reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 2 - WATER QUALITY STANDARDS › Rule 1 - Water Quality Standards Applicable to All State Waters Except Waters of the State Within the Great Lakes System › Section 1-13 - Development of site-specific aquatic life criteria using the recalculation procedure

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-14-9; IC 13-18
Affected: IC 13-18-4
Sec. 13.
(a) The
				definitions in section 9 of this rule and
				327 IAC 2-1.5-2 and
				the following apply throughout this section:
(1) "Critical species" means a species:
(A) that is commercially or recreationally
				important at the site;
(B) that
				occurs at the site and is listed as threatened or endangered under Section 4 of
				the Endangered Species Act; or
(C)
				for which there is evidence that the loss of the species from the site is
				likely to cause an unacceptable impact on:
(i) a commercially or recreationally
				important species;
(ii) a
				threatened or endangered species;
(iii) the abundance of a variety of other
				species; or
(iv) the structure or
				function of the aquatic community.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 2 - WATER QUALITY STANDARDS › Rule 1.1 - Waters Designated as Limited Use Under the CSO Wet Weather Limited Use Subcategory Designation › Section 1.1-1 - Water quality-based requirements for the CSO wet weather limited use subcategory designation

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-14-9; IC 13-18-3
Affected: IC 13-18-4
Sec. 1.
The water quality-based requirements that apply to the
				  combined sewer overflow (CSO) wet weather limited use subcategory designations
				  in this rule are set forth in
				  327 IAC
				  2-1-3.1(h).
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 2 - WATER QUALITY STANDARDS › Rule 1.1 - Waters Designated as Limited Use Under the CSO Wet Weather Limited Use Subcategory Designation › Section 1.1-2 - CWA Authority, Inc., CSO wet weather limited use; designated waters

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-14-9; IC 13-18-3
Affected: IC 13-18-4
Sec. 2.
(a) The
				following waters of the state are designated for limited use in CWA Authority,
				Inc.'s approved long term control plan (LTCP) for the city of Indianapolis
				pursuant to the CSO wet weather limited use subcategory established under
				327 IAC
				2-1-3(c):
(1) White River from 56th Street on the
				Indianapolis north side to Freedom (River Mile 146).
(2) Fall Creek from Keystone Avenue to the
				White River.
(3) Little Eagle Creek
				from Michigan Street to the confluence with Big Eagle Creek.
(4) Big Eagle Creek from the confluence with
				Little Eagle Creek to the White River.
(5) Pogues Run from 21st Street to the White
				River.
(6) Pleasant Run from Kitley
				Avenue to the White River.
(7) Bean
				Creek from Interstate 65 to Pleasant Run.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 2 - WATER QUALITY STANDARDS › Rule 1.1 - Waters Designated as Limited Use Under the CSO Wet Weather Limited Use Subcategory Designation › Section 1.1-3 - City of Fort Wayne, CSO wet weather limited use; designated waters

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-14-9; IC 13-18-3
Affected: IC 13-18-4
Sec. 3.
(a) The
				following waters of the state are designated for limited use in the city of
				Fort Wayne's approved LTCP and approved use attainability analysis (UAA)
				pursuant to the CSO wet weather limited use subcategory established under
				327 IAC
				2-1-3(c)  and
				327 IAC
				2-1.5-5(c):
(1) St. Marys River (from its junction with
				Natural Drain #4 near Tillman Road to the confluence with the St. Joseph
				River).
(2) Natural Drain #4 (from
				CSO Outfall 054, near the intersection of Hollis Lane and Mercer Avenue, to its
				junction with the St. Marys River).
(3) St. Joseph River (from CSO Outfall 052,
				located immediately south of Coliseum Boulevard near N. Anthony Boulevard, to
				the confluence with the St. Marys River).
(4) Spy Run Creek (from CSO Outfall 036,
				located north of W. State Street along Eastbrook/Westbrook Drive, to its
				junction with the St. Marys River south of 4th Street).
(5) Baldwin Ditch (from CSO Outfalls 061 and
				062, near the intersection of E. State Street and Barnhart Avenue, to its
				junction with the Maumee River near CSO Ponds 1 and 2).
(6) Harvester Drain (from CSO Outfall 064,
				near New Haven Avenue and South Coliseum Boulevard, to its junction with the
				Maumee River).
(7) Maumee River
				(from its origin, at the confluence of the St. Marys River and St. Joseph River
				in the city, to the boundary between the states of Indiana and Ohio).
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 2 - WATER QUALITY STANDARDS › Rule 1.3 - Antidegradation Standards and Implementation Procedures › Section 1.3-1 - Applicability of antidegradation standards and implementation procedures

Current through July 10, 2024
Authority: IC 13-13-5-1; IC 13-13-5-2; IC 13-18
Affected: IC 13-18-3; IC 13-18-4
Sec. 1.
(a) The
				antidegradation standards established by section 3 of this rule apply to all
				surface waters of the state.
(b)
				The antidegradation implementation procedures established in sections 4 through
				7 of this rule apply to a proposed new or increased loading of a regulated
				pollutant to surface waters of the state from a deliberate activity subject to
				the Clean Water Act, including a change in process or operation that will
				result in a significant lowering of water quality.
(c) The antidegradation implementation
				procedures for activities covered by an NPDES general permit authorized by the
				department apply according to the following:
(1) The department shall complete an
				antidegradation review of the NPDES general permits.
(2) After an antidegradation review of an
				NPDES general permit is conducted, activities covered by that NPDES general
				permit are not required to undergo an additional antidegradation
				review.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 2 - WATER QUALITY STANDARDS › Rule 1.3 - Antidegradation Standards and Implementation Procedures › Section 1.3-2 - Definitions

Current through July 10, 2024
Authority: IC 13-13-5-1; IC 13-13-5-2; IC 13-18-3
Affected: IC 13-11-2; IC 13-13-8; IC 13-18-3-2; IC
				  14-8-2-310; IC 14-22-34; IC 36-2-3.5; IC 36-3-1
Sec. 2.
The following definitions apply throughout 327 IAC 2-1, this
				  rule, and 327 IAC 2-1.5:
(1) "Approved
				alternate mixing zone volume for Lake Michigan" means the volume associated
				with an alternate mixing zone for Lake Michigan established according to
				327
				IAC 5-2-11.4(b)(6)  and
				327
				IAC 5-2-11.4(b)(7).
(2) "Available loading capacity" is expressed
				as a regulated pollutant mass loading rate, per twenty-four (24) hour period,
				for the waterbody in that area where the water quality is proposed to be
				lowered, and means the difference between the total loading capacity and the
				used loading capacity.
(3) "Best
				available demonstrated control technology" or "BADCT" means wastewater
				treatment capable of meeting the technology-based effluent limit (TBEL) under
				327 IAC
				5-5-2 that represents the best cost-effective
				treatment technology that is readily available.
(4) "Best management practices" or "BMPs"
				means the following measures to prevent or reduce the pollution of surface
				waters of the state:
(A) Schedules of
				activities.
(B) Prohibitions of
				practice.
(C) Treatment
				requirements.
(D) Operation and
				maintenance procedures.
(E) Use of
				containment facilities.
(F) Other
				management practices.
BMPs may be employed to control events such as plant site
				  runoff, spillage or leaks, sludge or waste disposal, or drainage from raw
				  materials storage resulting from manufacturing, commercial, mining, or
				  silvicultural activities.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 2 - WATER QUALITY STANDARDS › Rule 1.3 - Antidegradation Standards and Implementation Procedures › Section 1.3-3 - Antidegradation standards

Current through July 10, 2024
Authority: IC 13-13-5-1; IC 13-13-5-2; IC 13-18
Affected: IC 13-18-3-2; IC 13-18-4
Sec. 3.
(a) The Tier
				1 antidegradation standard is as follows:
(1)
				For all surface waters of the state, existing uses and the level of water
				quality necessary to protect existing uses shall be maintained and protected.
				To ensure this standard is met, the commissioner shall do the following:
(A) Ensure that the level of water quality
				necessary to protect existing uses is maintained. In order to achieve this
				requirement, water quality standards use designations must include all existing
				uses.
(B) Establish controls as
				necessary on nonpoint sources, where authority exists, and point sources of
				regulated pollutants to ensure the following:
(i) The criteria applicable to the designated
				use are achieved in the water.
(ii)
				Any designated use of a downstream water is maintained and protected.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 2 - WATER QUALITY STANDARDS › Rule 1.3 - Antidegradation Standards and Implementation Procedures › Section 1.3-4 - Exemptions from the antidegradation demonstration requirements and the water quality improvement project or payment to the OSRW improvement fund requirements

Current through July 10, 2024
Authority: IC 13-13-5-1; IC 13-13-5-2; IC 13-18
Affected: IC 13-11-2-24; IC 13-18-7; IC 13-23-13; IC 13-24-1;
				  IC 13-25-5
Sec. 4.
(a) For an
				ONRW or OSRW inside the Great Lakes basin, an exemption from the
				antidegradation demonstration requirements included in section 5 of this rule
				and the water quality improvement project or payment to the OSRW improvement
				fund requirements included in section 7 of this rule shall be allowed for new
				or increased loadings of mercury and non-BCCs if the following conditions are
				met:
(1) All reasonable methods for
				minimizing or preventing the new or increased loading have been
				taken.
(2) The discharge will last
				less than twelve (12) months or three hundred sixty-five (365) days.
(3) A person applies for and receives
				authorization from the commissioner.
(4) The discharge will result only in a
				short-term, temporary (not to exceed twelve (12) months) lowering of water
				quality.
(5) The discharge complies
				with the antidegradation standards contained in section 3 of this
				rule.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 2 - WATER QUALITY STANDARDS › Rule 1.3 - Antidegradation Standards and Implementation Procedures › Section 1.3-5 - Antidegradation demonstration

Current through July 10, 2024
Authority: IC 13-13-5-1; IC 13-13-5-2; IC 13-18
Affected: IC 13-23-13; IC 13-24-1; IC 13-25-5
Sec. 5.
(a) Any
				person requesting a new or increased loading that would cause a lowering of
				water quality that is not exempt under section 4 of this rule shall submit the
				information described in this section to the commissioner to support the
				commissioner's determination that the proposed new or increased loading is
				necessary and accommodates important social or economic development in the area
				of the loading. The following basic information must be submitted:
(1) The regulated pollutants proposed to be
				in the new or increased loading.
(2) The estimated concentration and mass of
				all regulated pollutants proposed to be in the new or increased
				loading.
(3) The location of the
				proposed discharge and a map of the area of the proposed discharge that shows
				the receiving water or waters that would be affected by the new or increased
				loading, including the area downstream of the proposed discharge.
(4) The physical, biological, and chemical
				conditions of the receiving water or waters as determined by:
(A) available information; or
(B) additional information, including, if
				requested by the department, the results of water quality analysis such as:
(i) chemical analysis;
(ii) biological analysis; or
(iii) both items (i) and (ii).
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 2 - WATER QUALITY STANDARDS › Rule 1.3 - Antidegradation Standards and Implementation Procedures › Section 1.3-6 - Commissioner's determination

Current through July 10, 2024
Authority: IC 13-13-5-1; IC 13-13-5-2; IC 13-18
Affected: IC 13-18-3-14; IC 13-23-13; IC 13-24-1; IC
				  13-25-5
Sec. 6.
(a) In
				determining whether a proposed loading is necessary and accommodates important
				social or economic development in the area in which the waters are located
				under antidegradation standards and implementation procedures, the
				commissioner:
(1) must give substantial
				weight to any applicable determinations by governmental entities; and
(2) may rely on consideration of any one (1)
				or a combination of the factors listed in section 5(g)(5) of this
				rule.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 2 - WATER QUALITY STANDARDS › Rule 1.3 - Antidegradation Standards and Implementation Procedures › Section 1.3-7 - Water quality improvement project or payment to the OSRW improvement fund

Current through July 10, 2024
Authority: IC 13-13-5-1; IC 13-13-5-2; IC 13-18
Affected: IC 13-18-3-14; IC 13-23-13; IC 13-24-1; IC
				  13-25-5
Sec. 7.
(a) A
				discharger proposing to cause a significant lowering of water quality in an
				OSRW shall:
(1) implement a water quality
				improvement project in the watershed of the affected OSRW; or
(2) fund a water quality improvement project
				in the watershed of the affected OSRW by payment of a fee into the OSRW
				improvement fund established under IC 13-18-3-14;
for each activity undertaken that will result in a
				  significant lowering of water quality in an OSRW.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 2 - WATER QUALITY STANDARDS › Rule 1.5 - Water Quality Standards Applicable to All State Waters Within the Great Lakes System › Section 1.5-1 - Applicability of rule

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-14-9; IC 13-18-3
Affected: IC 13-18-4
Sec. 1.
The water quality standards established by this rule shall
				  apply to all waters of the state within the Great Lakes system.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 2 - WATER QUALITY STANDARDS › Rule 1.5 - Water Quality Standards Applicable to All State Waters Within the Great Lakes System › Section 1.5-2 - Definitions

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-14-9; IC 13-18-3
Affected: IC 13-11-2; IC 13-18-3-2; IC 13-18-4
Sec. 2.
In addition to the definitions contained in IC 13-11-2 and
				  327 IAC 2-1.3-2, the
				  following definitions apply throughout this article, 327 IAC 5, and 327 IAC
				  15:
(1) "Acceptable endpoints"
				(subchronic and chronic), for the purpose of wildlife criteria derivation,
				means those endpoints that affect reproductive or developmental success,
				organismal viability or growth, or any other endpoint that is, or is directly
				related to, a parameter that influences population dynamics.
(2) "Acute-chronic ratio" or "ACR" means a
				standard measure of the acute toxicity of a material divided by an appropriate
				measure of the chronic toxicity of the same material under comparable
				conditions.
(3) "Acute toxicity"
				means concurrent and delayed adverse effects that result from an acute exposure
				and occur within any short observation period, which begins when the exposure
				begins, may extend beyond the exposure period, and usually does not constitute
				a substantial portion of the life span of the organism.
(4) "Acute toxic unit" or
				"TUa" means 100/LC50 where the
				LC50 is expressed as a percent effluent in the test
				medium of an acute whole effluent toxicity (WET) test that is statistically or
				graphically estimated to be lethal to fifty percent (50%) of the test
				organisms.
(5) "Adverse effect"
				means any deleterious effect to organisms due to exposure to a substance. The
				term includes effects that are or may become debilitating, harmful, or toxic to
				the normal functions of the organism, but does not include nonharmful effects,
				such as tissue discoloration alone or the induction of enzymes involved in the
				metabolism of the substance.
(6)
				"Alternate mixing zone" means a mixing zone granted by the commissioner under
				327
				IAC 5-2-11.4(b)(4)  for a particular
				pollutant and a particular criterion or value that is larger than that
				specified in
				327
				IAC 5-2-11.4(b)(2)  or
				327
				IAC 5-2-11.4(b)(3).
(7) "Baseline BAF" means the following:
(A) For organic chemicals, a BAF that is
				based on the concentration of freely dissolved chemical in the ambient water
				and takes into account the partitioning of the chemical within the
				organism.
(B) For inorganic
				chemicals, a BAF that is based on the wet weight of the tissue.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 2 - WATER QUALITY STANDARDS › Rule 1.5 - Water Quality Standards Applicable to All State Waters Within the Great Lakes System › Section 1.5-3 - Water quality goals

Current through July 10, 2024
Authority: IC 13-12-3-1; IC 13-14-8; IC 13-14-9; IC
				  13-18-3
Affected: IC 13-18-4; IC 13-30-2-1
Sec. 3.
The goal of the state is to restore and maintain the
				  chemical, physical, and biological integrity of the waters of the state within
				  the Great Lakes system. In furtherance of this primary goal, it is the public
				  policy of the state that the discharge of:
(1) toxic substances in toxic amounts be
				prohibited; and
(2) persistent and
				bioaccumulating toxic substances be reduced or eliminated.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 2 - WATER QUALITY STANDARDS › Rule 1.5 - Water Quality Standards Applicable to All State Waters Within the Great Lakes System › Section 1.5-5 - Surface water use designations; multiple uses

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-14-9; IC 13-18-3
Affected: IC 13-18-4; IC 13-30-2-1
Sec. 5.
(a) The
				following water uses are designated by the board:
(1) Except as provided in subsection (c),
				surface waters of the state within the Great Lakes system are designated for
				full-body contact recreation.
(2)
				All surface waters, except as described in subdivision (7), shall be capable of
				supporting a well-balanced, warm water aquatic community.
(3) Where natural temperatures will permit,
				surface waters shall be capable of supporting put-and-take trout fishing. All
				waters capable of supporting the natural reproduction of trout shall be so
				maintained. The following waters are designated as salmonid waters and shall be
				capable of supporting a salmonid fishery:
(A)
				Trail Creek and its tributaries downstream to Lake Michigan.
(B) East Branch of the Little Calumet River
				and its tributaries downstream to Lake Michigan via Burns Ditch.
(C) Salt Creek above its confluence with the
				Little Calumet River.
(D) Kintzele
				Ditch (Black Ditch) from Beverly Drive downstream to Lake Michigan.
(E) The Galena River and its tributaries in
				LaPorte County.
(F) The St. Joseph
				River and its tributaries in St. Joseph County from the Twin Branch Dam in
				Mishawaka downstream to the Indiana/Michigan state line.
(G) The Indiana portion of the open waters of
				Lake Michigan.
(H) Those waters
				designated by the Indiana department of natural resources for put-and-take
				trout fishing.
(4) All
				surface waters used for public water supply are designated as a public water
				supply. This use designation and its corresponding water quality criteria are
				not to be construed as imposing a user restriction on those exercising or
				desiring to exercise the use.
(5)
				All surface waters used for industrial water supply are designated as an
				industrial water supply. This use designation and its corresponding water
				quality criteria are not to be construed as imposing a user restriction on
				those exercising or desiring to exercise the use.
(6) All surface waters used for agricultural
				purposes are designated as an agricultural use water.
(7) Limited use waters are designated under
				section 19(a) of this rule pursuant to section 18 of this rule. All waters that
				are designated as a limited use water under section 19(a) of this rule must be
				evaluated for restoration and upgrading at each triennial review of this
				rule.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 2 - WATER QUALITY STANDARDS › Rule 1.5 - Water Quality Standards Applicable to All State Waters Within the Great Lakes System › Section 1.5-6 - Bioaccumulative chemicals of concern

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-14-9; IC 13-18-3
Affected: IC 13-18-4; IC 13-30-2-1
Sec. 6.
(a) A
				bioaccumulative chemical of concern (BCC) is any chemical that meets the
				following requirements:
(1) Has the potential
				to cause adverse effects.
(2) Has a
				half-life of at least eight (8) weeks in the water column, sediment, and
				biota.
(3) Upon entering the
				surface waters, by itself or as its toxic transformation product, accumulates
				in aquatic organisms by a human health bioaccumulation factor (BAF) greater
				than one thousand (1,000) after considering metabolism and other
				physicochemical properties that might enhance or inhibit bioaccumulation, in
				accordance with the procedure in section 13 of this rule. The minimum BAF
				information needed to define a chemical as a BCC is either of the following:
(A) For an organic chemical, either a
				field-measured BAF or a BAF derived using the BSAF methodology.
(B) For an inorganic chemical, including an
				organometal, either a field-measured BAF or a laboratory-measured
				BCF.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 2 - WATER QUALITY STANDARDS › Rule 1.5 - Water Quality Standards Applicable to All State Waters Within the Great Lakes System › Section 1.5-7 - Mixing zone guidelines

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-14-9; IC 13-18-3
Affected: IC 13-18-4
Sec. 7.
(a) All
				surface water quality criteria in this rule, except as provided in section
				8(b)(1) of this rule, are to be applied at a point outside of the mixing zone
				as determined under
				327
				IAC 5-2-11.4 to allow for a reasonable admixture of
				waste effluents with the receiving waters.
(b) The commissioner may deny any mixing zone
				for a discharge or for certain substances in a discharge in accordance with
				327
				IAC 5-2-11.4(b)(5)  and
				327
				IAC 5-2-11.4(b)(6).
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 2 - WATER QUALITY STANDARDS › Rule 1.5 - Water Quality Standards Applicable to All State Waters Within the Great Lakes System › Section 1.5-10 - Methods of analysis

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-14-9; IC 13-18-3
Affected: IC 13-18-4
Sec. 10.
The analytical procedures used as methods of analysis to
				  determine the chemical, bacteriological, biological, and radiological quality
				  of waters sampled must be completed in accordance with
				  40 CFR
				  136 * or methods approved by the
				  commissioner.
*This document is incorporated by reference. Copies may be
				  obtained from the Government Publishing Office,
www.gpo.gov
, or are available for review at the
				  Indiana Department of Environmental Management, Office of Legal Counsel,
				  Indiana Government Center North, 100 North Senate Avenue, Thirteenth Floor,
				  Indianapolis, Indiana 46204.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 2 - WATER QUALITY STANDARDS › Rule 1.5 - Water Quality Standards Applicable to All State Waters Within the Great Lakes System › Section 1.5-12 - Determination of Tier II aquatic life values

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-14-9; IC 13-18-3
Affected: IC 13-18-4
Sec. 12.
(a) If all
				eight (8) minimum data requirements for calculating an FAV using Tier I under
				section 11 of this rule are not met, a secondary acute value (SAV) for the
				waters of the Great Lakes system shall be calculated for a chemical as follows:
(1) To calculate a SAV, the lowest GMAV in
				the database is divided by the secondary acute factor (SAF) (Table 12-1 in this
				section) corresponding to the number of satisfied minimum data requirements
				listed in the Tier I methodology (section 11(d)(2)(A) of this rule).
				(Requirements for definitions, data collection, and data review, contained in
				section 11(b), 11(c), and 11(e) of this rule, shall be applied to calculation
				of a SAV.) If all eight (8) minimum data requirements are satisfied, a Tier I
				criterion calculation may be possible. In order to calculate a SAV, the
				database must contain, at a minimum, a genus mean acute value (GMAV) for one
				(1) of the following three (3) genera in the family Daphnidae:
(A) Ceriodaphnia sp.
(B) Daphnia sp.
(C) Simocephalus sp.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 2 - WATER QUALITY STANDARDS › Rule 1.5 - Water Quality Standards Applicable to All State Waters Within the Great Lakes System › Section 1.5-13 - Determination of bioaccumulation factors (BAFs)

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-14-9; IC 13-18-3
Affected: IC 13-18-4
Sec. 13.
(a) This
				section describes procedures for deriving BAFs to be used in the calculation of
				human health Tier I criteria and Tier II values, and criteria documents issued
				after January 1, 1980, and wildlife Tier I criteria. A subset of the human
				health BAFs is also used to identify the chemicals that are considered BCCs.
				BAFs are derived as follows:
(1)
				Bioaccumulation reflects uptake of a substance by aquatic organisms exposed to
				the substance through all routes, such as ambient water and food, as would
				occur in nature. Bioconcentration reflects uptake of a substance by aquatic
				organisms exposed to the substance only through the ambient water. Both BAFs
				and BCFs are proportionality constants that describe the relationship between
				the concentration of a substance in aquatic organisms and its concentration in
				the ambient water. In this section, BAFs, rather than BCFs, are used to
				calculate Tier I criteria for human health and wildlife, and Tier II values for
				human health, because they better account for the total exposure of aquatic
				organisms to chemicals.
(2) For
				organic chemicals, the lipid content of the aquatic organisms is used to
				account for partitioning of organic chemicals within organisms, so that data
				from different tissues and species can be integrated. The baseline BAF is based
				on the concentration of freely dissolved organic chemicals in the ambient water
				to facilitate extrapolation from one (1) water to another. Baseline BAFs must
				be derived using one (1) of the following four (4) methods:
(A) Measured baseline BAFs are derived from
				field-measured BAFs.
(B) Predicted
				baseline BAFs are derived using BSAFs.
(C) Predicted baseline BAFs are derived by
				multiplying a laboratory-measured BCF by a FCM.
(D) Predicted baseline BAFs are derived by
				multiplying a predicted BCF by a FCM.
(3) For inorganic chemicals, BAFs are assumed
				to equal BCFs (that is, the FCM is one (1.0)), unless chemical-specific
				biomagnification data support using a FCM other than one (1.0). The baseline
				BAFs are derived using either of the following two (2) methods:
(A) Field-measured BAFs.
(B) By multiplying laboratory-measured BCFs
				by a FCM.
(4) Because
				both humans and wildlife consume fish from both trophic levels three (3) and
				four (4), two (2) baseline BAFs are needed to calculate either a human health
				criterion or value, or a wildlife criterion, for a chemical. When appropriate,
				ingestion through consumption of invertebrates, plants, mammals, and birds in
				the diet of wildlife species to be protected may be taken into
				account.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 2 - WATER QUALITY STANDARDS › Rule 1.5 - Water Quality Standards Applicable to All State Waters Within the Great Lakes System › Section 1.5-14 - Determination of human health criteria and values

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-14-9; IC 13-18-3
Affected: IC 13-18-4
Sec. 14.
(a) This
				subsection establishes a procedure required when developing Tier I criteria and
				Tier II values for the protection of human health as follows:
(1) The goal of the human health criteria for
				the Great Lakes system is the protection of humans from unacceptable exposure
				to toxicants via consumption of contaminated fish and drinking water, and from
				ingesting water as a result of participation in water-oriented recreational
				activities.
(2) The criteria
				developed must provide a level of protection likely to be without appreciable
				risk of carcinogenic or noncarcinogenic effects. Criteria are a function of the
				level of designated risk or no adverse effect estimation, selection of data,
				and exposure assumptions. Ambient criteria for single carcinogens must not be
				set at a level representing a lifetime upper-bound incremental risk greater
				than one (1) in one hundred thousand (100,000) of developing cancer using the
				hazard assessment techniques and exposure assumptions described in this
				subsection. Criteria affording protection from noncarcinogenic effects must be
				established at levels that, taking into account uncertainties, are considered
				likely to be without an appreciable risk of adverse human health effects (such
				as acute, subchronic, and chronic toxicity, including reproductive and
				developmental effects) during a lifetime of exposure, using the risk assessment
				techniques and exposure assumptions described in this subsection.
(3) Chemical concentration levels in surface
				water protective of human health must be derived based on either a Tier I or
				Tier II classification. The two (2) Tiers are primarily distinguished by the
				amount of toxicity data available for deriving the concentration levels, and
				the quantity and quality of data on bioaccumulation.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 2 - WATER QUALITY STANDARDS › Rule 1.5 - Water Quality Standards Applicable to All State Waters Within the Great Lakes System › Section 1.5-15 - Determination of wildlife criteria

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-14-9; IC 13-18-3
Affected: IC 13-18-4
Sec. 15.
(a) This
				section establishes a procedure that is required when developing Tier I
				wildlife criteria for BCCs as follows:
(1)
				This method may be used for the development of Tier I criteria or Tier II
				values for pollutants other than BCCs for which the commissioner determines:
(A) Tier I criteria or Tier II values are
				necessary for the protection of wildlife in the Great Lakes basin;
				and
(B) that this method is
				applicable to the pollutant.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 2 - WATER QUALITY STANDARDS › Rule 1.5 - Water Quality Standards Applicable to All State Waters Within the Great Lakes System › Section 1.5-17 - Variances from water quality standards for point sources

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-14-9; IC 13-15-1-2; IC
				  13-15-2-1; IC 13-18-3
Affected: IC 4-22-2; IC 13-11-2-24; IC 13-13-5; IC 13-18-4;
				  IC 13-18-7; IC 13-23-13; IC 13-24-1; IC 13-25-5; IC 13-30-2-1
Sec. 17.
(a) A permit
				applicant or permittee may apply to the commissioner for a variance from the
				water quality standard used to derive a water quality-based effluent limitation
				(WQBEL) contained in a NPDES permit for a specific substance. The application
				for the variance must be submitted in accordance with
				327 IAC 5-3-4.1. A variance to a
				water quality standard shall not be granted:
(1) that would likely jeopardize the
				continued existence of any endangered or threatened species listed under
				Section 4 of the Endangered Species Act (ESA) or result in the destruction or
				adverse modification of the species' critical habitat;
(2) if standards will be attained by
				implementing effluent limits required under Sections 301(b) and 306 of the
				Clean Water Act (CWA) and by the permittee implementing cost-effective and
				reasonable best management practices for nonpoint source control at the
				facility; or
(3) to recommencing
				dischargers or new Great Lakes dischargers, unless the new Great Lakes
				discharge occurs as the result of:
(A) a
				response action pursuant to the Comprehensive Environmental Response,
				Compensation, and Liability Act (CERCLA), as amended, as defined in IC
				13-11-2-24;
(B) a corrective action
				pursuant to the Resource Conservation and Recovery Act (RCRA), as amended, as
				defined in IC 13-13-5; or
(C) an
				action pursuant to similar federal or state authorities, including, but not
				limited to:
(i) an underground storage tank
				(UST) corrective action under IC 13-23-13;
(ii) a remediation of petroleum releases
				under IC 13-24-1;
(iii) a voluntary
				remediation under IC 13-25-5; or
(iv) an abatement or correction of any
				polluted condition under IC 13-18-7.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 2 - WATER QUALITY STANDARDS › Rule 1.5 - Water Quality Standards Applicable to All State Waters Within the Great Lakes System › Section 1.5-18 - Designation of a waterbody as a limited use water or an outstanding state resource water

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-14-9; IC 13-18-3
Affected: IC 13-18-3-2; IC 13-18-4
Sec. 18.
(a) Except
				as provided in subsection (f), a person who wishes to propose that a waterbody
				within the Great Lakes system be considered by the commissioner for designation
				as a limited use water shall submit to the commissioner a written proposal:
(1) identifying the waterbody and stating the
				rationale for the proposal; and
(2)
				including any other supporting documentation.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 2 - WATER QUALITY STANDARDS › Rule 1.5 - Water Quality Standards Applicable to All State Waters Within the Great Lakes System › Section 1.5-19 - Limited use waters and outstanding state resource waters

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-14-9; IC 13-18-3
Affected: IC 13-18-4
Sec. 19.
(a) The
				following waters within the Great Lakes system are designated for limited use:
(1) Berlin Court Ditch in Elkhart County from
				the Nappanee sewage treatment plant to two (2) miles downstream.
(2) An unnamed tributary and Werntz Ditch in
				Elkhart County from the Wakarusa STP to the confluence of Werntz Ditch and
				Baugo Creek.
(3) Hilkey Ditch in
				DeKalb County from the County Line Cheese Company outfall to North County Line
				Road one and one-half (1.5) miles downstream.
(4) Hindman Ditch in DeKalb County from the
				Ralph Sechler Company outfall downstream to its confluence with Bear
				Creek.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 2 - WATER QUALITY STANDARDS › Rule 2 - Cyanides and Cyanogen Compounds; Drainage into Sewer Systems or Watercourses Prohibited; Exception › Section 2-1 - Cyanides or cyanogen compounds; drainage prohibition

Current through July 10, 2024
Authority: IC
				  13-14-8; IC
				  13-18-3
Affected: IC
				  13-18-4; IC
				  13-30-2-1
Sec. 1.
Any person, firm, or corporation engaged in manufacture or
				  other process in which cyanides or cyanogen compounds are used shall have each
				  and every room, where said compounds are used or stored, so constructed that
				  none of said compounds can escape therefrom by means of building sewer, drain
				  or otherwise directly or indirectly into any sewer system or water-course.
				  However, on application to and prior approval by the commissioner, limited
				  amounts, which it is determined would not be detrimental to public health or
				  which would not pollute any lake, river, stream, drainage or roadside ditch or
				  other water-course, shall not come under the provision of the paragraph above.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 2 - WATER QUALITY STANDARDS › Rule 3 - Coal Mines; Restrictions on Acid Drainage and Refuse Deposits into State Waters › Section 3-1 - Coal mines; acid mine drainage prohibitions

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-14-9; IC 13-18-3; IC
				  13-18-18
Affected: IC 13-18-4
Sec. 1.
(a) Every
				person, firm, corporation or other legal entity who owns an active or abandoned
				coal mine or who is engaged in the storage, transportation, use, mining or
				processing of coal in the state of Indiana, shall dispose of refuse, including
				gob and coal fines, from processing coal, so as to create minimal acid mine
				drainage and deposits of coal fines in waters of this state.
(b) Gob must not be used in the construction
				of public or private roadways in the state of Indiana, which will cause acid
				mine drainage to the waters of this state under the jurisdiction of the board.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 2 - WATER QUALITY STANDARDS › Rule 4 - Waste Treatment Control Facilities; Discharge into State Waters; Monthly Reports › Section 4-1 - Monthly reports to board

Current through July 10, 2024
Authority: IC 13-14; IC
				  13-18-3
Affected: IC
				  13-11-2-255;
				  IC 13-18-12
Sec. 1.
Every person, firm or corporation that operates a municipal,
				  industrial, commercial or agricultural waste treatment plant control facility
				  or discharges wastewaters to the waters of the state of Indiana shall submit to
				  the commissioner monthly reports of operation, which shall include flow
				  measurements and wastewater characteristics.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 2 - WATER QUALITY STANDARDS › Rule 4 - Waste Treatment Control Facilities; Discharge into State Waters; Monthly Reports › Section 4-2 - Wastewater defined

Current through July 10, 2024
Authority: IC 13-14-8; IC 13-18-3
Affected: IC 13-11-2-255; IC 13-11-2-258; IC 13-18-12
Sec. 2.
For the purpose of this rule ( 327 IAC 2-4 ), wastewater is
				  defined as the liquid and water-carried wastes from industrial, municipal,
				  commercial or confined animal feeding operation.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 2 - WATER QUALITY STANDARDS › Rule 4 - Waste Treatment Control Facilities; Discharge into State Waters; Monthly Reports › Section 4-3 - Sampling frequency; methods of analysis

Current through July 10, 2024
Authority: IC
				  13-14-8; IC
				  13-14-9; IC
				  13-18-3
Affected: IC
				  13-18-4
Sec. 3.
Sampling, measurements of flow, and characteristics of the
				  effluent must be performed at a frequency prescribed by the commissioner. All
				  analytical work must be in accordance with 40 CFR 136 * or other methods
				  approved by the commissioner.
*This document is incorporated by reference. Copies may be
				  obtained from the Government Publishing Office,
www.gpo.gov
, or are available for review at the
				  Indiana Department of Environmental Management, Office of Legal Counsel,
				  Indiana Government Center North, 100 North Senate Avenue, Thirteenth Floor,
				  Indianapolis, Indiana 46204.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 2 - WATER QUALITY STANDARDS › Rule 4 - Waste Treatment Control Facilities; Discharge into State Waters; Monthly Reports › Section 4-4 - Preparation of reports by operator; time for submission

Current through July 10, 2024
Authority: IC
				  13-14-8; IC
				  13-18-3
Affected: IC
				  13-11-2-258;
				  IC 13-18-11
Sec. 4.
All reports shall be prepared by the certified wastewater
				  treatment plant operator, licensed under the provisions of IC
				  13-18-11, when such discharge(s)
				  originate(s) in whole or in part from a wastewater treatment plant as defined
				  in IC
				  13-11-2-258.
				  Such reports shall be submitted prior to the 28th day of the following month.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 2 - WATER QUALITY STANDARDS › Rule 5 - Phosphates; Permits for Use by Manufacturers and Processors; Detergents › Section 5-1 - Use of phosphorus detergents; permits

Current through July 10, 2024
Authority: IC
				  13-14-8; IC
				  13-18-9-3
Affected: IC 13-15
Sec. 1.
Any manufacturer or processor required to use detergents
				  containing phosphorus for cleaning plant or equipment shall obtain a permit
				  therefor from the commissioner.
(a)
				The application for the permit shall be made on a form provided by the
				commissioner and shall include as a minimum the following:
(1) Phosphorus content of the detergent by
				weight and the maximum daily and monthly average quantities used.
(2) Description of the use and why a
				phosphorus detergent is required.
(3) The means of treatment that will be
				installed using the best practicable control technology for removal of
				phosphorus from the wastewater before discharge directly into the waters of
				Indiana or into any sewer or drain that enters the waters of the state of
				Indiana.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 2 - WATER QUALITY STANDARDS › Rule 6.1 - Spills; Reporting, Containment, and Response › Section 6.1-1 - Applicability

Current through July 10, 2024
Authority: IC
				  13-14-8-7
Affected: IC
				  13-11-2; IC
				  13-18-1; IC
				  13-18-3; IC
				  13-18-8; IC
				  13-18-17
Sec. 1.
This rule applies to the reporting and containment of, and
				  the response to those spills of hazardous substances, extremely hazardous
				  substances, petroleum, and objectionable substances that are of a quantity,
				  type, duration and in a location as to damage the waters of the state. Nothing
				  in this rule is intended to affect reporting or clean-up requirements set forth
				  by other federal, state, or local laws.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 2 - WATER QUALITY STANDARDS › Rule 6.1 - Spills; Reporting, Containment, and Response › Section 6.1-2 - Special areas

Current through July 10, 2024
Authority: IC 13-14-8-7
Affected: IC 13-11-2; IC 13-18-1; IC 13-18-3; IC 13-18-8; IC
				  13-18-17
Sec. 2.
Certain areas of the state are recognized as having unique
				  geology. A large section of the mid-southern part of the state is a karst
				  region. Portions of Saint Joseph, Elkhart, Kosciusko, and LaGrange Counties
				  contain a sole source aquifer as referenced in
				  42 U.S.C.
				  300h-3(e). The waters of the
				  state are particularly vulnerable to damage from spills in these areas, and
				  care should be exercised when evaluating damage from spills. Information about
				  these areas can be obtained by calling the Department of Environmental
				  Management, Office of Land Quality, Emergency Response Section: Area Code
				  1-888-233-7745 for in-state calls
				  (toll free), (317) 233-7745 for out-of-state calls.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 2 - WATER QUALITY STANDARDS › Rule 6.1 - Spills; Reporting, Containment, and Response › Section 6.1-3 - Exclusions

Current through July 10, 2024
Authority: IC
				  13-14-8-7
Affected: IC
				  13-11-2; IC
				  13-18-1; IC
				  13-18-3; IC
				  13-18-8; IC
				  13-18-17
Sec. 3.
Notwithstanding any other section of this rule, the
				  reporting requirement of this rule does not apply to the following
				  occurrences:
(1) Discharges or
				exceedances that are under the jurisdiction of an applicable permit when the
				substance in question is covered by the permit and death or acute injury or
				illness to animals or humans does not occur.
(2) Lawful application of materials,
				including, but not limited to:
(A) commercial
				or natural fertilizers and pesticides on or to land or water; or
(B) dust suppression materials.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 2 - WATER QUALITY STANDARDS › Rule 6.1 - Spills; Reporting, Containment, and Response › Section 6.1-4 - Definitions

Current through July 10, 2024
Authority: IC 13-14-8-7
Affected: IC 13-11-2; IC 13-18-1; IC 13-18-3; IC 13-18-8; IC
				  13-18-17; IC 14-8-2-7; IC 14-25-7-13; IC 14-25-7-15
Sec. 4.
In addition to the definitions contained in IC
				  13-11-2-17(d), IC 13-11-2-35(a), IC 13-11-2-51, IC 13-11-2-158(a), IC
				  13-11-2-160, IC 13-11-2-260, IC 13-11-2-265, and in 327 IAC 1, the following
				  definitions apply throughout this rule:
(1) "Animal" means all mammals, birds,
				reptiles, amphibians, fish, crustaceans, and mollusks.
(2) "Aquatic life" means those plants and
				macroinvertebrates that are dependent upon an aquatic environment.
(3) "Contain" means to take such immediate
				action as necessary to dam, block, restrain, or otherwise act to most
				effectively prevent a spill from entering waters of the state or minimize
				damage to the waters of the state from a spill.
(4) "Damage" means the actual or imminent
				alteration of the waters of the state so as to render the waters harmful,
				detrimental, or injurious to:
(A) public
				health, safety, or welfare;
(B)
				domestic, commercial, industrial, agricultural, or recreational uses;
				or
(C) animals or aquatic
				life.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 2 - WATER QUALITY STANDARDS › Rule 6.1 - Spills; Reporting, Containment, and Response › Section 6.1-5 - Reportable spills; facility

Current through July 10, 2024
Authority: IC 13-14-8-7
Affected: IC 13-11-2; IC 13-18-1; IC 13-18-3; IC 13-18-8; IC
				  13-18-17
Sec. 5.
The following spills from a facility must be
				  reported:
(1) Spills that damage the
				waters of the state so as to cause death or acute injury or illness to humans
				or animals.
(2) Spills from a
				facility that has been notified in writing by a water utility that it is
				located in a delineated public water supply wellhead protection area as
				approved by the department under 327 IAC 8-4.1 that are spills of:
(A) hazardous substances or extremely
				hazardous substances when the amount spilled exceeds one hundred (100) pounds
				or the reportable quantity, whichever is less;
(B) petroleum when the amount spilled exceeds
				fifty-five (55) gallons; or
(C)
				objectionable substances as defined in section 4(11) of this rule.
Indiana Administrative Code › Title 327 - WATER POLLUTION CONTROL DIVISION › Article 2 - WATER QUALITY STANDARDS › Rule 6.1 - Spills; Reporting, Containment, and Response › Section 6.1-6 - Reportable spills; transportation

Current through July 10, 2024
Authority: IC
				  13-14-8-7
Affected: IC
				  13-11-2; IC
				  13-18-1; IC
				  13-18-3; IC
				  13-18-8; IC
				  13-18-17
Sec. 6.
The following spills from a mode of transportation must be
				  reported:
(1) Spills that damage the
				waters of the state so as to cause death or acute injury or illness to humans
				or animals.
(2) Spills that damage
				surface waters.
(3) Spills to soil:
(A) spills of hazardous substances or
				extremely hazardous substances when the amount spilled exceeds one hundred
				(100) pounds or the reportable quantity, whichever is less;
(B) spills of petroleum when the amount
				spilled exceeds fifty-five (55) gallons; or
(C) spills of objectionable substances as
				defined in section 4(11) of this rule.