## AMENDATORY SECTION (Amending WSR 11-09-090, filed 4/20/11, effective

5/21/11)

WAC 173-201A-020 Definitions. The following definitions are in

tended to facilitate the use of chapter 173-201A WAC:
"1-DMax" or "1-day maximum temperature" is the highest water tem

perature reached on any given day. This measure can be obtained using calibrated maximum/minimum thermometers or continuous monitoring probes having sampling intervals of thirty minutes or less.
"7-DADMax" or "7-day average of the daily maximum temperatures" is the arithmetic average of seven consecutive measures of daily maxi

mum 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. "Action value" means a total phosphorus (TP) value established at the upper limit of the trophic states in each ecoregion (see Table 230 (1)) . Exceedance of an action value indicates that a problem is suspected. A lake-specific study may be needed to confirm if a nu

trient problem exists. "Actions" refers broadly to any human projects or activities. "Acute conditions" are changes in the physical, chemical, or bio

logic environment which are expected or demonstrated to result in in

jury 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 pre

venting, controlling, or abating the pollutants associated with a dis

charge. The concept of AKART applies to both point and nonpoint sour

ces of pollution. The term "best management practices," typically ap

plied to nonpoint source pollution controls is considered a subset of the AKART requirement. "Background" means the biological, chemical, and physical condi

tions 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 enforce

ment action is being taken for possible violations to the standards, background sampling would be undertaken immediately up-gradient from each discharge. "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 condi

tion 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, out

flow. "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 Environ

mental Protection Agency lists of A (known human) and B (probable hu

man) carcinogens, and any substance which causes a significant in

­

[ 1 ] OTS-6831.2

## creased incidence of benign or malignant tumors in a single, well con

ducted animal bioassay, consistent with the weight of evidence ap

proach specified in the United States Environmental Protection Agen

cy's Guidelines for Carcinogenic Risk Assessment as set forth in 51 FR 33992 et seq. as presently published or as subsequently amended or re

published. "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 ex

posure over an extended period of time to a substance or detrimental environmental condition. "Compliance schedule" or "schedule of compliance" is a schedule of remedial measures included in a permit or an order, including an enforceable sequence of interim requirements (for example, actions, operations, or milestone events) leading to compliance with an efflu

ent limit, other prohibition, or standard. "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 biologi

cal characteristics of the receiving water environment interact with the effluent to produce the greatest potential adverse impact on aquatic biota and existing or designated 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 con

sider the potential build up of discharge constituents or temporal in

creases in habitat alteration which may create such stress in the long

term. "Department" means the state of Washington department of ecology. "Designated uses" are those uses specified in this chapter for each water body or segment, regardless of whether or not the uses are currently attained. "Director" means the director of the state of Washington depart

ment of ecology. "Drainage ditch" means that portion of a designed and constructed conveyance system that serves the purpose of transporting surplus wa

ter; 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 fecal streptococci that in

cludes S. faecalis, S. faecium, S. gallinarum, and S. avium . The en

terococci are differentiated from other streptococci by their ability to grow in 6.5% sodium chloride, at pH 9.6, and at 10°C and 45°C.

" E. coli " or " Escherichia coli " is an aerobic and facultative gram negative nonspore forming rod shaped bacterium that can grow at 44.5 degrees Celsius that is 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

[ 2 ] OTS-6831.2

## designated uses. Introduced species that are not native to Washington,

and put-and-take fisheries comprised of nonself-replicating introduced native species, do not need to receive full support as an existing

use. "Extraordinary primary contact" means waters providing extraordi

nary protection against waterborne disease or that serve as tributa

ries to extraordinary quality shellfish harvesting areas. "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 de

grees Celsius. "Geometric mean" means either the nth root of a product of n fac

tors, 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 sur

face water for base flow maintenance. Exchange may include ground wa

ter 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 (CaCO 3 

## ).
"Intake credit" is a procedure for establishing effluent limits in waste discharge permits issued pursuant to the National Pollutant Discharge Elimination System that take into account the amount of a pollutant that is present in public waters, at the time water is re

moved from the body of water by the discharger or other facility sup

plying the discharger with intake water. "Irrigation ditch" means that portion of a designed and construc

ted conveyance system that serves the purpose of transporting irriga

tion water from its supply source to its place of use; this may in

clude natural water courses or channels incorporated in the system de

sign, but does not include the area adjacent to the water course or channel. "Lakes" shall be distinguished from riverine systems as being wa

ter bodies, including reservoirs, with a mean detention time of great

er 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 recom

mend a criterion for total phosphorus (TP) , total nitrogen (TN) in μg/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 res

ervoir'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 or

ganism or community of organisms from one locality to another locali

ty. "Mixing zone" means that portion of a water body adjacent to an effluent outfall where mixing results in the dilution of the effluent

[ 3 ] OTS-6831.2

## with the receiving water. Water quality criteria may be exceeded in a

mixing zone as conditioned and provided for in WAC 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 water

shed 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 (1) .) "New or expanded actions" mean human actions that occur or are regulated for the first time, or human actions expanded such that they result in an increase in pollution, after July 1, 2003, for the pur

pose of applying this chapter only. "Nonpoint source" means pollution that enters any waters of the state from any dispersed land-based or water-based activities includ

ing, 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 chapter 90.48 RCW specifying the waste treatment and control requirements and waste dis

charge conditions. "pH" means the negative logarithm of the hydrogen ion concentra

tion. "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, det

rimental, 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" means activities where a person would have direct contact with water to the point of complete submer

gence including, but not limited to, skin diving, swimming, and water skiing. "Secondary contact recreation" means activities where a person's water contact would be limited (e.g., wading or fishing) to the extent that bacterial infections of eyes, ears, respiratory or digestive sys

tems, or urogenital areas would normally be avoided. "Shoreline stabilization" means the anchoring of soil at the wa

ter's edge, or in shallow water, by fibrous plant root complexes; this may include long-term accretion of sediment or peat, along with shore

line progradation in such areas.

"Storm water" means that portion of precipitation that does not naturally percolate into the ground or evaporate, but flows via over

land 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 water body. "Surface waters of the state" includes lakes, rivers, ponds, streams, inland waters, saltwaters, wetlands and all other surface wa

­

[ 4 ] OTS-6831.2

## ters and water courses within the jurisdiction of the state of Wash

ington. "Temperature" means water temperature expressed in degrees Cel

sius (°C). "Treatment wetlands" means those wetlands intentionally construc

ted on nonwetland sites and managed for the primary purpose of waste

water 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 biological

ly available nutrients in water and sediments and may be based on to

tal 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 mesotro

phic, 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 wa

ter. 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 influ

ence of tidal currents, winds, and geomorphic features.
"USEPA" means the United States Environmental Protection Agency. "Variance" is a temporary modification to the designated use and associated water quality criteria based on the factors specified in 40 C.F.R. 131.10 (g) , and must be adopted by rule. "Wetlands" means areas that are inundated or saturated by surface water or ground water at a frequency and duration sufficient to sup

port, 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 cre

ated from nonwetland sites ((

, )) including, but not limited to, irriga

tion and drainage ditches, grass-lined swales, canals, detention fa

cilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were un

intentionally created as a result of the construction of a road, street, or highway. Wetlands may include those artificial wetlands in

tentionally created from nonwetland areas to mitigate the conversion of wetlands. (Water bodies 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 di

rectly or indirectly provide food support to, fish, other aquatic life, and wildlife for any life history stage or activity.

[ 5 ] OTS-6831.2

## AMENDATORY SECTION (Amending WSR 11-09-090, filed 4/20/11, effective

5/21/11)

WAC 173-201A-240 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 ap

propriate, 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 pro

pensities not listed in Table 240 of this section shall be determined in consideration of USEPA Quality Criteria for Water, 1986, and as re

vised, and other relevant information as appropriate. (5) 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 )) . Values are μg/L for all substances ex

cept ammonia and chloride which are mg/L, and asbestos which is mil

lion fibers/L. (a) Aquatic life protection . The department may revise the fol

lowing criteria in Table 240 for aquatic life on a statewide or water body-specific basis as needed to protect aquatic life occurring in wa

ters of the state and to increase the technical accuracy of the crite

ria being applied. The department shall formally adopt any appropriate revised criteria as part of this chapter in accordance with the provi

sions 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 μg/L for all substances except Ammonia and Chloride which are mg/L: )) (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 con

sumption rate of 175 g/day. 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 concentra

tions, unless otherwise noted. Dischargers have the obligation to re

duce toxics in discharges through the use of AKART.

Table 240 (( (3) )) Toxics Substances Criteria

(( Substance Freshwater Marine Water

Acute Chronic Acute Chronic

Aldrin/Dieldrin e 2.5a 0.0019b 0.71a 0.0019b
Ammonia (un-ionized NH3) hh f,c g,d 0.233h,c 0.035h,d



## [ 6 ] OTS-6831.2

### (( Substance Freshwater Marine Water

Acute Chronic Acute Chronic

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

- 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) : ))

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 14 (A) 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

(B) 10

(B)

Asbestos 1332214 Toxic pollutants and hazardous substances 7,000,000 fibers/L (D)

Beryllium 7440417 Metals, cyanide, and total phenols

Cadmium 7440439 Metals, cyanide, and total phenols (I,c,dd) (I,c,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

(D)



## [ 7 ] OTS-6831.2Compound/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

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) (H) (H)

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) 160 190

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) 140 480

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

1,1,2,2-Tetrachloroethane 79345 Volatile 0.17 (A, C) 4.6

(C)

1,1,2-Trichloroethane 79005 Volatile 0.60 (A, C) 18

(C)

1,1-Dichloroethane 75343 Volatile
1,1-Dichloroethylene 75354 Volatile 0.057 (A) 3.2

(A)

1,2,4-Trichlorobenzene 120821 Base/neutral compounds 36 40

1,2-Dichlorobenzene 95501 Volatile 610 740

1,2-Dichloroethane 107062 Volatile 0.38 (A, C) 42

(C)
1,2-Dichloropropane 78875 Volatile 4.4 (C) 17

(C)
1,3-Dichloropropene 542756 Volatile 10 (A) 72

1,2-Diphenylhydrazine 122667 Base/neutral compounds 0.040 (A, C) 0.23

(C)
1,2-Trans-Dichloroethylene 156605 Volatile 700 5,800

1,3-Dichlorobenzene 541731 Volatile 91 110

1,4-Dichlorobenzene 106467 Volatile 91 110

2,3,7,8-TCDD (Dioxin) 1746016 Dioxin 0.000000013 (A) 0.000000014

(A)
2,4,6-Trichlorophenol 88062 Acid compounds 2.1 (A, C) 2.8

(C)
2,4-Dichlorophenol 120832 Acid compounds 26 34
2,4-Dimethylphenol 105679 Acid compounds 87 97
2,4-Dinitrophenol 51285 Acid compounds 70 (A) 610

2,4-Dinitrotoluene 121142 Base/neutral compounds 0.11 (A, C) 3.9

(C)

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 16 17
2-Methyl-4,6-Dinitrophenol (4,6-dinitro-o-cresol) 534521 Acid compounds 11 32

2-Nitrophenol 88755 Acid compounds

3,3'-Dichlorobenzidine 91941 Base/neutral compounds 0.031 (C) 0.033

(C)



## [ 8 ] OTS-6831.2Compound/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
3-Methyl-4-Chlorophenol (parachlorometa cresol) 59507 Acid compounds

4,4'-DDD 72548 Pesticides/PCBs 0.00036 (C) 0.00036

(C)

4,4'-DDE 72559 Pesticides/PCBs 0.00025 (C) 0.00025

(C)

4,4'-DDT 50293 Pesticides/PCBs 0.00025 (C) 0.00025

(C)
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 0.059 (A, C) 0.28

(C)

Aldrin 309002 Pesticides/PCBs 2.5 (a,e) 0.0019

(b,e) 0.71

(a,e) 0.0019

(b,e) 0.000057

(C) 0.000058

(C)
alpha-BHC 319846 Pesticides/PCBs 0.0039 (A, C) 0.0056

(C)
alpha-Endosulfan 959988 Pesticides/PCBs 0.93 (A) 2.0

(A)

Anthracene 120127 Base/neutral compounds 3,300 4,600

Benzene 71432 Volatile 1.2 (A, C) 59

(C)

Benzidine 92875 Base/neutral compounds 0.00012 (A, C) 0.00023

(C)

Benzo (a) Anthracene 56553 Base/neutral compounds 0.0028 (A, C) 0.021

(C)

Benzo (a) Pyrene 50328 Base/neutral compounds 0.0028 (A, C) 0.021

(C)

Benzo (b) Fluoranthene 205992 Base/neutral compounds 0.0028 (A, C) 0.021

(C)

Benzo (ghi) Perylene 191242 Base/neutral compounds

Benzo (k) Fluoranthene 207089 Base/neutral compounds 0.0028 (A, C) 0.021

(C)

beta-BHC 319857 Pesticides/PCBs 0.014 (A, C) 0.020

(C)

beta-Endosulfan 33213659 Pesticides/PCBs 0.93 (A) 2.0

(A)
Bis(2-Chloroethoxy) Methane 111911 Base/neutral compounds
Bis(2-Chloroethyl) Ether 111444 Base/neutral compounds 0.031 (A, C) 0.60

(C)
Bis(2-Chloroisopropyl) Ether 108601 Base/neutral compounds 1,300 7,400

Bis(2-Ethylhexyl) Phthalate 117817 Base/neutral compounds 1.8 (A, C) 2.5

(C)

Bromoform 75252 Volatile 4.3 (A, C) 150

(C)
Butylbenzyl Phthalate 85687 Base/neutral compounds 210 220

Carbon Tetrachloride 56235 Volatile 0.25 (A, C) 1.9

(C)



## [ 9 ] OTS-6831.2Compound/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

Chlordane 57749 Pesticides/PCBs 2.4 (a) 0.0043

(b) 0.09

(a) 0.004

(b) 0.00057

(A, C) 0.00059

(A, C)

Chlorobenzene 108907 Volatile 420 890

Chlorodibromomethane 124481 Volatile 0.41 (A, C) 15

(C)

Chloroethane 75003 Volatile

Chloroform 67663 Volatile 5.7 (A) 470

(A)
Chrysene 218019 Base/neutral compounds 0.0028 (A, C) 0.021

(C)
Cyanide 57125 Metals, cyanide, and total phenols 22.0

(c,ee) 5.2

(d,ee) 1.0

(c,mm,ee) (d,mm,ee) 700 (A, E) 9,100

(E)

delta-BHC 319868 Pesticides/PCBs
Dibenzo(a,h) Anthracene 53703 Base/neutral compounds 0.0028 (A, C) 0.021

(C)

Dichlorobromomethane 75274 Volatile 0.27 (A, C) 20

(C)

Dieldrin 60571 Pesticides/PCBs 2.5 (a,e) 0.0019

(b,e) 0.71

(a,e) 0.0019

(b,e) 0.000061

(C) 0.000061

(C)
Diethyl Phthalate 84662 Base/neutral compounds 4,300 5,000

Dimethyl Phthalate 131113 Base/neutral compounds 96,000 130,000

Di-n-Butyl Phthalate 84742 Base/neutral compounds 460 510

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 0.93 (A) 2.0

(A)

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 930 1,200

Fluoranthene 206440 Base/neutral compounds 16 16

Fluorene 86737 Base/neutral compounds 440 610

Hexachlorocyclohexane (gamma-BHC; Lindane) 58899 Pesticides/PCBs 2.0 (a) 0.08

(b) 0.16

(a) 0.019 (A) 0.063

(A)
Heptachlor 76448 Pesticides/PCBs 0.52 (a) 0.0038

(b) 0.053

(a) 0.0036

(b) 0.000091

(C) 0.000091

(C)
Heptachlor Epoxide 1024573 Pesticides/PCBs 0.000045 (C) 0.000045

(C)

Hexachlorobenzene 118741 Base/neutral compounds 0.00033 (C) 0.00033

(C)

Hexachlorobutadiene 87683 Base/neutral compounds 0.44 (A, C) 21

(C)
Hexachlorocyclopentadiene 77474 Base/neutral compounds 170 630

Hexachloroethane 67721 Base/neutral compounds 1.9 (A, C) 3.8

(C)
Indeno(1,2,3-cd) Pyrene 193395 Base/neutral compounds 0.0028 (A, C) 0.021

(C)
Isophorone 78591 Base/neutral compounds 8.4 (A, C) 600

(A, C)
Methyl Bromide 74839 Volatile 42 170
Methyl Chloride 74873 Volatile
Methylene Chloride 75092 Volatile 4.7 (A, C) 680

(C)



## [ 10 ] OTS-6831.2Compound/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
Napthalene 91203 Base/neutral compounds

Nitrobenzene 98953 Base/neutral compounds 16 79

N-Nitrosodimethylamine 62759 Base/neutral compounds 0.00069 (A, C) 3.4

(C)
N-Nitrosodi-n-Propylamine 621647 Base/neutral compounds 0.052 (C) 0.58

(C)
N-Nitrosodiphenylamine 86306 Base/neutral compounds 5.0 (A, C) 6.9

(C)
Pentachlorophenol (PCP) 87865 Acid compounds (w,c) (v,d) 13.0 (c) 7.9

(d) 0.28

(A, C) 3.5

(C)

Phenanthrene 85018 Base/neutral compounds

Phenol 108952 Acid compounds 11,000 98,000
Polychlorinated Biphenyls (PCBs) Pesticides/PCBs 2.0 (b) 0.014

(b) 10.0

(b) 0.030

(b) 0.00017

(A, F) 0.00017

(A, F)
Pyrene 129000 Base/neutral compounds 330 460

Tetrachloroethylene 127184 Volatile 0.8 (A, C) 3.8

(C)

Toluene 108883 Volatile 4,100 8,500
Toxaphene 8001352 Pesticides/PCBs 0.73 (c,z) 0.0002

(d) 0.21

(c,z) 0.0002

(d) 0.00032

(C) 0.00032

(C)
Trichloroethylene 79016 Volatile 2.7 (A, C) 34

(C)
Vinyl Chloride 75014 Volatile 0.26 (C, G) 2.8

(C, G)

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 + 10 7.204-

pH 1 + 10 pH -7.204

For salmonids absent: 0.411

+ 58.4

1 + 10 7.204-

pH 1 + 10 pH -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



## [ 11 ] OTS-6831.2FT = 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 ex

ceeded more than once every three years on average. The highest four-day average within the thir

ty-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 10 0.028 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. 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 unionized 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.



## [ 12 ] OTS-6831.2ii. 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. 

## (( (4) USEPA Quality Criteria for Water, 1986, as revised, shall be used in the use and interpretation of the values listed in subsec

tion (3) of this section. (5) Concentrations of toxic, and other substances with toxic pro

pensities not listed in subsection (3) of this section shall be deter

mined 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 C.F.R. 131.36 (known as the National Toxics Rule). (6) Risk-based criteria for carcinogenic substances shall be se

lected such that the upper-bound excess cancer risk is less than or equal to one in one million. ))

Footnotes for human health criteria in Table 240: A. The value for this chemical was originally calculated based on cancer or noncancer risk, but because that calculation resulted in a higher concentration than that found in 40 C.F.R. 131.36, the criterion defaulted to the concentration found in 40 C.F.R. 131.36. B. 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. C. This criterion was calculated based on an additional lifetime cancer risk of one in one hundred thousand (1 x 10 -5 risk level). For some chemicals the criterion value defaulted from the risk-based concentration to the 40 C.F.R. 131.36 concentration, as indicated in footnote A. In these cases the additional lifetime cancer risk associated with the criterion is less than one in one hundred thousand. D. This criterion is based on a regulatory level developed under the Safe Drinking Water Act. E. 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. F. 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 4 x 10 -5 risk level, but because that calculation resulted in a higher concentration than that found in 40 C.F.R. 131.36, the criterion concentration defaulted to the concentration found in 40 C.F.R. 131.36, as indicated in footnote A. G. 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). H. The human health criteria for mercury are contained in 40 C.F.R. 131.36.



## AMENDATORY SECTION (Amending WSR 11-09-090, filed 4/20/11, effective 5/21/11)

WAC 173-201A-420 Variance. (( (1) The criteria established in WAC 173-201A-200 through 173-201A-260 and 173-201A-600 through 173-201A-612 may be modified for individual facilities, or stretches

[ 13 ] OTS-6831.2

## of waters, through the use of a variance. Variances may be approved by

the department when: (a) The modification is consistent with the requirements of fed

eral law (currently 40 C.F.R. 131.10 (g) and 131.10 (h)) ; (b) The water body is assigned variances for specific criteria and all other applicable criteria must be met; and (c) Reasonable progress is being made toward meeting the original criteria. (2) The decision to approve a variance is subject to a public and intergovernmental involvement process. (3) 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. (4) Variances are not in effect until they have been incorporated into this chapter and approved by the USEPA. )) (1) General provisions. The criteria established in WAC 173-201A-200 through 173-201A-260 and 173-201A-600 through 173-201A-612 may be modified for individual fa

cilities, a group of facilities, or stretches of waters, through the use of a variance. The following conditions apply when considering is

suance of a variance: (a) A variance may be considered when the standards are expected to be attained by the end of the variance period or the attainable use cannot be reliably determined. (b) The variance applies to specific parameters and all other ap

plicable standards remain in effect for the water body. (c) The modification must be consistent with the requirements of federal regulations (currently 40 C.F.R. 131.10). (d) Reasonable progress must be made toward meeting the original standards during the variance period. (e) A variance renewal may be considered if the renewal request meets the above conditions. (2) Types of variances. Upon request or on its own initiative, the department will consider granting the following types of variances to existing water quality standards: (a) An individual variance is a designated use and parameter-spe

cific change to the standard (s) of the receiving water body for a spe

cific discharger. The temporary standard (s) only apply at the point (s) of compliance for the individual facility. (b) A multidischarger variance is a designated use and parameterspecific change to the standard (s) of any water body that receives discharges from a permitted facility defined within the scope of the multidischarger variance. Any permitted discharger that is defined within the scope of the variance may be covered under the variance that is granted by the department, provided all requirements of the variance for that discharger are met. (c) A water body variance is a designated use and parameter-spe

cific change to the standard (s) for a stretch of waters. Any discharg

er of the specific parameter that is defined within the geographic scope of the water body variance may be covered under the variance that is granted by the department, provided all requirements of the variance for that discharger are met. (3) Requirements. Any entity initiating a variance request or ap

plying for coverage for an individual, multidischarger, or water body variance must submit the following information to the department: (a) The pollutant (s) and designated use (s) proposed to be modi

fied by the variance, and the proposed duration of the variance.

[ 14 ] OTS-6831.2

## (b) A demonstration that attaining the water quality standard for

a specific pollutant is not feasible for the requested duration of the variance based on one or more of the conditions found in 40 C.F.R. 131.10. (c) An evaluation of treatment or alternative actions that were considered to meet effluent limits based on the original water quality criteria, and a description of why these options are not technically, economically, or otherwise feasible. (d) Sufficient water quality data and analyses to characterize receiving and discharge water pollutant concentrations. (e) A description and schedule of actions that the discharger (s) proposes to ensure the original water quality standard (s) are met or the highest attainable use is attained within the variance period. Dischargers are also required to submit a schedule for development and implementation of a pollutant minimization plan for the subject pollu

tant (s)

. (f) If the variance is for a water body or stretch of water, the following information must also be provided to the department: (i) The results from a pollutant source assessment that quanti

fies the contribution of pollution from permitted sources and nonper

mitted sources; (ii) All cost-effective and reasonable best management practices for permitted sources that address the pollutant the variance is based upon; and (iii) Best management practices for nonpermitted sources that meet the requirements of chapter 90.48 RCW. (g) Any additional information the department deems necessary to evaluate the application. (4) Public review and notification. The decision to grant a var

iance is a formal rule making subject to a public and intergovernmen

tal involvement process. (a) The department will provide notice of the proposed variance and consult with Indian tribes or other states that have jurisdiction over adjacent and downstream waters of the proposed variance. (b) The department shall maintain and make publicly available a list of dischargers that are covered under the variances that are in effect. (5) Period during which the variance is in effect. A variance is a temporary modification to the designated use and associated water quality criteria. (a) Each variance will be granted for the minimum time estimated to meet the original standard (s) or, if during the period of the var

iance it is determined that a designated use cannot be attained, then a use attainability analysis (WAC 173-201A-440) will be initiated. (b) The ability to apply a variance in permits or other actions may be terminated by the department as a result of a mandatory interim review. (c) Variances are in effect after they have been incorporated in

to this chapter and approved by the USEPA. (6) Contents of a variance. At a minimum a variance adopted into rule will include the following: (a) The time period for which the variance is applicable. (b) The geographic area or specific waters in which the variance is applicable. (c) A description of the permitted and unpermitted dischargers covered by the variance.

[ 15 ] OTS-6831.2

## (d) Identification of required actions and a schedule, including

any measurable milestones, for all pollution sources (permitted and unpermitted) subject to the variance. Dischargers are required to use adaptive management to fine tune and update actions, schedules, and milestones in order to achieve the goals of the variance. (e) A provision allowing the department to reopen and modify any permits and to revise BMP requirements for unpermitted dischargers as a result of the mandatory interim review of the variance (see subsec

tion (8) of this section). (7) Variance permit conditions. The department must establish and incorporate into NPDES permits all conditions necessary to implement and enforce an approved variance, including: (a) Effluent limits that represent currently achieved or achieva

ble effluent conditions, or effluent limits that are sufficient to meet the original water quality standard upon expiration of the var

iance; (b) Monitoring and reporting requirements; and (c) A provision allowing the department to reopen and modify the permits based on the mandatory interim review of the variance. (8) Mandatory interim review. The department will conduct an in

terim review of each variance at least once every five years after the variance is adopted and approved to determine that conditions of the variance are being met and to evaluate whether the variance is still

necessary. (a) Review process for individual discharger and multidischarger variances: (i) The review shall be coordinated with the public review proc

ess of the permit renewal if the variance is being implemented in a permit. (ii) The review will be focused on the discharger's compliance with permit conditions that are required by the variance as well as an evaluation of whether the variance is still necessary. (b) Review process for water body variances: (i) Variances for stretches of waters will be reviewed in a pub

lic process conducted by the department every five years after initial adoption of the variance into rule. (ii) The review will evaluate whether the variance is still nec

essary, any new information on sources of the pollutant that indicates that reductions could be made that would allow water quality standards to be met in a shorter time frame, as well as any new information that indicates water quality improvements may require more time. (c) A variance that applies to a permit will be shortened or ter

minated if the review determines that: (i) The conditions and requirements of the variance and associ

ated permit requirements have not been complied with unless reasons outside the control of the discharger prevented meeting any condition or requirement; or (ii) Water quality standards could be met in a shorter time frame, based on new information submitted to the department.

NEW SECTION

WAC 173-201A-460 Intake credits. (1) General provisions. The following provisions apply to the consideration of intake credits in

[ 16 ] OTS-6831.2

## determining reasonable potential and establishing water quality based

effluent limits (WQBELs) for waste discharge permits issued pursuant to the National Pollutant Discharge Elimination System. (a) An "intake pollutant" is the amount of a pollutant that is present in public waters (including groundwater as provided in (d) of this subsection) at the time water is removed from the same body of water by the discharger or other facility supplying the discharger with intake water. (b) An intake pollutant must be from the "same body of water" as the discharge in order to be eligible for an intake credit. An intake pollutant is considered to be from the "same body of water" as the discharge if the department finds that the intake pollutant would have reached the vicinity of the outfall point in the receiving water with

in a reasonable period had it not been removed by the permittee. This finding will be established if: (i) The background concentration of the pollutant in the receiv

ing water (excluding any amount of the pollutant in the facility's discharge) is similar to that in the intake water; and (ii) There is a direct hydrological connection between the intake and discharge points. (c) The department may also consider other site-specific factors relevant to the transport and fate of the pollutant to make the find

ing in a particular case that a pollutant would or would not have reached the vicinity of the outfall point in the receiving water with

in a reasonable period had it not been removed by the permittee. (d) An intake pollutant from groundwater may be considered to be from the "same body of water" if the department determines that the pollutant would have reached the vicinity of the outfall point in the receiving water within a reasonable period had it not been removed by the permittee. (2) Consideration of intake pollutants. (a) The department may determine if there is reasonable potential for the discharge of an identified intake pollutant to cause or con

tribute to an exceedance of a narrative or numeric water quality cri

terion. If a reasonable potential exists, then water quality-based ef

fluent limits may be established where a discharger demonstrates that the following conditions are met: (i) The facility removes the intake water containing the pollu

tant from the same body of water into which the discharge is made; (ii) The ambient background concentration of the pollutant does not meet the most stringent applicable water quality criterion for that pollutant; (iii) The facility does not alter the identified intake pollutant chemically or physically in a manner that would cause adverse water quality impacts to occur that would not occur if the pollutants had not been removed from the body of water; (iv) The timing and location of the discharge would not cause ad

verse water quality impacts to occur that would not occur if the iden

tified intake pollutant had not been removed from the body of water; (v) For the purpose of determining reasonable potential, the fa

cility does not contribute any additional mass of the identified in

take pollutant to its wastewater; and (vi) For the purpose of determining water quality-based effluent limits; the facility does not increase the identified intake pollutant concentration at the point of discharge as compared to the pollutant concentration in the intake water. A discharger may add mass of the pollutant to its waste stream if an equal or greater mass is removed

[ 17 ] OTS-6831.2

## prior to discharge, so there is no net addition of the pollutant in

the discharge compared to the intake water. (b) Upon a finding under (a) of this subsection that an intake pollutant in the discharge does not cause, has the reasonable poten

tial to cause, or contribute to an exceedance of an applicable water quality standard, the department is not required to include a water quality-based effluent limit for the identified intake pollutant in the facility's permit. (c) Where intake water for a facility is provided by a municipal water supply system and the supplier provides treatment of the raw wa

ter that removes an intake water pollutant, the concentration of the intake water pollutant will be determined at the point where the water enters the water supplier's distribution system. (d) Where a facility discharges intake pollutants from multiple sources that originate from the receiving water body and from other water bodies, the department may derive an effluent limit reflecting the flow-weighted amount of each source of the pollutant provided that conditions in (a) through (c) of this subsection are met and adequate monitoring to determine compliance can be established and is included in the permit.

AMENDATORY SECTION (Amending WSR 03-14-129, filed 7/1/03, effective 8/1/03)

WAC 173-201A-510 Means of implementation. (1) Permitting. The primary means to be used for controlling municipal, commercial, and industrial waste discharges shall be through the issuance of waste 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 Na

tional 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 that causes or con

tributes to a violation of 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 must be modified by the department when it is deter

mined that the discharge causes or contributes to a violation of 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 sour

ces. 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 sub

section (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 pri

mary 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.

[ 18 ] OTS-6831.2

## (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 fur

ther water pollution control measures, selected or approved by the de

partment, to achieve compliance with water quality criteria. Best man

agement 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 vio

lation of water quality criteria. When applicable best management practices are not being implemented, the department may conclude indi

vidual 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 con

ducted 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 ((

, )) and orders (( , and directives of )) issued by the department for existing discharges may include a schedule for achiev

ing compliance with effluent limits and water quality (( criteria con

tained in this chapter )) standards that apply to: (i) Aquatic life uses; and (ii) Uses other than aquatic life

. (( Such )) (b) S chedules of compliance shall be developed to ensure final compliance with all water quality-based effluent limits and the water quality standards in the shortest practicable time. (( Decisions regarding )) The department will decide whether to issue schedules of compliance (( will be made )) on a case-by-case basis (( by the depart

ment )) . Schedules of compliance may not be issued for new discharges. Examples of s chedules of compliance that may be issued (( to allow for )) include : (i) Construction of necessary treatment capability; (ii) I mplementation of necessary best management practices; (iii) I mplementation of additional storm water best management practices for discharges determined not to meet water quality (( crite

ria )) standards following implementation of an initial set of best management practices; and (iv) C ompletion of necessary water quality studies (( ; or (v) res

olution of a pending water quality standards' issue through rule-mak

ing action )) related to implementation of permit requirements to meet effluent limits

. (( (b) )) (c) For the period of time during which compliance with water quality (( criteria )) standards is deferred, interim effluent (( limitations )) limits shall be formally established, based on the best professional judgment of the department. Interim effluent (( limi

tations )) limits may be numeric or nonnumeric (e.g., construction of

[ 19 ] OTS-6831.2

## necessary facilities by a specified date as contained in an (( ecolo

gy )) order or permit) , or both

. (( (c) )) (d) Prior to establishing a schedule of compliance, the department shall require the discharger to evaluate the possibility of achieving water quality (( criteria )) standards via nonconstruction changes (e.g., facility operation, pollution prevention). Schedules of compliance (( may in no case exceed ten years, and )) shall meet re

quirements in WAC 173-220-140 and shall require compliance with the specified requirements as soon as practicable. Compliance schedules shall generally not exceed the term of any permit unless the depart

ment determines that a longer time period is needed to come into com

pliance with the applicable water quality standards. (e) When an approved total maximum daily load, or TMDL, has es

tablished waste load allocations for permitted dischargers, a longer period of time for a compliance schedule may be authorized if the de

partment has determined that: (i) The permittee is not able to meet its waste load allocation in the TMDL solely by controlling and treating its own effluent; (ii) The permittee has made significant progress to reduce pollu

tant loading during the term of the permit; (iii) The permittee is meeting all of its requirements under the TMDL as soon as possible; and (iv) Actions specified in the compliance schedule are sufficient to achieve water quality standards as soon as possible

. (5) Compliance schedules for dams: (a) All dams in the state of Washington must comply with the pro

visions of this chapter. (b) For dams that cause or contribute to a violation of the water quality standards, the dam owner must develop a water quality attain

ment 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 im

provement; (iii) Any department-approved gas abatement plan as described in WAC 173-201A-200 (1)(f)(ii) ; (iv) Analytical methods that will be used to evaluate all reason

able and feasible improvements; (v) Water quality monitoring, which will be used by the depart

ment to track the progress in achieving compliance with the state wa

ter 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, anal

ysis). (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 reasona

ble assurance that the dam will not cause or contribute to a violation of the water quality standards.

[ 20 ] OTS-6831.2

## (e) When evaluating compliance with the plan, the department will

allow the use of models and engineering estimates to approximate de

sign 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 any 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 fol

lowing steps: (i) Evaluate any new reasonable and feasible technologies that have been developed (such as new operational or structural modifica

tions) 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 im

provements have been identified, then propose an alternative to ach

ieve compliance with the standards, such as site specific criteria (WAC 173-201A-430), a use attainability analysis (WAC 173-201A-440), or a water quality offset (WAC 173-201A-450). (h) New dams, and any modifications to existing facilities that do not comply with a gas abatement or other pollution control plan es

tablished to meet criteria for the water body, 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) , may result in system performance limitations in meeting water quality criteria for that parameter at other times of the year.

[ 21 ] OTS-6831.2