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 096-584-3 - Numerical Water Quality Criteria

Current through 2024-29, July 17, 2024
A. Statewide
				Criteria
(1)
Statewide Criteria for
				toxic pollutants with national water criteria
. Except as naturally
				occur, levels of toxic pollutants in surface waters must not exceed federal
				water quality criteria as established by USEPA, pursuant to Section 304(a) of
				the Clean Water Act, or alternative criteria established below.
Statewide criteria are contained in Appendix A of this
				  rule.
(2)
Alternative
				Statewide Criteria
. Alternative statewide criteria must be adopted
				through rulemaking. Alternative statewide criteria must be based on sound
				scientific rationale and be as protective as EPA's water quality criteria. Such
				criteria must also be protective of the most sensitive designated and existing
				uses of the water body, including, but not limited to, habitat for fish and
				other aquatic life, human consumption of fish and drinking water supply after
				treatment. A proposal for alternative statewide criteria must be initiated in
				accordance with petition for rulemaking provisions of the State Administrative
				Procedures Act,
				5 M.R.S.,
				Section8055, and include a thorough
				literature search of the properties of the toxicant, including but not limited
				to its toxicity, carcinogenicity, teratogenicity, mutagenicity,
				bioaccumulation/bioconcentration, and regulation by other states or foreign
				countries. Any such proposal must also take into consideration, at a minimum,
				the following:
(a)
Aquatic Life
				Criteria
. Physical, chemical or biological conditions found in Maine
				waters that differ from the information used as the basis for national criteria
				from the USEPA. When toxicity testing is to be done, the procedures in 3(B)(1)
				will be used. Ambient data must be collected in general conformance with
				Chapter 530, section
				4(D) and have
				sufficient geographic distribution to reflect variation of the characteristics
				in question. Where discharges may affect the factors used to determine water
				quality criteria, significant sources representative of the pollutant,
				characteristics and geographic distribution will be evaluated as part of a
				proposal.
(b)
Human Health
				Criteria
. Changes to statewide criteria for the protection of human
				health must be supported by information following the general methods and
				considerations specified by USEPA in "Revisions to the Methodology for Deriving
				Ambient Water Quality Criteria for the Protection of Human Health (2000),"
				EPA-822-B-00-004, USEPA, Office of Science and Technology, Washington, D.C., 65
				Federal Register No. 214, pp. 66443-66482, November 3, 2000. The Department
				shall consider this information and information provided by the Department of
				Human Services.
The Department may request additional materials and shall
				  consider all relevant information when determining whether to adopt alternative
				  statewide criteria.
(3)
Statewide criteria for toxic
				pollutants lacking national criteria
. The requirements of section
				3(A)(2) also apply to the adoption of criteria for toxic pollutants not having
				water quality criteria established by USEPA, pursuant to Section 304(a) of the
				Clean Water Act.