Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 584 - SURFACE WATER QUALITY CRITERIA FOR TOXIC POLLUTANTS › Section 096-584-5

Current through 2024-29, July 17, 2024
The following assumptions have been used to determine the
				  statewide criteria contained in Appendix A of this rule.
A.
Form of metals.
All metals
				criteria must be considered as total metal.
NOTE: Persons may request that the Department express
				  criteria for metals as the dissolved form by submitting the appropriate
				  information to allow recalculation of relative toxicity using conversion
				  factors and translator procedures published by EPA: "The Metals Translator:
				  Guidance for Calculating a Total Recoverable Permit Limit from a Dissolved
				  Criterion", EPA 823-B-96-007, USEPA, Office of Water, Washington, DC, June
				  1996.
B.
Ambient
				water physical characteristics.
Fresh water quality must be calculated
				using a pH of 7.0, a temperature of 25 degrees Celsius, and a hardness of 20
				mg/L. Marine water quality must be calculated using a pH of 8.0, a temperature
				of 20 degrees Celsius, and a salinity of 30 parts per thousand. Estuarine water
				quality must be calculated using a pH of 8.0, a temperature of 20 degrees
				Celsius and a salinity of 20 parts per thousand.
NOTE: These characteristics, however, may vary depending on
				  the location of the discharge. The relative criteria for a pollutant subject to
				  these considerations may be recalculated in any given licensing proceeding
				  using the actual local ambient physical water characteristics. See Chapter
				  530.
C.
Human health
				assumptions.
In accordance with Human Health Ambient Water Quality
				Criteria: 2015 Update. EPA 820-F-15-001 (see Table I Footnote qq for a list of
				pollutants that were not included in this update due to ongoing research),
				human health criteria are determined assuming consumption of 2.4 Liters of
				water by a person weighing 80 kg, and a fish consumption rate of 32.4 grams per
				day. Notwithstanding the above, when calculating human health criteria for
				inorganic arsenic (which is governed by
				38 M.R.S.
				§420(2)(J) ), the
				Department shall utilize a state-wide fish consumption rate of 138 grams per
				day. It is also noted that inorganic arsenic was not included in the 2015 EPA
				Human Health Ambient Water Quality Criteria document and therefore its criteria
				is calculated using 2 Liters of water and 70 kg for drinking water intake and
				body weight, respectively.
In waters subject to a designated use of sustenance fishing,
				  human health criteria will be determined assuming consumption of 2.4 Liters of
				  water by a person weighing 80 kg, and a fish consumption rate of 200 grams per
				  day, except for those parameters that did not change with EPA's criteria
				  recommendations referenced in EPA 820-F-15-001 for which the human health
				  criteria will be determined assuming consumption of 2 Liters of water by a
				  person weighing 70 kg, a fish consumption rate of 200 grams per day, and a
				  cancer risk level of one in 1,000,000 (except for the cancer risk level for
				  inorganic arsenic, which is governed by
				  38 M.R.S.
				  §420(2)(J) ). Waters
				  subject to a designated use of sustenance fishing are specified under
				  38
				  M.R.S. §465-A(1)(D),
				  38 M.R.S.
				  §467(7)(A)(B)(D) 38
				  M.R.S. §467(13),
				  38 M.R.S.
				  §467(15)(C),
				  38 M.R.S.
				  §467(15)(A)(E)(F) 38
				  M.R.S. §468(8),
				  38 M.R.S.
				  §469(7).