WSR 20-02-091
PERMANENT RULES
DEPARTMENT OF ECOLOGY
[Order 19-02—Filed December 30, 2019, 11:54 a.m., effective January 30, 2020]
Effective Date of Rule: Thirty-one days after filing.
Purpose: The department of ecology (ecology) is adopting amendments to multiple sections of chapter 173-201A WAC, Water quality standards for surface waters of the state of Washington. This rule making amends the following sections:
The numeric criteria for total dissolved gas in the Snake and Columbia rivers:
oWAC 173-201A-200 (1)(f)(ii).
Specific sections of the rule to meet legal obligations in a 2018 stipulated order of dismissal (see discussion below):
oWAC 173-201A-200 (1)(c)(ii)(B).
oWAC 173-201A-210 (1)(c)(ii)(B).
oWAC 173-201A-240(5) Table 240 footnote dd.
The descriptions of marine water aquatic life use designations:
oWAC 173-201A-210 (1)(a).
oWAC 173-201A-610 Table 610.
Citation of Rules Affected by this Order: Amending WAC 173-201A-200 (1)(f)(ii), 173-201A-200 (1)(c)(ii)(B), 173-201A-210 (1)(a), 173-201A-210 (1)(c)(ii)(B), 173-201A-240(5), and 173-201A-610.
Statutory Authority for Adoption: RCW 90.48.035 provides clear and direct authority to ecology to revise the surface water quality standards (SWQS). Additionally, 40 C.F.R. 131.20 requires states and tribes with Federal Clean Water Act authority to periodically review and update the SWQS.
Other Authority: 40 C.F.R. 131.20 requires states and tribes (with primacy for clean water actions) to periodically review and update the water quality standards.
Adopted under notice filed as WSR 19-16-063 on July 30, 2019.
Changes Other than Editing from Proposed to Adopted Version: There are some differences between the proposed rule filed on July 30, 2019, and the adopted rule filed on December 30, 2019. Ecology made these changes for all or some of the following reasons:
In response to comments we received.
To ensure clarity and consistency.
To meet the intent of the authorizing statute. The following content describes the changes and ecology's reasons for making them.
Change to WAC 173-201A-200 (1)(c)(ii):
We edited to retain the intent of the section as it applies to individual point source activities in response to public comment.
Proposed Rule Language:
(ii) When the background condition of the water is cooler than the criteria in Table 200 (1)(c), ((the allowable rate of warming up to, but not exceeding, the numeric criteria from human actions is restricted as follows:
(A))) incremental temperature increases resulting from individual point source activities must not, at any time, exceed 28/(T+7) 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
Final Rule Language:
(ii) When the background condition of the water is cooler than the criteria in Table 200 (1)(c), ((the allowable rate of warming up to, but not exceeding, the numeric criteria from human actions is restricted as follows:
(A))) incremental temperature increases resulting from individual point source activities must not exceed the numeric criteria and must not, at any time, exceed 28/(T+7) 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
Change to WAC 173-201A-200 (1)(f)(ii):
We made edits to the proposed rule language in response to public comments.
Proposed Rule Language:
(ii) 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)) spilling for anadromous juvenile fish passage as of the 2020 spill season.
Final Rule Language:
(ii) The TDG criteria may be adjusted to aid fish passage over hydroelectric dams that ((when consistent with a department approved gas abatement plan. This plan must be accompanied by fisheries management and physical and biological monitoring plans)) spilling for anadromous juvenile fish passage as of the 2020 spill season.
Change to WAC 173-201A-200 (1)(f)(ii)(B):
We made edits to the proposed rule language in response to public comments.
Proposed Rule Language:
(B) To further aid fish passage during the spring spill season (generally from April through June), spill may be increased up to a maximum TDG saturation level of one hundred twenty-five percent calculated as an average of the two highest hourly TDG measures in a calendar day. This TDG criteria may be applied in place of (f)(ii)(A) of this subsection during spring spill operations when applied in accordance with the following conditions:
Final Rule Language:
(B) To further aid fish passage during the spring spill season (generally from April through June), spill may be increased up to the following levels as measured at the tailrace fixed site monitoring location:
A maximum TDG saturation level of one hundred twenty-five percent calculated as an average of the two twelve highest hourly TDG measures in a calendar day, and;
At the tailrace fixed site monitoring locations. A maximum TDG saturation level of one hundred twenty-six percent calculated as an average of any two consecutive hourly TDG measures.
This These TDG criteria may be applied in place of (f)(ii)(A) of this subsection during spring spill operations when applied in accordance with the following conditions:
Change to WAC 173-201A-200 (1)(f)(ii)(B)(I):
We made edits to the proposed rule language in response to public comments.
Proposed Rule Language:
(I) In addition to complying with the requirements of this chapter, the tailrace maximum TDG criteria applied at dams operated by the U.S., Army Corps of Engineers must be in accordance with legally valid Endangered Species Act consultation documents on Columbia River system operations, including operations for fish passage.
Final Rule Language:
(I) In addition to complying with the requirements of this chapter, the tailrace maximum TDG criteria applied at hydropower dams operated by the U.S. Army Corps of Engineers shall be applied in accordance with legally valid Endangered Species Act consultation documents associated with spill operations on the Snake and Columbia Rrivers system operations, including operations for fish passage. The Endangered Species Act consultation documents are those by which dams may legally operate during the time that the adjusted criteria in (f)(ii)(B) of this subsection are in use.
Change to WAC 173-201A-200 (1)(f)(ii)(B)(II):
We made edits to the proposed rule language in response to public comments.
Proposed Rule Language:
(II) Application of the tailrace maximum TDG criteria must be accompanied by a department approved biological monitoring plan designed to measure impacts of fish exposed to increased TDG conditions. Beginning in the year 2021, plans must include monitoring for nonsalmonid fish species and must continue for a minimum of five years, and thereafter as determined by the department.
Final Rule Language:
(II) Application of the tailrace maximum TDG criteria must be accompanied by a department approved biological monitoring plan designed to measure impacts of fish exposed to increased TDG conditions throughout the spring spill season. Beginning in the year 2021, plans must include monitoring for nonsalmonid fish species and must continue for a minimum of five years, and thereafter as determined by the department.
Change to WAC 173-201A-200 (1)(f)(ii)(B)(III):
We made edits to the proposed rule language in response to public comments.
Proposed Rule Language:
(III) TDG must be reduced to allowances specified in (f)(ii)(A) of this subsection if the calculated incidence of gas bubble trauma in salmonids (with a minimum sample size of fifty fish required weekly) or nonsalmonids (with a minimum sample size of fifty fish required weekly) exceeds:
• Gas bubble trauma in nonpaired fins of fifteen percent; or
• Gas bubble trauma in nonpaired fins of five percent and gas bubbles occlude more than twenty-five percent of the surface area of the fin.
If gas bubble trauma exceeds these biological thresholds, additional monitoring must demonstrate the incidence of gas bubble trauma below biological thresholds before TDG can be adjusted to allowances specified in this subsection.
Final Rule Language:
(III) TDG must be reduced to allowances specified in (f)(ii)(A) of this subsection if the calculated incidence of gas bubble trauma in salmonids (with a minimum sample size of fifty fish required weekly) or nonsalmonids (with a minimum sample size of fifty fish required weekly) exceeds:
• Gas bubble trauma in nonpaired fins of fifteen percent; or
• Gas bubble trauma in nonpaired fins of five percent and gas bubbles occlude more than twenty-five percent of the surface area of the fin.
If gas bubble trauma exceeds these biological thresholds, additional monitoring must demonstrate the incidence of gas bubble trauma below biological thresholds before TDG can be adjusted to allowances specified in this subsection. Gas bubble trauma monitoring data shall be excluded from comparison to biological thresholds when higher than normal river flow contributes to excess spill above the ability to meet subsection (f)(ii)(B). This monitoring data exclusion shall apply for one full calendar day after reduced river flow allows attainment of subsection (f)(ii)(B).
Change to WAC 173-201A-210 (1)(c)(ii):
We edited to retain the intent of the section as it applies to individual point source activities, in response to public comment.
Proposed Rule Language:
(ii) When the natural condition of the water is cooler than the criteria in Table 210 (1)(c),((the allowable rate of warming up to, but not exceeding, the numeric criteria from human actions is restricted as follows:
(A))) incremental temperature increases resulting from individual point source activities must not, at any time, exceed 28/(T+7) 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
Final Rule Language:
(ii) When the natural condition of the water is cooler than the criteria in Table 210 (1)(c), ((the allowable rate of warming up to, but not exceeding, the numeric criteria from human actions is restricted as follows:
(A))) incremental temperature increases resulting from individual point source activities must not exceed the numeric criteria and must not, at any time, exceed 28/(T+7) 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
A final cost-benefit analysis is available by contacting Susan Braley, Department of Ecology, Water Quality Program, P.O. Box 47600, Olympia, WA 98504-7600, phone 360-407-6414, people with speech disability may call TTY at 877-833-6341, people with impaired hearing may call Washington relay service at 711, email swqs@ecy.wa.gov, website https://fortress.wa.gov/ecy/publications/SummaryPages/1910049.html.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 6, Repealed 0; Federal Rules or Standards: New 0, Amended 6, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 3, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 3, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: December 30, 2019.
Maia D. Bellon
Director
AMENDATORY SECTION(Amending WSR 19-04-007, filed 1/23/19, effective 2/23/19)
WAC 173-201A-200Fresh water designated uses and criteria.
The following uses are designated for protection in fresh surface waters of the state. Use designations for water bodies are listed in WAC 173-201A-600 and 173-201A-602.
(1) Aquatic life uses. Aquatic life uses are designated based on the presence of, or the intent to provide protection for, the key uses identified in (a) of this subsection. It is required that all indigenous fish and nonfish aquatic species be protected in waters of the state in addition to the key species described below.
(a) The categories for aquatic life uses are:
(i) Char spawning and rearing. The key identifying characteristics of this use are spawning or early juvenile rearing by native char (bull trout and Dolly Varden), or use by other aquatic species similarly dependent on such cold water. Other common characteristic aquatic life uses for waters in this category include summer foraging and migration of native char; and spawning, rearing, and migration by other salmonid species.
(ii) Core summer salmonid habitat. The key identifying characteristics of this use are summer (June 15 - September 15) salmonid spawning or emergence, or adult holding; use as important summer rearing habitat by one or more salmonids; or foraging by adult and subadult native char. Other common characteristic aquatic life uses for waters in this category include spawning outside of the summer season, rearing, and migration by salmonids.
(iii) Salmonid spawning, rearing, and migration. The key identifying characteristic of this use is salmon or trout spawning and emergence that only occurs outside of the summer season (September 16 - June 14). Other common characteristic aquatic life uses for waters in this category include rearing and migration by salmonids.
(iv) Salmonid rearing and migration only. The key identifying characteristic of this use is use only for rearing or migration by salmonids (not used for spawning).
(v) Non-anadromous interior redband trout. For the protection of waters where the only trout species is a non-anadromous form of self-reproducing interior redband trout (O. mykis), and other associated aquatic life.
(vi) Indigenous warm water species. For the protection of waters 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 (2)(a) and (b), and are for:
(i) Toxic, radioactive, and deleterious materials; and
(ii) Aesthetic values.
(c) Aquatic life temperature criteria. Except where noted, water temperature is measured by the 7-day average of the daily maximum temperatures (7-DADMax). Table 200 (1)(c) lists the temperature criteria for each of the aquatic life use categories.
Table 200 (1)(c)
Aquatic Life Temperature Criteria in Fresh Water
Category
Highest 7-DADMax
Char Spawning and Rearing*
12°C (53.6°F)
Core Summer Salmonid Habitat*
16°C (60.8°F)
Salmonid Spawning, Rearing, and Migration*
17.5°C (63.5°F)
Salmonid Rearing and Migration Only
17.5°C (63.5°F)
Non-anadromous Interior Redband Trout
18°C (64.4°F)
Indigenous Warm Water Species
20°C (68°F)
*Note:
Some streams have a more stringent temperature criterion that is applied seasonally to further protect salmonid spawning and egg incubation. See (c)(B)(iv) of this subsection.
(i) When a water body's temperature is warmer than the criteria in Table 200 (1)(c) (or within 0.3°C (0.54°F) of the criteria) and that condition is due to natural conditions, then human actions considered cumulatively may not cause the 7-DADMax temperature of that water body to increase more than 0.3°C (0.54°F).
(ii) When the background condition of the water is cooler than the criteria in Table 200 (1)(c), ((the allowable rate of warming up to, but not exceeding, the numeric criteria from human actions is restricted as follows:
(A)))incremental temperature increases resulting from individual point source activities must not exceed the numeric criteria and must not, at any time, exceed 28/(T+7) 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 water body must not, at any time, exceed 2.8°C (5.04°F))).
(iii) Temperatures are not to exceed the criteria at a probability frequency of more than once every ten years on average.
(iv) Spawning and incubation protection. The department has identified waterbodies, or portions thereof, which require special protection for spawning and incubation in ecology publication 06-10-038 (also available on ecology's website at www.ecology.wa.gov). This publication indicates where and when the following criteria are to be applied to protect the reproduction of native char, salmon, and trout:
• Maximum 7-DADMax temperatures of 9°C (48.2°F) at the initiation of spawning and at fry emergence for char; and
• Maximum 7-DADMax temperatures of 13°C (55.4°F) at the initiation of spawning for salmon and at fry emergence for salmon and trout.
The two criteria above are protective of incubation as long as human actions do not significantly disrupt the normal patterns of fall cooling and spring warming that provide significantly colder temperatures over the majority of the incubation period.
(v) For lakes, human actions considered cumulatively may not increase the 7-DADMax temperature more than 0.3°C (0.54°F) above natural conditions.
(vi) Temperature measurements should be taken to represent the dominant aquatic habitat of the monitoring site. This typically means samples 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.
(vii) The department will incorporate the following guidelines on preventing acute lethality and barriers to migration of salmonids into determinations of compliance with the narrative requirements for use protection established in this chapter (e.g., WAC 173-201A-310(1), 173-201A-400(4), and 173-201A-410 (1)(c)). The following site-level considerations do not, however, override the temperature criteria established for waters in subsection (1)(c) of this section or WAC 173-201A-600 through 173-201A-602:
(A) Moderately acclimated (16-20°C, or 60.8-68°F) adult and juvenile salmonids will generally be protected from acute lethality by discrete human actions maintaining the 7-DADMax temperature at or below 22°C (71.6°F) and the 1-day maximum (1-DMax) temperature at or below 23°C (73.4°F).
(B) Lethality to developing fish embryos can be expected to occur at a 1-DMax temperature greater than 17.5°C (63.5°F).
(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 33°C (91.4°F) to avoid creating areas that will cause near instantaneous lethality.
(D) Barriers to adult salmonid migration are assumed to exist any time the 1-DMax temperature is greater than 22°C (71.6°F) and the adjacent downstream water temperatures are 3°C (5.4°F) or more cooler.
(viii) 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 are measured in milligrams per liter (mg/L). Table 200 (1)(d) lists the 1-day minimum D.O. for each of the aquatic life use categories.
Table 200 (1)(d)
Aquatic Life Dissolved Oxygen Criteria in Fresh Water
Category
Lowest 1-Day
Minimum
Char Spawning and Rearing
9.5 mg/L
Core Summer Salmonid Habitat
9.5 mg/L
Salmonid Spawning, Rearing, and Migration
8.0 mg/L
Salmonid Rearing and Migration Only
6.5 mg/L
Non-anadromous Interior Redband Trout
8.0 mg/L
Indigenous Warm Water Species
6.5 mg/L
(i) When a water body'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, then human actions considered cumulatively may not cause the D.O. of that water body to decrease more than 0.2 mg/L.
(ii) For lakes, human actions considered cumulatively may not decrease the dissolved oxygen concentration more than 0.2 mg/L below natural conditions.
(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) D.O. measurements should be taken to represent the dominant aquatic habitat of the monitoring site. This typically means samples 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.
(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 Spawning and Rearing
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.
Core Summer Salmonid Habitat
Same as above.
Salmonid Spawning, Rearing, and Migration
Same as above.
Salmonid Rearing and Migration 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
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.
Indigenous Warm Water Species
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.
(i) 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:
(A) For waters up to 10 cfs flow at the time of construction, the point of compliance shall be one hundred feet downstream from the 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 the 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 the activity causing the turbidity exceedance.
(D) For projects working within or along lakes, ponds, wetlands, or other nonflowing waters, the point of compliance shall be at a radius of one hundred fifty feet from the activity causing the turbidity exceedance.
(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 Spawning and Rearing
Total dissolved gas shall not exceed 110 percent of saturation at any point of sample collection.
Core Summer Salmonid Habitat
Same as above.
Salmonid Spawning, Rearing, and Migration
Same as above.
Salmonid Rearing and Migration Only
Same as above.
Non-anadromous Interior Redband Trout
Same as above.
Indigenous Warm Water Species
Same as above.
(i) The water quality criteria established in this chapter for TDG shall not apply when the stream flow exceeds the seven-day, ten-year frequency flood.
(ii) 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))that spill for anadromous juvenile fish as of the 2020 spill season. The elevated TDG levels are intended to allow increased fish passage without causing more harm to fish populations than caused by turbine fish passage. The following special fish passage exemptions for the Snake and Columbia rivers apply when spilling water at dams is necessary to aid fish passage:
(())(A) TDG must not exceed:
• An average of one hundred fifteen percent as measured in the forebays of the next downstream dams and must not exceed an average of one hundred twenty percent as measured in the tailraces of each dam (these averages are ((measured))calculated as an average of the twelve highest ((consecutive)) hourly readings in ((any one))a calendar day, relative to atmospheric pressure); and
• A maximum TDG ((one hour average))saturation level of one hundred twenty-five percent ((must not be exceeded))calculated as an average of the two highest hourly TDG measures in a calendar day during spillage for fish passage.
(B) To further aid fish passage during the spring spill season (generally from April through June), spill may be increased up to the following levels as measured at the tailrace fixed site monitoring location:
• A maximum TDG saturation level of one hundred twenty-five percent calculated as an average of the twelve highest hourly TDG measures in a calendar day; and
• A maximum TDG saturation level of one hundred twenty-six percent calculated as an average of any two consecutive hourly TDG measures.
These TDG criteria may be applied in place of (f)(ii)(A) of this subsection during spring spill operations when applied in accordance with the following conditions:
(I) In addition to complying with the requirements of this chapter, the tailrace maximum TDG criteria at hydropower dams shall be applied in accordance with Endangered Species Act consultation documents associated with spill operations on the Snake and Columbia rivers, including operations for fish passage. The Endangered Species Act consultation documents are those by which dams may legally operate during the time that the adjusted criteria in (f)(ii)(B) of this subsection are in use.
(II) Application of the tailrace maximum TDG criteria must be accompanied by a department approved biological monitoring plan designed to measure impacts of fish exposed to increased TDG conditions throughout the spring spill season. Beginning in the year 2021, plans must include monitoring for nonsalmonid fish species and must continue for a minimum of five years, and thereafter as determined by the department.
(III) TDG must be reduced to allowances specified in (f)(ii)(A) of this subsection if the calculated incidence of gas bubble trauma in salmonids (with a minimum sample size of fifty fish required weekly) or nonsalmonids (with a minimum sample size of fifty fish required weekly) exceeds:
• Gas bubble trauma in nonpaired fins of fifteen percent; or
• Gas bubble trauma in nonpaired fins of five percent and gas bubbles occlude more than twenty-five percent of the surface area of the fin.
If gas bubble trauma exceeds these biological thresholds, additional monitoring must demonstrate the incidence of gas bubble trauma below biological thresholds before TDG can be adjusted to allowances specified in this subsection. Gas bubble trauma monitoring data shall be excluded from comparison to biological thresholds when higher than normal river flow contributes to excess spill above the ability to meet (f)(ii)(B) of this subsection. This monitoring data exclusion shall apply for one full calendar day after reduced river flow allows attainment of (f)(ii)(B) of this subsection.
(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 Spawning and Rearing
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.
Core Summer Salmonid Habitat
Same as above.
Salmonid Spawning, Rearing, and Migration
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.
Salmonid Rearing and Migration Only
Same as above.
Non-anadromous Interior Redband Trout
Same as above.
Indigenous Warm Water Species
Same as above.
(2) Recreational uses. The recreational use is primary contact recreation.
(a) General criteria. General criteria that apply to fresh water recreational uses are described in WAC 173-201A-260 (2)(a) and (b), and are for:
(i) Toxic, radioactive, and deleterious materials; and
(ii) Aesthetic values.
(b) Water contact recreation bacteria criteria. Table 200 (2)(b) lists the bacteria criteria to protect water contact recreation in fresh waters. These criteria are based on Escherichia coli (E. coli) and fecal coliform organism levels, and expressed as colony forming units (CFU) or most probable number (MPN). The use of fecal coliform organism levels to determine compliance will expire December 31, 2020.
Table 200 (2)(b)
Primary Contact Recreation Bacteria Criteria in Fresh Water
Bacterial Indicator
Criteria
E. coli
E. coli organism levels within an averaging period must not exceed a geometric mean value of 100 CFU or MPN per 100 mL, with not more than 10 percent of all samples (or any single sample when less than ten sample points exist) obtained within the averaging period exceeding 320 CFU or MPN per 100 mL.
Fecal coliform (expires 12/31/2020)
Fecal coliform organism levels within an averaging period must not exceed a geometric mean value of 100 CFU or MPN per 100 mL, with not more than 10 percent of all samples (or any single sample when less than ten sample points exist) obtained within an averaging period exceeding 200 CFU or MPN per 100 mL.
(i) A minimum of three samples is required to calculate a geometric mean for comparison to the geometric mean criteria. Sample collection dates shall be well distributed throughout the averaging period so as not to mask noncompliance periods.
(A) Effluent bacteria samples: When averaging effluent bacteria sample values for comparison to the geometric mean criteria, or for determining permit compliance, the averaging period shall be thirty days or less.
(B) Ambient water quality samples: When averaging bacteria sample values for comparison to the geometric mean criteria, it is preferable to average by season. The averaging period of bacteria sample data shall be ninety days or less.
(ii) When determining compliance with the bacteria criteria in or around small sensitive areas, such as 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.
(iii) As determined necessary by the department, more stringent bacteria criteria may be established 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.
(iv) 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 as described in WAC 173-201A-430.
(3) Water supply uses. The water supply uses are domestic, agricultural, industrial, and stock watering.
General criteria. General criteria that apply to the water supply uses are described in WAC 173-201A-260 (2)(a) and (b), and are for:
(a) Toxic, radioactive, and deleterious materials; and
(b) Aesthetic values.
(4) Miscellaneous uses. The miscellaneous fresh water uses are wildlife habitat, harvesting, commerce and navigation, boating, and aesthetics.
General criteria. General criteria that apply to miscellaneous fresh water uses are described in WAC 173-201A-260 (2)(a) and (b), and are for:
(a) Toxic, radioactive, and deleterious materials; and
(b) Aesthetic values.
AMENDATORY SECTION(Amending WSR 19-04-007, filed 1/23/19, effective 2/23/19)
WAC 173-201A-210Marine water designated uses and criteria.
The following uses are designated for protection in marine surface waters of the state of Washington. Use designations for specific water bodies are listed in WAC 173-201A-612.
(1) Aquatic life uses. Aquatic life uses are designated using the following general categories. It is required that all indigenous fish and nonfish aquatic species be protected in waters of the state.
(a) The categories for aquatic life uses are:
(i) Extraordinary quality. Water quality of this use class shall markedly and uniformly exceed the requirements for all uses including, but not limited to, salmonid ((and))migration and rearing; other fish migration, rearing, and spawning; clam, oyster, and mussel rearing and spawning; crustaceans and other shellfish (crabs, shrimp, crayfish, scallops, etc.) rearing and spawning.
(ii) Excellent quality. Water quality of this use class shall meet or exceed the requirements for all uses including, but not limited to, salmonid ((and))migration and rearing; other fish migration, rearing, and spawning; clam, oyster, and mussel rearing and spawning; crustaceans and other shellfish (crabs, shrimp, crayfish, scallops, etc.) rearing and spawning.
(iii) Good quality. Water quality of this use class shall meet or exceed the requirements for most uses including, but not limited to, salmonid migration and rearing; other fish migration, rearing, and spawning; clam, oyster, and mussel rearing and spawning; crustaceans and other shellfish (crabs, shrimp, crayfish, scallops, etc.) rearing and spawning.
(iv) Fair quality. Water quality of this use class shall meet or exceed the requirements for selected and essential uses including, but not limited to, salmonid and other fish migration.
(b) General criteria. General criteria that apply to aquatic life marine water uses are described in WAC 173-201A-260 (2)(a) and (b), and are for:
(i) Toxic, radioactive, and deleterious materials; and
(ii) Aesthetic values.
(c) Aquatic life temperature criteria. Except where noted, temperature is measured as a 1-day maximum temperature (1-DMax). Table 210 (1)(c) lists the temperature criteria for each of the aquatic life use categories.
Table 210 (1)(c)
Aquatic Life Temperature Criteria in Marine Water
Category
Highest 1-DMax
Extraordinary quality
13°C (55.4°F)
Excellent quality
16°C (60.8°F)
Good quality
19°C (66.2°F)
Fair quality
22°C (71.6°F)
(i) When a water body's temperature is warmer than the criteria in Table 210 (1)(c) (or within 0.3°C (0.54°F) of the criteria) and that condition is due to natural conditions, then human actions considered cumulatively may not cause the 7-DADMax temperature of that water body to increase more than 0.3°C (0.54°F).
(ii) When the natural condition of the water is cooler than the criteria in Table 210 (1)(c), ((the allowable rate of warming up to, but not exceeding, the numeric criteria from human actions is restricted as follows:
(A)))incremental temperature increases resulting from individual point source activities must not exceed the numeric criteria and must not, at any time, exceed 12/(T-2) 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 water body must not, at any time, exceed 2.8°C (5.04°F))).
(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 be taken to represent the dominant aquatic habitat of the monitoring site. This typically means samples should not be taken from shallow stagnant backwater areas, within isolated thermal refuges, at the surface, or at the water's edge.
(v) The department will incorporate the following guidelines on preventing acute lethality and barriers to migration of salmonids into determinations of compliance with the narrative requirements for use protection established in this chapter (e.g., WAC 173-201A-310(1), 173-201A-400(4), and 173-201A-410 (1)(c)). The following site-level considerations do not, however, override the temperature criteria established for waters in subsection (1)(c) of this subsection or WAC 173-201A-612:
(A) Moderately acclimated (16-20°C, or 60.8-68°F) adult and juvenile salmonids will generally be protected from acute lethality by discrete human actions maintaining the 7-DADMax temperature at or below 22°C (71.6°F) and the 1-DMax temperature at or below 23°C (73.4°F).
(B) Lethality to developing fish embryos can be expected to occur at a 1-DMax temperature greater than 17.5°C (63.5°F).
(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 33°C (91.4°F) to avoid creating areas that will cause near instantaneous lethality.
(D) Barriers to adult salmonid migration are assumed to exist any time the 1-DMax temperature is greater than 22°C (71.6°F) and the adjacent downstream water temperatures are 3°C (5.4°F) or more cooler.
(vi) 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. 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 for each of the aquatic life use categories.
Table 210 (1)(d)
Aquatic Life Dissolved Oxygen Criteria in Marine Water
Category
Lowest 1-Day Minimum
Extraordinary quality
7.0 mg/L
Excellent quality
6.0 mg/L
Good quality
5.0 mg/L
Fair quality
4.0 mg/L
(i) When a water body's D.O. is lower than the criteria in Table 210 (1)(d) (or within 0.2 mg/L of the criteria) and that condition is due to natural conditions, then human actions considered cumulatively may not cause the D.O. of that water body to decrease more than 0.2 mg/L.
(ii) 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.
(iii) D.O. measurements should be taken to represent the dominant aquatic habitat of the monitoring site. This typically means samples should not be taken from shallow stagnant backwater areas, within isolated thermal refuges, at the surface, or at the water's edge.
(e) Aquatic life turbidity criteria. Turbidity is measured in "nephelometric turbidity units" or "NTUs." Table 210 (1)(e) lists the one-day maximum turbidity 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.
(i) The turbidity criteria established under WAC 173-201A-210 (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. For estuaries or marine waters, the point of compliance for a temporary area of mixing shall be at a radius of one hundred fifty feet from the activity causing the turbidity exceedance.
(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.
(2) Shellfish harvesting.
(a) General criteria. General criteria that apply to shellfish harvesting uses for marine water are described in WAC 173-201A-260 (2)(a) and (b), and are for:
(i) Toxic, radioactive, and deleterious materials; and
(ii) Aesthetic values.
(b) Shellfish harvesting bacteria criteria. Fecal coliform organism levels are used to protect shellfish harvesting. Criteria are expressed as colony forming units (CFU) or most probable number (MPN). Fecal coliform must not exceed a geometric mean value of 14 CFU or MPN per 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 CFU or MPN per 100 mL.
(i) 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.
(ii) When averaging bacteria sample data for comparison to the geometric mean criteria, it is preferable to average by season and include five or more data collection events within each period. 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. The period of averaging should not exceed twelve months, and should have sample collection dates well distributed throughout the reporting period.
(iii) When determining compliance with the bacteria criteria in or around small sensitive areas, 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.
(iv) As determined necessary by the department, more stringent bacteria criteria may be established for waters 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 water are being met.
(v) 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 the department.
(3) Recreational uses. The recreational use is primary contact recreation.
(a) General criteria. General criteria that apply to water contact uses for marine water are described in WAC 173-201A-260 (2)(a) and (b), and are for:
(i) Toxic, radioactive, and deleterious materials; and
(ii) Aesthetic values.
(b) Water contact recreation bacteria criteria. Table 210 (3)(b) lists the bacteria criteria to protect water contact recreation in marine waters. These criteria are based on enterococci and fecal coliform organism levels, and expressed as colony forming units (CFU) or most probable number (MPN). The use of fecal coliform levels to determine compliance will expire December 31, 2020.
Table 210 (3)(b)
Primary Contact Recreation Bacteria Criteria in Marine Water
Bacterial Indicator
Criteria
Enterococci
Enterococci organism levels within an averaging period must not exceed a geometric mean value of 30 CFU or MPN per 100 mL, with not more than 10 percent of all samples (or any single sample when less than ten sample values exist) obtained within the averaging period exceeding 110 CFU or MPN per 100 mL.
Fecal coliform (expires 12/31/2020)
Fecal coliform organism levels within an averaging period must not exceed a geometric mean value of 14 CFU or MPN per 100 mL, with not more than 10 percent of all samples (or any single sample when less than ten sample points exist) obtained within an averaging period exceeding 43 CFU or MPN per 100 mL.
(i) A minimum of three samples is required to calculate a geometric mean for comparison to the geometric mean criterion. Sample collection dates shall be well distributed throughout the averaging period so as not to mask noncompliance periods.
(A) Effluent bacteria samples: When averaging effluent bacteria sample values for comparison to the geometric mean criteria, or for determining permit compliance, the averaging period shall be thirty days or less.
(B) Ambient water quality samples: When averaging ambient bacteria sample values for comparison to the geometric mean criteria, it is preferable to average by season. The averaging period of bacteria sample data shall be ninety days or less.
(ii) When determining compliance with the bacteria criteria in or around small sensitive areas, such as 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.
(iii) As determined necessary by the department, more stringent bacteria criteria may be established for waters 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 water are being met.
(iv) 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 as described in WAC 173-201A-430.
(4) Miscellaneous uses. The miscellaneous marine water uses are wildlife habitat, harvesting, commerce and navigation, boating, and aesthetics.
General criteria. General criteria that apply in miscellaneous marine water uses are described in WAC 173-201A-260 (2)(a) and (b), and are for:
(a) Toxic, radioactive, and deleterious materials; and
(b) Aesthetic values.
AMENDATORY SECTION(Amending WSR 16-16-095, filed 8/1/16, effective 9/1/16)
WAC 173-201A-240Toxic 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 designated uses of waters are being fully protected.
(3) USEPA Quality Criteria for Water, 1986, as revised, shall be used in the use and interpretation of the values listed in subsection (5) of this section.
(4) Concentrations of toxic, and other substances with toxic propensities not listed in Table 240 of this section shall be determined in consideration of USEPA Quality Criteria for Water, 1986, and as revised, and other relevant information as appropriate.
(5) The following criteria, found in Table 240, shall be applied to all surface waters of the state of Washington. Values are µg/L for all substances except ammonia and chloride which are mg/L, and asbestos which is million fibers/L. 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.
(a) Aquatic life protection. The department may revise the criteria in Table 240 for aquatic life on a statewide or water body-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.
(b) Human health protection. The following provisions apply to the human health criteria in Table 240. All waters shall maintain a level of water quality when entering downstream waters that provides for the attainment and maintenance of the water quality standards of those downstream waters, including the waters of another state. The human health criteria in the tables were calculated using a fish consumption rate of 175 g/day. Criteria for carcinogenic substances were calculated using a cancer risk level equal to one-in-one-million, or as otherwise specified in this chapter. The human health criteria calculations and variables include chronic durations of exposure up to seventy years. All human health criteria for metals are for total metal concentrations, unless otherwise noted. Dischargers have the obligation to reduce toxics in discharges through the use of AKART.
Table 240
Toxics Substances Criteria
Compound/Chemical
Chemical Abstracts Service
(CAS)#
Category
Aquatic Life
Criteria - Freshwater
Aquatic Life Criteria - 
Marine Water
Human Health Criteria
for Consumption of:
Acute
Chronic
Acute
Chronic
Water & Organisms
Organisms Only
Metals:
Antimony
7440360
Metals, cyanide,
and total phenols
-
-
-
-
12
180
Arsenic
7440382
Metals, cyanide,
and total phenols
360.0
(c,dd)
190.0
(d,dd)
69.0
(c,ll,dd)
36.0
(d,cc,ll,dd)
10
(A)
10
(A)
Asbestos
1332214
Toxic pollutants and
hazardous substances
-
-
-
-
7,000,000
fibers/L (C)
-
Beryllium
7440417
Metals, cyanide,
and total phenols
-
-
-
-
-
-
Cadmium
7440439
Metals, cyanide,
and total phenols
(i,c,dd)
(j,d,dd)
42.0
(c,dd)
9.3
(d,dd)
-
-
Chromium (III)
16065831
Metals, cyanide,
and total phenols
(m,c,gg)
(n,d,gg)
-
-
-
-
Chromium (VI)
18540299
Metals, cyanide,
and total phenols
15.0
(c,l,ii,dd)
10.0
(d,jj,dd)
1,100.0
(c,l,ll,dd)
50.0
(d,ll,dd)
-
-
Copper
7440508
Metals, cyanide,
and total phenols
(o,c,dd)
(p,d,dd)
4.8
(c,ll,dd)
3.1
(d,ll,dd)
1,300
(C)
-
Lead
7439921
Metals, cyanide,
and total phenols
(q,c,dd)
(r,d,dd)
210.0
(c,ll,dd)
8.1
(d,ll,dd)
-
-
Mercury
7439976
Metals, cyanide,
and total phenols
2.1
(c,kk,dd)
0.012
(d,ff,s)
1.8
(c,ll,dd)
0.025
(d,ff,s)
(G)
(G)
Methylmercury
22967926
Nonconventional
-
-
-
-
-
-
Nickel
7440020
Metals, cyanide,
and total phenols
(t,c,dd)
(u,d,dd)
74.0
(c,ll,dd)
8.2
(d,ll,dd)
150
190
Selenium
7782492
Metals, cyanide,
and total phenols
20.0
(c,ff)
5.0
(d,ff)
290
(c,ll,dd)
71.0
(d,x,ll,dd)
120
480
Silver
7440224
Metals, cyanide,
and total phenols
(y,a,dd)
-
1.9
(a,ll,dd)
-
-
-
Thallium
7440280
Metals, cyanide,
and total phenols
-
-
-
-
0.24
0.27
Zinc
7440666
Metals, cyanide,
and total phenols
(aa,c,dd)
(bb,d,dd)
90.0
(c,ll,dd)
81.0
(d,ll,dd)
2,300
2,900
Other chemicals:
1,1,1-Trichloroethane
71556
Volatile
-
-
-
-
47,000
160,000
1,1,2,2-Tetrachloroethane
79345
Volatile
-
-
-
-
0.12
(B)
0.46
(B)
1,1,2-Trichloroethane
79005
Volatile
-
-
-
-
0.44
(B)
1.8
(B)
1,1-Dichloroethane
75343
Volatile
-
-
-
-
-
-
1,1-Dichloroethylene
75354
Volatile
-
-
-
-
1200
4100
1,2,4-Trichlorobenzene
120821
Base/neutral compounds
-
-
-
-
0.12
(B)
0.14
(B)
1,2-Dichlorobenzene
95501
Volatile
-
-
-
-
2000
2500
1,2-Dichloroethane
107062
Volatile
-
-
-
-
9.3
(B)
120
(B)
1,2-Dichloropropane
78875
Volatile
-
-
-
-
0.71
(B)
3.1
(B)
1,3-Dichloropropene
542756
Volatile
-
-
-
-
0.24
(B)
2
(B)
1,2-Diphenylhydrazine
122667
Base/neutral compounds
-
-
-
-
0.015
(B)
0.023
(B)
1,2-Trans-Dichloroethylene
156605
Volatile
-
-
-
-
600
5,800
1,3-Dichlorobenzene
541731
Volatile
-
-
-
-
13
16
1,4-Dichlorobenzene
106467
Volatile
-
-
-
-
460
580
2,3,7,8-TCDD (Dioxin)
1746016
Dioxin
-
-
-
-
0.000000064
0.000000064
2,4,6-Trichlorophenol
88062
Acid compounds
-
-
-
-
0.25
(B)
0.28
(B)
2,4-Dichlorophenol
120832
Acid compounds
-
-
-
-
25
34
2,4-Dimethylphenol
105679
Acid compounds
-
-
-
-
85
97
2,4-Dinitrophenol
51285
Acid compounds
-
-
-
-
60
610
2,4-Dinitrotoluene
121142
Base/neutral compounds
-
-
-
-
0.039
(B)
0.18
(B)
2,6-Dinitrotoluene
606202
Base/neutral compounds
-
-
-
-
-
-
2-Chloroethyvinyl Ether
110758
Volatile
-
-
-
-
-
-
2-Chloronaphthalene
91587
Base/neutral compounds
-
-
-
-
170
180
2-Chlorophenol
95578
Acid compounds
-
-
-
-
15
17
2-Methyl-4,6-Dinitrophenol
(4,6-dinitro-o-cresol)
534521
Acid compounds
-
-
-
-
7.1
25
2-Nitrophenol
88755
Acid compounds
-
-
-
-
-
-
3,3'-Dichlorobenzidine
91941
Base/neutral compounds
-
-
-
-
0.0031
(B)
0.0033
(B)
3-Methyl-4-Chlorophenol (parachlorometa cresol)
59507
Acid compounds
-
-
-
-
36
36
4,4'-DDD
72548
Pesticides/PCBs
-
-
-
-
0.000036
(B)
0.000036
(B)
4,4'-DDE
72559
Pesticides/PCBs
-
-
-
-
0.000051
(B)
0.000051
(B)
4,4'-DDT
50293
Pesticides/PCBs
-
-
-
-
0.000025
(B)
0.000025
(B)
4,4'-DDT(and metabolites)
 
Pesticides/PCBs
1.1
(a)
0.001
(b)
0.13
(a)
0.001
(b)
-
-
4-Bromophenyl
Phenyl Ether
101553
Base/neutral compounds
-
-
-
-
-
-
4-Chorophenyl Phenyl Ether
7005723
Base/neutral compounds
-
-
-
-
-
-
4-Nitrophenol
100027
Acid compounds
-
-
-
-
-
-
Acenaphthene
83329
Base/neutral compounds
-
-
-
-
110
110
Acenaphthylene
208968
Base/neutral compounds
-
-
-
-
-
-
Acrolein
107028
Volatile
-
-
-
-
1.0
1.1
Acrylonitrile
107131
Volatile
-
-
-
-
0.019
(B)
0.028
(B)
Aldrin
309002
Pesticides/PCBs
2.5
(a,e)
0.0019
(b,e)
0.71
(a,e)
0.0019
(b,e)
0.0000057
(B)
0.0000058
(B)
alpha-BHC
319846
Pesticides/PCBs
-
-
-
-
0.0005
(B)
0.00056
(B)
alpha-Endosulfan
959988
Pesticides/PCBs
-
-
-
-
9.7
10
Anthracene
120127
Base/neutral compounds
-
-
-
-
3,100
4,600
Benzene
71432
Volatile
-
-
-
-
0.44
(B)
1.6
(B)
Benzidine
92875
Base/neutral compounds
-
-
-
-
0.00002
(B)
0.000023
(B)
Benzo(a) Anthracene
56553
Base/neutral compounds
-
-
-
-
0.014
(B)
0.021
(B)
Benzo(a) Pyrene
50328
Base/neutral compounds
-
-
-
-
0.0014
(B)
0.0021
(B)
Benzo(b) Fluoranthene
205992
Base/neutral compounds
-
-
-
-
0.014
(B)
0.021
(B)
Benzo(ghi) Perylene
191242
Base/neutral compounds
-
-
-
-
-
-
Benzo(k) Fluoranthene
207089
Base/neutral compounds
-
-
-
-
0.014
(B)
0.21
(B)
beta-BHC
319857
Pesticides/PCBs
-
-
-
-
0.0018
(B)
0.002
(B)
beta-Endosulfan
33213659
Pesticides/PCBs
-
-
-
-
9.7
10
Bis(2-Chloroethoxy)
Methane
111911
Base/neutral compounds
-
-
-
-
-
-
Bis(2-Chloroethyl) Ether
111444
Base/neutral compounds
-
-
-
-
0.02
(B)
0.06
(B)
Bis(2-Chloroisopropyl)
Ether
39638329
Base/neutral compounds
-
-
-
-
-
-
Bis(2-Ethylhexyl) Phthalate
117817
Base/neutral compounds
-
-
-
-
0.23
(B)
0.25
(B)
Bromoform
75252
Volatile
-
-
-
-
5.8
(B)
27
(B)
Butylbenzyl Phthalate
85687
Base/neutral compounds
-
-
-
-
0.56
(B)
0.58
(B)
Carbon Tetrachloride
56235
Volatile
-
-
-
-
0.2
(B)
0.35
(B)
Chlordane
57749
Pesticides/PCBs
2.4
(a)
0.0043
(b)
0.09
(a)
0.004
(b)
0.000093
(B)
0.000093
(B)
Chlorobenzene
108907
Volatile
-
-
-
-
380
890
Chlorodibromomethane
124481
Volatile
-
-
-
-
0.65
(B)
3
(B)
Chloroethane
75003
Volatile
-
-
-
-
-
-
Chloroform
67663
Volatile
-
-
-
-
260
1200
Chrysene
218019
Base/neutral compounds
-
-
-
-
1.4
(B)
2.1
(B)
Cyanide
57125
Metals, cyanide,
and total phenols
22.0
(c,ee)
5.2
(d,ee)
1.0
(c,mm,ee)
(d,mm,ee)
19
(D)
270
(D)
delta-BHC
319868
Pesticides/PCBs
-
-
-
-
-
-
Dibenzo(a,h) Anthracene
53703
Base/neutral compounds
-
-
-
-
0.0014
(B)
0.0021
(B)
Dichlorobromomethane
75274
Volatile
-
-
-
-
0.77
(B)
3.6
(B)
Dieldrin
60571
Pesticides/PCBs
2.5
(a,e)
0.0019
(b,e)
0.71
(a,e)
0.0019
(b,e)
0.0000061
(B)
0.0000061
(B)
Diethyl Phthalate
84662
Base/neutral compounds
-
-
-
-
4,200
5,000
Dimethyl Phthalate
131113
Base/neutral compounds
-
-
-
-
92,000
130,000
Di-n-Butyl Phthalate
84742
Base/neutral compounds
-
-
-
-
450
510
Di-n-Octyl Phthalate
117840
Base/neutral compounds
-
-
-
-
-
-
Endosulfan
 
Pesticides/PCBs
0.22
(a)
0.056
(b)
0.034
(a)
0.0087
(b)
-
-
Endosulfan Sulfate
1031078
Pesticides/PCBs
-
-
-
-
9.7
10
Endrin
72208
Pesticides/PCBs
0.18
(a)
0.0023
(b)
0.037
(a)
0.0023
(b)
0.034
0.035
Endrin Aldehyde
7421934
Pesticides/PCBs
-
-
-
-
0.034
0.035
Ethylbenzene
100414
Volatile
-
-
-
-
200
270
Fluoranthene
206440
Base/neutral compounds
-
-
-
-
16
16
Fluorene
86737
Base/neutral compounds
-
-
-
-
420
610
Hexachlorocyclohexane
(gamma-BHC; Lindane)
58899
Pesticides/PCBs
2.0
(a)
0.08
(b)
0.16
(a)
-
15
17
Heptachlor
76448
Pesticides/PCBs
0.52
(a)
0.0038
(b)
0.053
(a)
0.0036
(b)
0.0000099
(B)
0.00001
(B)
Heptachlor Epoxide
1024573
Pesticides/PCBs
-
-
-
-
0.0000074
(B)
0.0000074
(B)
Hexachlorobenzene
118741
Base/neutral compounds
-
-
-
-
0.000051
(B)
0.000052
(B)
Hexachlorobutadiene
87683
Base/neutral compounds
-
-
-
-
0.69
(B)
4.1
(B)
Hexachlorocyclopentadiene
77474
Base/neutral compounds
-
-
-
-
150
630
Hexachloroethane
67721
Base/neutral compounds
-
-
-
-
0.11
(B)
0.13
(B)
Indeno(1,2,3-cd) Pyrene
193395
Base/neutral compounds
-
-
-
-
0.014
(B)
0.021
(B)
Isophorone
78591
Base/neutral compounds
-
-
-
-
27
(B)
110
(B)
Methyl Bromide
74839
Volatile
-
-
-
-
520
2,400
Methyl Chloride
74873
Volatile
-
-
-
-
-
-
Methylene Chloride
75092
Volatile
-
-
-
-
16
(B)
250
(B)
Napthalene
91203
Base/neutral compounds
-
-
-
-
-
-
Nitrobenzene
98953
Base/neutral compounds
-
-
-
-
55
320
N-Nitrosodimethylamine
62759
Base/neutral compounds
-
-
-
-
0.00065
(B)
0.34
(B)
N-Nitrosodi-n-Propylamine
621647
Base/neutral compounds
-
-
-
-
0.0044
(B)
0.058
(B)
N-Nitrosodiphenylamine
86306
Base/neutral compounds
-
-
-
-
0.62
(B)
0.69
(B)
Pentachlorophenol (PCP)
87865
Acid compounds
(w,c)
(v,d)
13.0
(c)
7.9
(d)
0.046
(B)
0.1
(B)
Phenanthrene
85018
Base/neutral compounds
-
-
-
-
-
-
Phenol
108952
Acid compounds
-
-
-
-
18,000
200,000
Polychlorinated Biphenyls (PCBs)
 
Pesticides/PCBs
2.0
(b)
0.014
(b)
10.0
(b)
0.030
(b)
0.00017
(E)
0.00017
(E)
Pyrene
129000
Base/neutral compounds
-
-
-
-
310
460
Tetrachloroethylene
127184
Volatile
-
-
-
-
4.9
(B)
7.1
(B)
Toluene
108883
Volatile
-
-
-
-
180
410
Toxaphene
8001352
Pesticides/PCBs
0.73
(c,z)
0.0002
(d)
0.21
(c,z)
0.0002
(d)
0.000032
(B)
0.000032
(B)
Trichloroethylene
79016
Volatile
-
-
-
-
0.38
(B)
0.86
(B)
Vinyl Chloride
75014
Volatile
-
-
-
-
0.02
(B, F)
0.26
(B, F)
Ammonia (hh)
 
Nonconventional
(f,c)
(g,d)
0.233
(h,c)
0.035
(h,d)
-
-
Chloride (dissolved) (k)
 
Nonconventional
860.0
(h,c)
230.0
(h,d)
-
-
-
-
Chlorine (total residual)
 
Nonconventional
19.0
(c)
11.0
(d)
13.0
(c)
7.5
(d)
-
-
Chlorpyrifos
 
Toxic pollutants and
hazardous substances
0.083
(c)
0.041
(d)
0.011
(c)
0.0056
(d)
-
-
Parathion
 
Toxic pollutants and
hazardous substances
0.065
(c)
0.013
(d)
-
-
-
-
Footnotes for aquatic life criteria in Table 240:
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 in total ammonia nitrogen (mg N/L) given by:
For salmonids present:
0.275
+
39.0
 
1 + 107.204-pH
1 + 10pH-7.204
 
 
 
 
For salmonids absent:
0.411
+
58.4
 
1 + 107.204-pH
1 + 10pH-7.204
g.
Shall not exceed the numerical concentration calculated as follows:
 
Unionized ammonia concentration for waters where salmonid habitat is an existing or designated 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
 
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; 6.5 ≤ pH ≤ 8.0
Total ammonia concentrations for waters where salmonid habitat is not an existing or designated use and other fish early life stages are absent:
 
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 an existing or designated use and other fish early life stages are present:
 
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[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 - [(ln hardness)(0.041838)].
j.
≤ (0.909)(e(0.7852[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 - [(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[ ln(hardness)] + 3.688))
n.
≤ (0.860)(e(0.8190[ ln(hardness)] + 1.561))
o.
≤ (0.960)(e(0.9422[ ln(hardness)] - 1.464))
p.
≤ (0.960)(e(0.8545[ ln(hardness)] - 1.465))
q.
≤ (0.791)(e(1.273[ 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 - [(ln hardness)(0.145712)].
r.
≤ (0.791)(e(1.273[ 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 - [(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[ ln(hardness)] + 3.3612))
u.
≤ (0.997)(e(0.8460[ 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/ l in salt water.
y.
≤ (0.85)(e(1.72[ln(hardness)] - 6.52))
z.
Channel Catfish may be more acutely sensitive.
aa.
≤ (0.978)(e(0.8473[ln(hardness)] + 0.8604))
bb.
≤ (0.986)(e(0.8473[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. The adjusted site specific criteria are not in effect until they have been incorporated into this chapter and approved by EPA. 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 acid dissociable method in the 19th 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 un-ionized or total ammonia concentrations, while those for marine water are based on un-ionized 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 was 0.982.
jj.
The conversion factor used to calculate the dissolved metal concentration was 0.962.
kk.
The conversion factor used to calculate the dissolved metal concentration 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 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: 2.8µg/l chronic and 9.1µg/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 µg/L.
Footnotes for human health criteria in Table 240:
A.
This criterion for total arsenic is the maximum contaminant level (MCL) developed under the Safe Drinking Water Act. The MCL for total arsenic is applied to surface waters where consumption of organisms-only and where consumption of water + organisms reflect the designated uses. When the department determines that a direct or indirect industrial discharge to surface waters designated for domestic water supply may be adding arsenic to its wastewater, the department will require the discharger to develop and implement a pollution prevention plan to reduce arsenic through the use of AKART. Industrial wastewater discharges to a privately or publicly owned wastewater treatment facility are considered indirect discharges.
B.
This criterion was calculated based on an additional lifetime cancer risk of one-in-one-million (1 x 10-6 risk level).
C.
This criterion is based on a regulatory level developed under the Safe Drinking Water Act.
D.
This recommended water quality criterion is expressed as total cyanide, even though the integrated risk information system RfD used to derive the criterion is based on free cyanide. The multiple forms of cyanide that are present in ambient water have significant differences in toxicity due to their differing abilities to liberate the CN-moiety. Some complex cyanides require even more extreme conditions than refluxing with sulfuric acid to liberate the CN-moiety. Thus, these complex cyanides are expected to have little or no "bioavailability" to humans. If a substantial fraction of the cyanide present in a water body is present in a complexed form (e.g., Fe4[Fe(CN)6]3), this criterion may be overly conservative.
E.
This criterion applies to total PCBs, (e.g., the sum of all congener or all isomer or homolog or Aroclor analyses). The PCBs criteria were calculated using a chemical-specific risk level of 4 x 10-5. Because that calculation resulted in a higher (less protective) concentration than the current criterion concentration (40 C.F.R. 131.36) the state made a chemical-specific decision to stay at the current criterion concentration.
F.
This criterion was derived using the cancer slope factor of 1.4 (linearized multistage model with a twofold increase to 1.4 per mg/kg-day to account for continuous lifetime exposure from birth).
G.
The human health criteria for mercury are contained in 40 C.F.R. 131.36.
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 WSR 19-04-007, filed 1/23/19, effective 2/23/19)
WAC 173-201A-610Use designationsMarine waters.
All marine surface waters have been assigned specific uses for protection under Table 612.
Table 610 (Key to Table 612)
Abbreviation
General Description
Aquatic Life Uses:
(see WAC 173-201A-210(1))
Extraordinary Quality
Extraordinary quality. Water quality of this use class shall markedly and uniformly exceed the requirements for all uses including, but not limited to, salmonid ((and))migration and rearing; other fish migration, rearing, and spawning; clam, oyster, and mussel rearing and spawning; crustaceans and other shellfish (crabs, shrimp, crayfish, scallops, etc.) rearing and spawning.
Excellent Quality
Excellent quality. Water quality of this use class shall meet or exceed the requirements for all uses including, but not limited to, salmonid ((and))migration and rearing; other fish migration, rearing, and spawning; clam, oyster, and mussel rearing and spawning; crustaceans and other shellfish (crabs, shrimp, crayfish, scallops, etc.) rearing and spawning.
Good Quality
Good quality. Water quality of this use class shall meet or exceed the requirements for most uses including, but not limited to, salmonid migration and rearing; other fish migration, rearing, and spawning; clam, oyster, and mussel rearing and spawning; crustaceans and other shellfish (crabs, shrimp, crayfish, scallops, etc.) rearing and spawning.
Fair Quality
Fair quality. Water quality of this use class shall meet or exceed the requirements for selected and essential uses including, but not limited to, salmonid and other fish migration.
Shellfish Harvesting:
(see WAC 173-201A-210(2))
Shellfish Harvest
Shellfish (clam, oyster, and mussel) harvesting.
Recreational Uses:
(see WAC 173-201A-210(3))
Primary Contact
Primary contact recreation.
Miscellaneous Uses:
(see WAC 173-201A-210(4))
Wildlife Habitat
Wildlife habitat.
Harvesting
Salmonid and other fish harvesting, and crustacean and other shellfish (crabs, shrimp, scallops, etc.) harvesting.
Com./Navig.
Commerce and navigation.
Boating
Boating.
Aesthetics
Aesthetic values.