§11-54-4 - Basic water quality criteria applicable to all waters.

§11-54-4 Basic water quality criteria applicable to all waters.

(a) All waters shall be free of substances attributable to domestic, industrial, or other controllable sources of pollutants, including:

(1) Materials that will settle to form objectionable sludge or bottom deposits;

(2) Floating debris, oil, grease, scum, or other floating materials;

(3) Substances in amounts sufficient to produce taste in the water or detectable off-flavor in the flesh of fish, or in amounts sufficient to produce objectionable color, turbidity or other conditions in the receiving waters;

(4) High or low temperatures, biocides, pathogenic organisms, toxic, radioactive, corrosive, or other deleterious substances at levels or in combinations sufficient to be toxic or harmful to human, animal, plant, or aquatic life, or in amounts sufficient to interfere with any beneficial use of the water;

(5) Substances or conditions or combinations thereof in concentrations which produce undesirable aquatic life; and

(6) Soil particles resulting from erosion on land involved in earthwork, such as the construction of public works; highways; subdivisions; recreational, commercial, or industrial developments; or the cultivation and management of agricultural lands.

(b) The director is authorized to impose by order the penalties and fines and corrective measures as specified in chapters 342D and 342E, HRS, against any person who discharges or otherwise causes or allows water pollutants to enter State waters and cause violation of this chapter, unless that person acted in compliance with a permit or variance issued by the director pursuant to chapters 342D, HRS, for

that person's discharges. Each day that the person has caused each water quality standard not to be met shall constitute a separate offense.

(c) To ensure compliance with paragraph (a)(4), all State waters are subject to monitoring and to the following standards for acute and chronic toxicity and the protection of human health.

(1) As used in this section:

"Acute Toxicity" means the degree to which a pollutant, discharge, or water sample causes a rapid adverse impact to aquatic organisms. The acute toxicity of a discharge or receiving water is measured using the methods in section 11-54-10, unless other methods are specified by the director.

"Chronic Toxicity" means the degree to which a pollutant, discharge, or water sample causes a long-term adverse impact to aquatic organisms, such as a reduction in growth or reproduction. The chronic toxicity of a discharge or receiving water is measured using the methods in section 11-54-10, unless other methods are specified by the director.

"Dilution" means, for discharges through submerged outfalls, the average and minimum values calculated using the models in the EPA publication, Initial Mixing Characteristics of Municipal Ocean Discharges (EPA/600/3-85/073, November, 1985), or in the EPA publication, Expert System for Hydrodynamic Mixing Zone Analysis of Conventional and Toxic Submerged Single Port Discharges (Cormix 1) (EPA/600/3-90/012), February, 1990.

"In-Stream Waste Concentration" (IWC) means the concentration of a toxicant in the receiving water, or for a discharge, the concentration of the effluent after minimum dilution authorized by the department. A discharge of one hundred divided by the minimum dilution is the IWC when the dilution is authorized by the director. A discharge of one hundred per cent effluent is the

IWC when dilution is not authorized by the director.

"No Observed Effect Concentration" (NOEC), means the highest per cent concentration of a discharge or water sample, in dilution water, which causes no observable adverse effect in a chronic toxicity test. For example, an NOEC of 100 per cent indicates that an undiluted discharge or water sample causes no observable adverse effect to the organisms in a chronic toxicity test. "Test of Significant Toxicity" (TST) means the alternative statistical method for analyzing and interpreting valid whole effluent toxicity test data as described in the EPA publications, National Pollutant Discharge Elimination System Test of Significant Toxicity Implementation Document, EPA 833-R-10-003 (June 2010), and National Pollutant Discharge Elimination System Test of Significant Toxicity Technical Document, EPA 833-R-10-004 (June 2010).

(2) Narrative toxicity and human health standards.

(A) Acute Toxicity Standards: All State waters shall be free from pollutants in concentrations which exceed the acute standards listed in paragraph (3). All State waters shall also be free from acute toxicity as measured using the toxicity tests listed in section 11-54-10, or other methods specified by the director.

(B) Chronic Toxicity Standards: All State waters shall be free from pollutants in concentrations which on average during any twenty-four hour period exceed the chronic standards listed in paragraph (3). All State waters shall also be free from chronic toxicity as measured using the toxicity tests listed in section 11-54-10, or other methods specified by the director.

(C) Human Health Standards: All State waters shall be free from pollutants in concentrations which, on average during any thirty day period, exceed the "fish consumption" standards for non-carcinogens in paragraph (3). All State waters shall also be free from pollutants in concentrations, which on average during any 12 month period, exceed the "fish consumption" standards for pollutants identified as carcinogens in paragraph (3).

(3) Numeric standards for toxic pollutants applicable to all waters. The freshwater standards apply where the dissolved inorganic ion concentration is less than 0.5 parts per thousand; saltwater standards apply above 0.5 parts per thousand. Values for metals refer to the dissolved fraction. All values are expressed in micrograms per liter.

 

Freshwater

Saltwater

 

Fish

Pollutant

 

Chronic

   

Acute

Acute Chronic

Consumption

Acenaphthene

570

ns

320

ns

ns

Acrolein

23

ns

18

ns

250

Acrylonitrile*

2, 500

ns

ns

ns

0.21

Aldrin*

3.0

ns

1.3

ns

0.000026

Aluminum

750

260

ns

ns

ns

Antimony

3, 000

ns

ns

ns

15,000

Arsenic

360

190

69

36

ns

Benzene*

1, 800

ns

1, 700

ns

13

Benzidine*

800

ns

ns

ns

0.00017

Beryllium*

43

ns

ns

ns

0.038

 

Freshwater

Saltwater

 

Pollutant

Acute

Chronic

Acute

Chronic

c isn Consumption

Cadmium

3+

3+

43

9.3

ns

Carbon tetrachloride*

12,000

ns

16,000

ns

2.3

Chlordane*

2.4

0.0043

0.09

0.004

0.00016

Chlorine

19

11

13

7.5

ns

Chloroethers-ethyl(bis-2)*

ns

ns

ns

ns

0.44

isopropyl

ns

ns

ns

ns

1, 400

methyl(bis)*

ns

ns

ns

ns

0.00060

Chloroform*

9, 600

ns

ns

ns

5.1

Chlorophenol(2)

1, 400

ns

ns

ns

ns

Chlorpyrifos

0.083

0.041

0.011

0,0056

ns

Chromium (VI)

16

11

1,100

50

ns

Copper

6+

6+

2. 9

2.9

ns

Cyanide

22

5,2

1

1

ns

DDT*

1.1

0.001

0.013

0. 001

0.000008

metabolite TDE*

0,03

ns

1.2

ns

ns

Demeton

ns

0.1

ns

0.1

ns

Dichloro-benzenes*

370

ns

660

ns

850

benzidine*

ns

ns

ns

ns

0,007

ethane(1,2)*

39,000

ns

38,000

ns

79

phenol(2,4)

670

ns

ns

ns

ns

propanes

7, 700

ns

3, 400

ns

ns

propene(1,3)

2, 000

ns

260

ns

4 . 6

Pollutant

Freshwater Acute Chronic

Saltwater Acute Chronic

Fish Consumption

Dieldrin*

2.5

0.0019

0.71

0.0019

0.000025

Dinitro

o-cresol(4,6)

ns

ns

ns

ns

250

toluenes*

110

ns

200

ns

3.0

Dioxin*

0.003

ns

ns

ns

5.0xlO"9

Diphenyl-

hydrazine(1,2)

ns

ns

ns

ns

0.018

Endosulfan

0.22

0.056

0.034

0.0087

52

Endrin

0 .18

0.0023

0.037

0.0023

ns

Ethylbenzene

11,000

ns

140

ns

1, 070

Fluoranthene

1, 300

ns

13

ns

18

Guthion

ns

0.01

ns

0.01

ns

Heptachlor*

0. 52

0.0038

0.053

0.0036

0.00009

Hexachloro-benzene*

ns

ns

ns

ns

0.00024

butadiene*

30

ns

11

ns

16

cyclohexane-

         

alpha*

ns

ns

ns

ns

0.010

beta*

ns

ns

ns

ns

0.018

technical*

ns

ns

ns

ns

0.014

cyclopentadiene

2

ns

2

ns

ns

ethane*

330

ns

310

ns

2.9

Isophorone

39,000

ns

4, 300

ns

170,000

Lead

29+

29+

140

5.6

ns

Lindane*

2.0

0,08

0.16

ns

0. 020

Pollutant

Freshwater Acute Chronic

Saltwater Acute Chronic

Fish Consumption

Malathion

ns

0.1

ns

0.1

ns

Mercury

2.4

0.55

2.1

0.025

0*. 04 7

Methoxychlor

ns

0.03

ns

0. 03

ns

Mirex

ns

0.001

ns

0.001

ns

Naphthalene

770

ns

780

ns

ns

Nickel

5 +

5+

75

8.3

33

Nitrobenzene

9, 000

ns

2, 200

ns

ns

Nitrophenols*

77

ns

1, 600

ns

ns

Nitrosamines*

1, 950

ns

ns

ns

0.41

Nitroso

dibutylamine-N*

ns

ns

ns

ns

0.19

diethylamine-N*

ns

ns

ns

ns

0.41

dimethylamine-N*

ns

ns

ns

ns

5.3

diphenylamine-N*

ns

ns

ns

ns

5.3

pyrrolidine-N*

ns

ns

ns

ns

30

Parathion

0.065

0. 013

ns

ns

ns

Pentachloro-ethanes

2, 400

ns

130

ns

ns

benzene

ns

ns

ns

ns

28

phenol

20

13

13

ns

ns

Phenol

3,400

ns

170

ns

ns

2,4-dimethyl

700

ns

ns

ns

ns

Phthalate esters dibutyl

ns

ns

ns

ns

50,000

diethyl

ns

ns

ns

ns

590,000

Pollutant

Freshwater Acute Chronic

Saltwater Acute Chronic

Fish Consumption

di-2-ethylhexyl

ns

ns

ns

ns

16,000

dimethyl

ns

ns

ns

ns

950,000

Polychlorinated biphenyls*

Polynuclear aromatic hydrocarbons*

Selenium

2.0 ns

20

0 .014

ns

5

10 ns

300

0.03 ns

71

0.000079 0.01

ns

Silver

1+

1 +

2.3

ns

ns

Tetrachloro-

         

ethanes

3,100

ns

ns

ns

ns

benzene(1,2,4,5)

ns

ns

ns

ns

16

ethane(1,1,2,2)*

ns

ns

3,000

ns

3.5

ethylene*

1, 800

ns

3, 400

145

2.9

phenol(2,3,5,6)

ns

ns

ns

440

ns

Thallium

470

ns

710

ns

16

Toluene

5, 800

ns

2,100

ns

140,000

Toxaphene*

0.73

0.0002

0.21

0.0002

0.00024

Tributyltin

ns

0. 026

ns

0.01

ns

Trichloro-

         

ethane(1,1,1)

6,000

ns

10,400

ns

340,000

ethane(1,1,2)*

6, 000

ns

ns

ns

14

ethylene*

15,000

ns

700

ns

26

phenol(2,4,6)*

ns

ns

ns

ns

1.2

Vinyl chloride*

ns

ns

ns

ns

170

Zinc

22 +

22 +

95

86

ns

ns - No standard has been developed.

* - Carcinogen.

+ - The value listed is the minimum standard. Depending upon the receiving water CaC03 hardness, higher standards may be calculated using the respective formula in the U. S. Environmental Protection Agency publication Quality Criteria for Water (EPA 440/5-86-001, Revised May 1, 1987) .

Note - Compounds listed in the plural in the "Pollutant" column represent complex mixtures of isomers.

Numbers listed to the right of these compounds refer to the total allowable concentration of any combination of isomers of the compound, not only to concentrations of individual isomers.

(4) The following are basic requirements applicable to discharges to State waters. These standards shall be enforced through effluent limitations or other conditions in discharge permits. The director may apply more stringent discharge requirements to any discharge if necessary to ensure compliance with all standards in paragraph (2).

(A) Continuous discharges through submerged outfalls.

(i) The No Observed Effect Concentration (NOEC), expressed as per cent effluent, of continuous discharges through submerged outfalls shall not be less than 100 divided by the minimum dilution; or,

(ii) The Test of Significant Toxicity' (TST), as described in EPA 833-R-10-003 (June 2010) and EPA 833-R-10-004 (June 2010), shall be used to demonstrate no unacceptable level of chronic toxicity at the In-stream Waste Concentration (IWC). The chronic toxicity criterion is expressed using a regulatory management decision (b value) of 0.75 for chronic toxicity where, a 0.25 effect

level (or more) at the IWC demonstrates an unacceptable level of chronic toxicity.

(B) Continuous discharges through submerged outfalls shall not contain:

(i) Pollutants in twenty-four hour average concentrations greater than the values obtained by multiplying the minimum dilution by the standards in paragraph (3) for the prevention of chronic toxicity.

(ii) Non-carcinogenic pollutants in

thirty day average concentrations greater than the values obtained by multiplying the minimum dilution by the standards in paragraph (3) for fish consumption.

(iii) Carcinogenic pollutants in twelve month average concentrations greater than the values obtained by multiplying the average dilution by the standards in paragraph (3) for fish consumption.

(C) Discharges without submerged outfalls.

(i) The survival of test organisms in an undiluted acute toxicity test of any discharge shall not be less than eighty per cent;

(ii) Compliance with the acute toxicity NPDES effluent limit is demonstrated by using the Test of Significant Toxicity (TST) as described in EPA 833-R-10-003 (June 2010) and EPA 833-R-10-004 (June 2010). The acute toxicity criterion is expressed using a regulatory management decision (b value) of 0.80 for acute toxicity

test methods listed in 11-54-10, where, in an undiluted acute toxicity test, a 0.20 effect level (or more) at the IWC demonstrates an unacceptable level of acute toxicity; or,

(iii) The Test of Significant Toxicity (TST), as described in EPA 833-R-10-003 (June 2010) and EPA 833-R-10-004 (June 2010), shall be used to demonstrate no unacceptable level of chronic toxicity at the IWC. The chronic toxicity criterion is expressed using a regulatory management decision {b value) of 0.75 for chronic toxicity where, a 0.25 effect level (or more) at the IWC demonstrates an unacceptable level of chronic toxicity. Toxicity is considered significant if the mean response in the IWC is greater than 0.75 multiplied by the mean response of the control.

No discharge shall contain pollutants in concentrations greater than the standards in paragraph (3) for the prevention of acute toxicity to aquatic life. The director may make a limited allowance for dilution for a discharge in this category if it meets the following criteria: the discharge velocity is greater than 3 meters per second; the discharge enters the receiving water horizontally, and; the receiving water depth at the discharge point is greater than zero.

(d) The requirements of paragraph (a)(6) shall be deemed met upon a showing that the land on which the erosion occurred or is occurring is being managed

in accordance with soil conservation practices acceptable to the applicable soil and water conservation district and the director, and that a comprehensive conservation program is being actively pursued, or that the discharge has received the best degree of treatment or control, and that the severity of impact of the residual soil reaching the receiving body of water is deemed to be acceptable.

(e) In order to reduce a risk to public health or safety arising out of any violation or probable violation of this chapter, the director may post or order posted any State waters. Posting is the placement, erection, or use of a sign or signs warning people to stay out of, avoid drinking, avoid contact with, or avoid using the water. This posting authority shall not limit the director's authority to post or order posting in any other appropriate case or to take any enforcement action.

(f) Pesticide Application.

(1) As used in this section:

"Declared pest emergency situation" means an event defined by a public declaration by the President of the United States, state governor or, with the concurrence of the director, county mayor of a pest problem determined to require control through application of a pesticide beginning less than ten days after identification of the need for pest control.

"Pest" means any insect, rodent, nematode, fungus, weed, or

(A) Any other form of terrestrial or aquatic plant or animal life or virus, bacteria, or other micro-organism (except viruses, bacteria, or other micro-organisms on or in living man or other living animals) which the Administrator declares to be a pest under 7 U.S.C. §136w(c)(l).

"Pesticide" means

(A) Any substance or mixture of substances intended for preventing, destroying,

repelling, or mitigating any pest;

(B) Any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant; and

(C) Any nitrogen stabilizer, except that the term "pesticide" shall not include any article that is a "new animal drug" within the meaning of 21 U.S.C. 321(w), that has been determined by the Secretary of Health and Human Services not to be a new animal drug by a regulation establishing conditions of use for the article, or that is an animal feed within the meaning of 21 U.S.C. 321(x) bearing or containing a new animal drug.

The term "pesticide" does not include liquid chemical sterilant products (including any sterilant or subordinate disinfectant claims on such products) for use on a critical or semi-critical device, as defined in section 201 of 21 U.S.C. §321. For purposes of the preceding sentence, the term "critical device" includes any device which is introduced directly into the human body, either into or in contact with the bloodstream or normally sterile areas of the body and the term "semi-critical device" includes any device which contacts intact mucous membranes but which does not ordinarily penetrate the blood barrier or otherwise enter normally sterile areas of the body. The term "pesticide" applies to insecticides, herbicides, fungicides, rodenticides, and various other substances used to control pests. The definition encompasses all uses of pesticides authorized under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) including uses authorized under sections 3 (registration), 5 (experimental use permits), 18 (emergency exemptions), 24(c) (special local needs registrations), and 25(b) (exemptions from FIFRA).

Note: drugs used to control diseases of humans or animals {such as livestock, fishstock and pets) are not considered pesticides; such drugs are regulated by the Food and Drug Administration. Fertilizers, nutrients, and other substances used to promote plant survival and health are not considered plant growth regulators and thus are not pesticides. Biological control agents, except for certain microorganisms, are exempted from regulation under FIFRA. (Biological control agents include beneficial predators such as birds or ladybugs that eat insect pests, parasitic wasps, fish, etc.).

(2) Pesticide applications may be made to State waters if the pesticide applications are:

(A) Registered by the U.S. Environmental Protection Agency and licensed by the state department of agriculture or other state agency regulating pesticides;

(B) Used for the purpose of controlling mosquito and other flying insect pests; controlling weed and algae pests; controlling animal pests; controlling forest canopy pests; or protecting public health or the environment in a declared pest emergency situation or as determined by the director;

(C) Applied in a manner consistent with the labeling of the pesticide under FIFRA;

(D) Applied under permits issued pursuant to HRS chapter 342D, if the director requires such permits under chapter 342D, HRS;

(E) Applied in a manner so applicable narrative and numeric state water quality criteria as required in chapter 11-54 are met.

        [Eff 11/12/82; am and comp 10/6/84; am and comp 04/14/88; am and comp 01/18/90; am and comp 10/29/92, am and comp 04/17/00; am and comp 10/2/04; am and comp 06/15/09; am and comp 10/21/12; am and comp 12/6/13; am and

comp NOV 15 2014 ] (Auth: HRS §§342D-1, 342D-4, 342D-5, Ch. 342E) (Imp: HRS §§342D-4, 342D-5, Ch. 342E)

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