Sound west of longitude 12239'W (Whidbey, Fidalgo, Guemes and Lummi islands and State Highway 20 Bridge at Deception Pass), except as otherwise noted. Extraordinary quality Primary ALL
Oakland Bay west of longitude 12305'W (inner Shelton harbor). Good quality Secondary ALL
Port Angeles south and west of a line bearing 152 true from buoy "2" at the tip of Ediz Hook. Excellent quality Primary ALL
Port Gamble south of latitude 4751'20"N. Excellent quality Primary ALL
Port Townsend west of a line between Point Hudson and Kala Point. Excellent quality Primary ALL
Possession Sound, south of latitude 4757'N. Extraordinary quality Primary ALL
Possession Sound, Port Susan, Saratoga Passage, and Skagit Bay east of Whidbey Island and State Highway 20 Bridge at Deception Pass between latitude 4757'N (Mukilteo) and latitude 4827'20"N (Similk Bay), except as otherwise noted. Excellent quality Primary ALL
Puget Sound through Admiralty Inlet and South Puget Sound, south and west to longitude 12252'30"W (Brisco Point) and longitude 12251'W (northern tip of Hartstene Island). Extraordinary quality Primary ALL
Sequim Bay southward of entrance. Extraordinary quality Primary ALL
South Puget Sound west of longitude 12252'30"W (Brisco Point) and longitude 12251'W (northern tip of Hartstene Island, except as otherwise noted). Excellent quality Primary ALL
Strait of Juan de Fuca. Extraordinary quality Primary ALL
Totten Inlet and Little Skookum Inlet, west of longitude 12256'32" (west side of Steamboat Island). Extraordinary quality Primary ALL
Willapa Bay seaward of a line bearing 70 true through Mailboat Slough light (Willapa River, river mile 1.8). Excellent quality Primary ALL

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NEW SECTION


The following sections of the Washington Administrative Code are recodified as follows:

Old WAC number New WAC number
173-201A-040 173-201A-240
173-201A-050 173-201A-250
173-201A-100 173-201A-400
173-201A-110 173-201A-410
173-201A-150 173-201A-500
173-201A-160 173-201A-510
173-201A-170 173-201A-520
173-201A-180 173-201A-530

REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 173-201A-030 General water use and criteria classes.
WAC 173-201A-060 General considerations.
WAC 173-201A-070 Antidegradation.
WAC 173-201A-080 Outstanding resource waters.
WAC 173-201A-120 General classifications.
WAC 173-201A-130 Specific classifications -- Freshwater.
WAC 173-201A-140 Specific classifications -- Marine water.

Washington State Code Reviser's Office