RELATES TO:
KRS 146.200 - 146.360,
146.410 - 146.535, 146.550 - 146.570, 146.600 -146.619, 146.990, 224.1-010,
224.1-400, 224.16-050, 224.16-070, 224.70-100 - 224.70-140, 224.71 -100 -
224.71-145, 224.73-100 - 224.73-120
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
224.10-100 requires the cabinet to develop
and conduct a comprehensive program for the management of water resources and
to provide for the prevention, abatement, and control of water pollution. This
administrative regulation and
401 KAR
10:001,
401 KAR
10:026,
401 KAR
10:029, and
401 KAR
10:030 establish procedures to protect the surface
waters of the Commonwealth, and thus protect water resources. This
administrative regulation establishes water quality standards that consist of
designated legitimate uses of the surface waters of the Commonwealth and the
associated water quality criteria necessary to protect those uses. These water
quality criteria are minimum requirements that apply to all surface waters in
the Commonwealth of Kentucky in order to maintain and protect them for
designated uses. These water quality standards are subject to periodic review
and revision in accordance with the Clean Water Act,
33 U.S.C.
1251-1387,
40 C.F.R. 131, and KRS Chapter 224.
Section
1. Nutrients Criterion. Nutrients shall not be elevated in a
surface water to a level that results in a eutrophication problem.
Section 2. Minimum
Criteria Applicable to All
Surface Waters.
(1) The minimum
water quality
criteria established in this administrative regulation shall be applicable to
all
surface waters including mixing zones, with the exception that toxicity to
aquatic life in mixing zones shall be subject to the provisions of
401 KAR
10:029, Section 4.
Surface waters shall not be
aesthetically or otherwise degraded by substances that:
(a) Settle to form objectionable
deposits;
(b) Float as debris,
scum, oil, or other matter to form a nuisance;
(c) Produce objectionable color, odor, taste,
or turbidity;
(d) Injure or are
chronically or acutely toxic to or produce adverse physiological or behavioral
responses in humans, animals, fish, and other aquatic life;
(e) Produce undesirable aquatic life or
result in the dominance of nuisance species; or
(f) Cause fish flesh tainting.
(2) The concentration of phenol
shall not exceed 300 ng/L as an instream value.
(3) The
water quality criteria for the
protection of human health related to fish consumption in Table 1 of Section 6
of this administrative regulation shall apply to all surface water at the edge
of the assigned mixing zones except for those points where water is withdrawn
for
domestic water supply use.
(a) The
criteria are established to protect human health regarding the consumption of
fish tissue and shall not be exceeded.
(b) For those substances associated with a
cancer risk, an acceptable risk level of not more than one (1) additional
cancer case in a population of 1,000,000 people, or 1 x
10-6 shall be utilized to establish the allowable
concentration.
Section
3. Use Designations and Associated
Criteria.
(1) Surface waters may be designated as
having one (1) or more legitimate uses established in
401 KAR
10:026 and associated
criteria protective of those
uses. Nothing in this administrative regulation shall be construed to prohibit
or impair the legitimate beneficial uses of these waters. The
criteria in
Sections 2, 4, 6, and 7 of this administrative regulation represent minimum
conditions necessary to:
(a) Protect surface
waters for the indicated designated use; and
(b) Protect human health regarding fish
consumption.
(2) On
occasion, surface water quality may be outside of the limits established to
protect designated uses because of natural conditions. If this occurs during
periods when stream flows are below the flow that is used by the cabinet to
establish effluent limitations for wastewater treatment facilities, a
discharger shall not be considered a contributor to instream violations of
water quality standards, if treatment results in compliance with permit
requirements.
(3) Stream flows for
water quality-based permits. The following stream flows shall be utilized if
deriving
KPDES permit limitations to protect
surface waters for the listed uses
and purposes:
(a) Aquatic life protection
shall be 7Q10;
(b) Water-based recreation protection shall
be 7Q10;
(c)
Domestic water supply protection shall be determined at points of withdrawal
as:
1. The harmonic mean for cancer-linked
substances; and
2.
7Q10 for noncancer-linked substances;
(d) Human health protection
regarding fish consumption and for changes in radionuclides shall be the
harmonic mean; and
(e) Protection
of aesthetics shall be 7Q10.
Section 4. Aquatic Life.
(1) Warm water aquatic habitat. The following
parameters and associated
criteria shall apply for the protection of productive
warm water aquatic communities, fowl, animal wildlife, arboreous growth,
agricultural, and industrial uses:
(a)
Natural alkalinity as CaCO
3 shall not be reduced by more
than twenty-five (25)
percent.
1. If natural
alkalinity is below twenty (20) mg/L CaCO3, there shall
not be a reduction below the natural level.
2. Alkalinity shall not be reduced or
increased to a degree that may adversely affect the aquatic
community;
(b) pH shall
not be less than six and zero-tenths (6.0) nor more than nine and zero-tenths
(9.0) and shall not fluctuate more than one and zero-tenths (1.0) pH unit over
a period of twenty-four (24) hours;
(c) Flow shall not be altered to a degree
that will adversely affect the aquatic community;
(d) Temperature shall not exceed thirty-one
and seven-tenths (31.7) degrees Celsius (eighty-nine (89) degrees Fahrenheit).
1. The normal daily and seasonal temperature
fluctuations that existed before the addition of heat due to other than natural
causes shall be maintained.
2. The
cabinet may determine allowable surface water temperatures on a site-specific
basis utilizing available data that shall be based on the effects of
temperature on the aquatic biota that utilize specific surface waters of the
commonwealth and that may be affected by person-induced temperature
changes.
3. Effects on downstream
uses shall also be considered in determining site-specific
temperatures.
4. A successful
demonstration concerning thermal
discharge limits carried out pursuant to
Section 316(a) of the
Clean Water Act,
33 U.S.C.
1326, shall constitute compliance with the
temperature requirements of this subsection. A successful demonstration assures
the protection and
propagation of a balanced indigenous population of
shellfish, fish, and wildlife in or on the water into which the
discharge is
made;
(e) Dissolved
oxygen.
1.
a. Dissolved oxygen shall be maintained at a
minimum concentration of five and zero-tenths (5.0) mg/L as a twenty-four (24)
hour average in water with WAH use.
b. The instantaneous minimum shall not be
less than four and zero-tenths (4.0) mg/L in water with WAH use.
2. The dissolved oxygen
concentration shall be measured at mid-depth in waters having a total depth of
ten (10) feet or less and at representative depths in other waters;
(f) Total dissolved solids or
specific conductance. Total dissolved solids or specific conductance shall not
be changed to the extent that the indigenous aquatic community is adversely
affected;
(g) Total suspended
solids. Total suspended solids shall not be changed to the extent that the
indigenous aquatic community is adversely affected;
(h) Settleable solids. The addition of
settleable solids that may alter the stream bottom so as to adversely affect
productive aquatic communities shall be prohibited;
(i) Ammonia. The concentration of the
un-ionized form shall not be greater than 0.05
mg/L at any time instream after
mixing. Un-ionized ammonia shall be determined from values for total ammonia-N,
in
mg/L, pH and temperature, by means of the following equation:
Y = 1.2 (Total ammonia-N)/(1 +
10pKa-pH)
pka = 0.0902 + (2730/(273.2 +
Tc))
Where:
Tc = temperature, degrees
Celsius.
Y = unionized ammonia (mg/L);
(j) Toxics.
1. The allowable instream concentration of
toxic substances, or whole effluents containing toxic substances, which are
noncumulative or non-persistent with a half-life of less than ninety-six (96)
hours, shall not exceed:
a. One-tenth (0.1)
of the ninety-six (96) hour median lethal concentration (LC50) of
representative indigenous or indicator aquatic organisms; or
b. A chronic toxicity unit of 1.00 utilizing
the twenty-five (25) percent inhibition concentration, or IC25.
2. The allowable instream
concentration of toxic substances, or whole effluents containing toxic
substances, which are bioaccumulative or persistent, including pesticides, if
not specified elsewhere in this section, shall not exceed:
a. 0.01 of the ninety-six (96) hour median
lethal concentration (LC50) of representative indigenous or indicator aquatic
organisms; or
b. A chronic toxicity
unit of 1.00 utilizing the IC25.
3. In the absence of acute criteria for
pollutants listed in Table 1 of Section 6 of this administrative regulation,
for other substances known to be toxic but not listed in this administrative
regulation, or for whole effluents that are acutely toxic, the allowable
instream concentration shall not exceed the LC1 or one-third (1/3) LC50
concentration derived from toxicity tests on representative indigenous or
indicator aquatic organisms or exceed three-tenths (0.3) acute toxicity
units.
4. If specific application
factors have been determined for a toxic substance or whole effluent such as an
acute to chronic ratio or water effect ratio, the specific application factors
may be used instead of the one-tenth (0.1) and 0.01 factors listed in this
subsection upon demonstration by the applicant that the application factors are
scientifically defensible.
5.
Allowable instream concentrations for specific pollutants for the protection of
warm water aquatic habitat are listed in Table 1 of Section 6 of this
administrative regulation. These concentrations are based on protecting aquatic
life from acute and chronic toxicity and shall not be exceeded;
and
(k) Total residual
chlorine. Instream concentrations for total residual chlorine shall not exceed
an acute criteria value of nineteen (19) ng/L or a chronic criteria value of
eleven (11) ng/L.
(2)
Cold water aquatic habitat. The following parameters and
criteria are for the
protection of productive cold water aquatic communities and streams that
support trout populations, whether self-sustaining or reproducing, on a
year-round basis. The
criteria adopted for the protection of warm water aquatic
life also apply to the protection of cold water habitats with the following
additions:
(a) Dissolved oxygen.
1. A minimum concentration of six and
zero-tenths (6.0) mg/L as a twenty-four (24) hour average and five and
zero-tenths (5.0) mg/L as an instantaneous minimum shall be
maintained.
2. In lakes and
reservoirs that support trout, the concentration of dissolved oxygen in waters
below the epilimnion shall be kept consistent with natural water quality;
and
(b) Temperature.
Water temperature shall not be increased through human activities above the
natural seasonal temperatures.
Section 5. Domestic Water Supply Use. Maximum
allowable in-stream concentrations for specific substances, to be applicable at
the point of withdrawal, as established in
401 KAR
10:026, Section 5(2)(b), Table B, for use for
domestic
water supply from surface water sources are specified in Table 1 of Section 6
of this administrative regulation and shall not be exceeded.
Section 6. Pollutants.
(1) Allowable instream concentrations of
pollutants are listed as water column values in Table 1 of this section unless
otherwise indicated.
|
Table 1
|
|
Pollutant
|
CAS1 Number
|
Water Quality Criteria ng/L2
|
|
Human Health:
|
Warm Water Aquatic
Habitat3:
|
|
DWS4
|
Fish5
|
Acute6
|
Chronic7
|
|
Acenaphthene
|
83-32-9
|
670
|
990
|
-
|
-
|
|
Acrolein
|
107-02-8
|
190
|
6
|
3
|
3
|
|
Acrylonitrile
|
107-13-1
|
0.051
|
0.25
|
-
|
-
|
|
Aldrin
|
309-00-2
|
0.00004 9
|
0.000050
|
3.0
|
-
|
|
alpha-BHC
|
319-84-6
|
0.0026
|
0.0049
|
-
|
-
|
|
alpha-Endosulfan
|
959-98-8
|
62
|
89
|
0.22
|
0.056
|
|
Anthracene
|
120-12-7
|
8,300
|
40,000
|
-
|
-
|
|
Antimony
|
744-03-60
|
5.6
|
640
|
-
|
-
|
|
Arsenic
|
7440-38-2
|
10.0
|
-
|
340
|
150
|
|
Asbestos
|
1332-21-4
|
7 million fibers/L
|
-
|
-
|
-
|
|
Barium
|
7440-39-3
|
1,000
|
-
|
-
|
-
|
|
Benzene
|
71-43-2
|
2.2
|
51
|
-
|
-
|
|
Benzidine
|
92-87-5
|
0.00008 6
|
0.00020
|
-
|
-
|
|
Ben-zo(a)anthracene
|
56-55-3
|
0.0038
|
0.018
|
-
|
-
|
|
Benzo(a)pyrene
|
50-32-8
|
0.0038
|
0.018
|
-
|
-
|
|
Ben-zo(b)fluoranthene
|
205-99-2
|
0.0038
|
0.018
|
-
|
-
|
|
Ben-zo(k)fluoranthene
|
207-08-9
|
0.0038
|
0.018
|
-
|
-
|
|
Beryllium
|
7440-41-7
|
4
|
-
|
-
|
-
|
|
Beta-BHC
|
319-85-7
|
0.0091
|
0.017
|
-
|
-
|
|
Beta-Endosulfan
|
33213-65-9
|
62
|
89
|
0.22
|
0.056
|
|
bis(chloromethyl)et her
|
542-88-1
|
0.00010
|
0.00029
|
-
|
-
|
|
bis(2-chloroethyl)ether
|
111-44-4
|
0.030
|
0.53
|
-
|
-
|
|
bis(2-chloroisopro-pyl)ether
|
108-60-1
|
1,400
|
65,000
|
-
|
-
|
|
bis(2-ethylhexyl)phthalate
|
117-81-7
|
1.2
|
2.2
|
-
|
-
|
|
Bromoform
|
75-25-2
|
4.3
|
140
|
-
|
-
|
|
Butylbenzyl phthalate
|
85-68-7
|
1,500
|
1,900
|
-
|
-
|
|
Cadmium
|
7440-43-9
|
5
|
-
|
e(0.9789(ln
Hard*)-3.866)
|
e(0.7977(ln
Hard*)-3.909)
|
|
Carbaryl
|
63-25-2
|
2.1
|
2.1
|
|
Carbon tetrachloride
|
56-23-5
|
0.23
|
1.6
|
-
|
-
|
|
Chlordane
|
57-74-9
|
0.00080
|
0.00081
|
2.4
|
0.0043
|
|
Chloride
|
16887-00-6
|
250,000
|
-
|
1,200,000
|
600,000
|
|
Chlorobenzene
|
108-90-7
|
130
|
1600
|
-
|
-
|
|
Chlorodibromomethane
|
124-48-1
|
0.40
|
13
|
-
|
-
|
|
Chloroform
|
67-66-3
|
5.7
|
470
|
-
|
-
|
|
Chloropyrifos
|
2921-88-2
|
-
|
-
|
0.083
|
0.041
|
|
Chromium (total)
|
N/A
|
100
|
-
|
-
|
-
|
|
Chromium (III)
|
16065-83-1
|
-
|
-
|
e(0.8190(lnHard*)+3.
7256)
|
e(0.8190(lnHard*)+
0.6848)
|
|
Chromium (VI)
|
18540-29-0
|
-
|
-
|
16
|
11
|
|
Chrysene
|
218-01-9
|
0.0038
|
0.018
|
-
|
-
|
|
Color
|
N/A
|
75 Platinum Cobalt Units
|
-
|
-
|
-
|
|
Copper
|
7440-50-8
|
1,300
|
-
|
e(0.9422(ln
Hard*)-1.700)
|
e(0.8545(ln
Hard*)-1.702)
|
|
Cyanide, Free
|
57-12-5
|
140
|
140
|
22
|
5.2
|
|
Demeton
|
8065-48-3
|
-
|
-
|
-
|
0.1
|
|
Diazinon
|
333-41-5
|
0.17
|
0.17
|
|
Diben-zo(a,h)anthracene
|
53-70-3
|
0.0038
|
0.018
|
-
|
-
|
|
Dichlorobromo-methane
|
75-27-4
|
0.55
|
17
|
-
|
-
|
|
Dieldrin
|
60-57-1
|
0.00005 2
|
0.000054
|
0.24
|
0.056
|
|
Diethyl phthalate
|
84-66-2
|
17,000
|
44,000
|
-
|
-
|
|
Dimethyl phthalate
|
131-11-3
|
270,000
|
1,100,000
|
-
|
-
|
|
Di-n-butyl phthalate
|
84-74-2
|
2,000
|
4,500
|
-
|
-
|
|
Dinitrophenols
|
25550-58-7
|
69
|
5300
|
-
|
-
|
|
Endosulfan sulfate
|
1031-07-8
|
62
|
89
|
-
|
-
|
|
Endrin
|
72-20-8
|
0.059
|
0.060
|
0.086
|
0.036
|
|
Endrin aldehyde
|
7421-93-4
|
0.29
|
0.30
|
-
|
-
|
|
Ethylbenzene
|
100-41-4
|
530
|
2100
|
-
|
-
|
|
Fluoranthene
|
206-44-0
|
130
|
140
|
-
|
-
|
|
Fluorene
|
86-73-7
|
1,100
|
5,300
|
-
|
-
|
|
Fluoride
|
16984-48-8
|
4,000
|
-
|
-
|
-
|
|
Guthion
|
86-50-0
|
-
|
-
|
-
|
0.01
|
|
Heptachlor
|
76-44-8
|
0.00007 9
|
0.000079
|
0.52
|
0.0038
|
|
Heptachlor epoxide
|
1024-57-3
|
0.00003 9
|
0.000039
|
0.52
|
0.0038
|
|
Hexachlorobenzene
|
118-74-1
|
0.00028
|
0.00029
|
-
|
-
|
|
Hexachlorobutadiene
|
87-68-3
|
0.44
|
18
|
-
|
-
|
|
Hexachlorocyclo-hexane-Technical
|
608-73-1
|
0.0123
|
0.0414
|
-
|
-
|
|
Hexachlorocyclo-pentadiene
|
77-47-4
|
40
|
1100
|
-
|
-
|
|
Hexachloroethane
|
67-72-1
|
1.4
|
3.3
|
-
|
-
|
|
Ideno(1,2,3-cd)pyrene
|
193-39-5
|
0.0038
|
0.018
|
-
|
-
|
|
Iron8
|
7439-89-6
|
300
|
-
|
4,000
|
1,000
|
|
Isophorone
|
78-59-1
|
35.0
|
960
|
-
|
-
|
|
Lead
|
7439-92-1
|
15
|
-
|
e(1.273(ln
Hard*)-1.460)
|
e(1.273(ln
Hard*)-4.705)
|
|
Lindane (gamma-BHC)
|
58-89-9
|
0.98
|
1.8
|
0.95
|
|
Malathion
|
121-75-5
|
-
|
-
|
-
|
0.1
|
|
Mercury
|
7439-97-6
|
2.0
|
0.051
|
1.4
|
0.77
|
|
Methylmercury
|
22967-92-6
|
0.3
mg/Kg9
|
|
Methoxychlor
|
74-43-5
|
100
|
-
|
-
|
0.03
|
|
Methyl Bromide
|
74-83-9
|
47
|
1,500
|
-
|
-
|
|
Methylene Chloride
|
75-09-2
|
4.6
|
590
|
-
|
-
|
|
Mirex
|
2385-85-5
|
-
|
-
|
-
|
0.001
|
|
Nickel
|
7440-02-0
|
610
|
4,600
|
e(0.8460(ln
Hard*)+2.255)
|
e(0.8460(ln
Hard*)+0.0584)
|
|
Nitrate (as N)
|
14797-55-8
|
10,000
|
-
|
-
|
-
|
|
Nitrobenzene
|
98-95-3
|
17
|
690
|
-
|
-
|
|
Nitrosamines, Other
|
N/A
|
0.0008
|
1.24
|
-
|
-
|
|
N-Nitrosodibutylamine
|
924-16-3
|
0.0063
|
0.22
|
-
|
-
|
|
N-Nitrosodiethylamine
|
55-18-5
|
0.0008
|
1.24
|
-
|
-
|
|
N-Nitrosodimethyla-mine
|
62-75-9
|
0.00069
|
3.0
|
-
|
-
|
|
N-Nitrosodi-n-Propylamine
|
621-64-7
|
0.0050
|
0.51
|
-
|
-
|
|
N-Nitrosodiphenyla-mine
|
86-30-6
|
3.3
|
6.0
|
-
|
-
|
|
N-Nitrosopyrrolidine
|
930-55-2
|
0.016
|
34
|
-
|
-
|
|
Nonylphenol
|
1044-05-1
|
28
|
6.6
|
|
Parathion
|
56-38-2
|
-
|
-
|
0.065
|
0.013
|
|
Pentachloroben-zene
|
608-93-5
|
1.4
|
1.5
|
-
|
-
|
|
Pentachlorophenol
|
87-65-5
|
0.27
|
3.0
|
e(1.005(pH)-4.869)
|
e(1.005(pH)-5.134)
|
|
Phenol10
|
108-95-2
|
21,000
|
860,000
|
-
|
-
|
|
Polychlorinated Biphenyls (PCBs)
|
N/A
|
0.00006 4
|
0.000064
|
-
|
0.014
|
|
Pyrene
|
129-00-0
|
830
|
4,000
|
-
|
-
|
|
Selenium
|
7782-49-2
|
170
|
4,200
|
5.011
8.612,13
11.313,14
|
|
Silver
|
7440-22-4
|
-
|
-
|
e(1.72(ln
Hard*)-6.59)
|
-
|
|
Sulfate
|
14808-79-8
|
250,000
|
-
|
-
|
-
|
|
Hydrogen Sulfide, Undissociated
|
7783-06-4
|
-
|
-
|
-
|
2.0
|
|
Tetrachloroethylene
|
127-18-4
|
0.69
|
3.3
|
-
|
-
|
|
Thallium
|
7440-28-0
|
0.24
|
0.47
|
-
|
-
|
|
Toluene
|
108-88-3
|
1300
|
15,000
|
-
|
-
|
|
Total Dissolved Solids
|
N/A
|
250,000
|
-
|
-
|
-
|
|
Toxaphene
|
8001-35-2
|
0.00028
|
0.00028
|
0.73
|
0.0002
|
|
Tributyltin (TBT)
|
688-73-3
|
0.46
|
0.072
|
|
Trichloroethylene
|
79-01-6
|
2.5
|
30
|
-
|
-
|
|
Vinyl Chloride
|
75-01-4
|
0.025
|
2.4
|
-
|
-
|
|
Zinc
|
7440-66-6
|
7,400
|
26,000
|
e(0.8473(ln
Hard*)+0.884)
|
e(0.8473(ln
Hard*)+0.884)
|
|
1,1-dichloroethylene
|
75-35-4
|
330
|
7100
|
-
|
-
|
|
1,1,1-trichloroethane
|
71-55-6
|
200
|
-
|
-
|
-
|
|
1,1,2-trichloroethane
|
79-00-5
|
0.59
|
16
|
-
|
-
|
|
1,1,2,2-tetrachloroethane
|
79-34-5
|
0.17
|
4.0
|
-
|
-
|
|
1,2-dichlorobenzene
|
95-50-1
|
420
|
1300
|
-
|
-
|
|
1,2-dichloroethane
|
107-06-2
|
0.38
|
37
|
-
|
-
|
|
1,2-dichloropropane
|
78-87-5
|
0.50
|
15
|
-
|
-
|
|
1,2-diphenylhydrazine
|
122-66-7
|
0.036
|
0.20
|
-
|
-
|
|
1,2-trans-dichloroethylene
|
156-60-5
|
140
|
10,000
|
-
|
-
|
|
1,2,4-trichlorobenzene
|
120-82-1
|
35
|
70
|
-
|
-
|
|
1,2,4,5-tetrachlorobenzene
|
95-94-3
|
0.97
|
1.1
|
-
|
-
|
|
1,3-dichlorobenzene
|
541-73-1
|
320
|
960
|
-
|
-
|
|
1,3-dichloropropene
|
542-75-6
|
0.34
|
21
|
-
|
-
|
|
1,4-dichlorobenzene
|
106-46-7
|
63
|
190
|
-
|
-
|
|
2-chloronaphthalene
|
91-58-7
|
1,000
|
1,600
|
-
|
-
|
|
2-chlorophenol
|
95-57-8
|
81
|
150
|
-
|
-
|
|
2-methyl-4,6-dinitrophenol
|
534-52-1
|
13
|
280
|
-
|
-
|
|
2,3,7,8-TCDD (Di-oxin)
|
1746-01-6
|
5.0 E - 9
|
5.1 E - 9
|
-
|
-
|
|
2,4-D
|
94-75-7
|
100
|
-
|
-
|
-
|
|
2,4-dichlorophenol
|
120-83-2
|
77
|
290
|
-
|
-
|
|
2,4-dimethylphenol
|
105-67-9
|
380
|
850
|
-
|
-
|
|
2,4-dinitrophenol
|
51-28-5
|
69
|
5,300
|
-
|
-
|
|
2,4-dinitrotoluene
|
121-14-2
|
0.11
|
3.4
|
-
|
-
|
|
2,4,5-TP (Silvex)
|
93-72-1
|
10
|
-
|
-
|
-
|
|
2,4,5-trichlorophenol
|
95-95-4
|
1,800
|
3,600
|
-
|
-
|
|
2,4,6-trichlorophenol
|
88-06-2
|
1.4
|
2.4
|
-
|
-
|
|
3,3'-dichlorobenzidine
|
91-94-1
|
0.021
|
0.028
|
-
|
-
|
|
4,4'-DDD
|
72-54-8
|
0.00031
|
0.00031
|
-
|
-
|
|
4,4'-DDE
|
72-55-9
|
0.00022
|
0.00022
|
-
|
-
|
|
4,4'-DDT
|
50-29-3
|
0.00022
|
0.00022
|
1.1
|
0.001
|
1 CAS = Chemical Abstracts
Service.
2 Water quality criteria in ng/L
unless reported in different units.
3 Metal concentrations shall be
total recoverable metals to be measured in an unfiltered sample, unless it can
be demonstrated that a more appropriate analytical technique is available that
provides a measurement of that portion of the metal present which causes
toxicity to aquatic life. An applicant for a Clean Water Act Section 402 permit
may request site-specific copper aquatic life criteria using the Copper Biotic
Ligand Model established in Aquatic Life Ambient Freshwater Quality
Criteria-Copper, EPA, February 2007.
4 DWS = Domestic Water Supply
Source.
5 Fish = protecting human health
regarding fish consumption.
6 Acute criteria = protective of
aquatic life based on one (1) hour exposure that does not exceed the criterion
for a given pollutant.
7 Chronic = protective of aquatic
life based on ninety-six (96) hour exposure that does not exceed the criterion
of a given pollutant more than once every three (3) years on the
average.
8 The chronic criterion for iron
shall not exceed three and five tenths (3.5) mg/L (thirty-five hundred ng/L) if
aquatic life has not been shown to be adversely affected.
9 This value is the concentration in
fish or shellfish tissue (wet weight).
10 Section 2 of this administrative
regulation also contains a criterion for phenol.
11 If fish tissue data are
available, fish tissue data shall take precedence over water column
data.
12 This value is the concentration
in micrograms/g (dry weight) of whole fish tissue.
13 A concentration of five and zero
tenths (5.0) ng/L or greater selenium in the water column shall trigger further
sampling and analysis of whole-body fish tissue or alternately of fish
fillet.
14 This value is the concentration
in ng/g (dry weight) of skinless, boneless fish fillet, which may be analyzed
instead of whole body tissue if predator or bottom-feeding fish exceed twelve
(12) inches in length.
*Hard = Hardness as mg/L
CaCO3.
(2) The following additional
criteria for
radionuclides shall apply for
Domestic Water Supply use:
(a) The gross total alpha particle activity,
including radium-226 but excluding radon and uranium, shall not exceed fifteen
(15) pCi/L;
(b) Combined radium-226
and radium-228 shall not exceed five (5) pCi/L. Specific determinations of
radium-226 and radium-228 are not necessary if dissolved gross alpha particle
activity does not exceed five (5) pCi/L;
(c) The concentration of total gross beta
particle activity shall not exceed fifty (50) pCi/L;
(d) The concentration of tritium shall not
exceed 20,000 pCi/l;
(e) The
concentration of total Strontium-90 shall not exceed eight (8) pCi/L;
and
(f) The concentration of
uranium shall not exceed thirty (30) ng/l.
Section 7. Recreational Waters.
(1) Primary contact recreation water. The
following
criteria shall apply to waters designated as primary contact
recreation use during the primary contact recreation season of May 1 through
October 31:
(a) Escherichia coli content shall
not exceed 130 colonies per 100 ml as a geometric mean based on not less than
five (5) samples taken during a thirty (30) day period. Content also shall not
exceed 240 colonies per 100 ml in twenty (20) percent or more of all samples
taken during a thirty (30) day period for for Escherichia coli. Fecal coliform
criteria listed in subsection (2)(a) of this section shall apply during the
remainder of the year;
(b) pH shall
be between six and zero-tenths (6.0) to nine and zero-tenths (9.0) and shall
not change more than one and zero-tenths (1.0) pH unit within this range over a
period of twenty-four (24) hours; and
(c)
1. PCR
criteria may be suspended in
CSO receiving waters during
CSO events for a
duration determined by the cabinet-approved Long-Term Control Plan as
established in
401
KAR 5:005 and the facility
KPDES permit; if:
a. An exception to
criteria is approved:
(i) In accordance with Section 10 or 11 of
this administrative regulation; and
(ii) Consistent with
40 C.F.R.
131.14; or
b. A redesignation pursuant to a use
attainability analysis has been approved:
2. A table of
CSO-impacted waters for which a
suspension of the Primary Contact Recreation has been approved shall be located
in
401 KAR
10:026.
(2) Secondary contact recreation water. The
following
criteria shall apply to waters designated for secondary contact
recreation use during the entire year:
(a)
Fecal coliform content shall not exceed 1,000 colonies per 100 ml as a thirty
(30) day geometric mean based on not less than five (5) samples; nor exceed
2,000 colonies per 100 ml in twenty (20) percent or more of all samples taken
during a thirty (30) day period;
(b) pH shall be between six and zero-tenths
(6.0) to nine and zero-tenths (9.0) and shall not change more than one and
zero-tenths (1.0) pH unit within this range over a period of twenty-four (24)
hours;
(c)
1. SCR
criteria may be suspended in
CSO
receiving waters during
CSO events for a duration determined by the
cabinet-approved Long-Term Control Plan as established in
401
KAR 5:005 and the facility
KPDES permit; if:
a. An exception to
criteria is approved:
(i) In accordance with Section 10 or 11 of
this administrative regulation; and
(ii) Consistent with
40 C.F.R.
131.14; or
b. A redesignation pursuant to a use
attainability analysis has been approved:
2. A table of
CSO-impacted waters for which a
suspension of the Secondary Contact Recreation
criteria has been approved shall
be located in
401 KAR
10:026.
Section 8. Outstanding State Resource Waters.
This designation category includes certain unique waters of the commonwealth.
(1) Water for inclusion.
(a) Automatic inclusion. The following
surface waters shall automatically be included in this category:
1. Waters designated pursuant to the Kentucky
Wild Rivers Act,
KRS 146.200 through
146.360;
2. Waters designated pursuant to the Federal
Wild and Scenic Rivers Act,
16 U.S.C.
1271-
1287;
and
3. Waters that support
federally recognized endangered or threatened species pursuant to the
Endangered Species Act of 1973, as amended,
16
U.S.C.
1531-
1544.
(b) Permissible consideration. Other
surface
waters shall be considered for inclusion in this category if:
1. The surface waters flow through or are
bounded by state or federal forest land, or are of exceptional aesthetic or
ecological value or are within the boundaries of national, state, or local
government parks, or are a part of a unique geological, natural, or historical
area recognized by state or federal designation; or
2. The surface water is a component part of
an undisturbed or relatively undisturbed watershed that can provide basic
scientific data and possess outstanding water quality characteristics, or
fulfill two (2) of the following conditions:
a. Support a diverse or unique native aquatic
flora or fauna;
b. Possess physical
or chemical characteristics that provide an unusual and uncommon aquatic
habitat; or
c. Provide a unique
aquatic environment within a physiographic region.
(2) Outstanding state
resource waters protection. The
water quality criteria for protection of an
OSRW shall be as established in paragraphs (a) through (d) of this section.
(a) At a minimum, the
criteria of Section 2
and Table 1 of Section 6 of this administrative regulation and the appropriate
criteria associated with the stream use designation assignments in
401 KAR
10:026, shall be applicable to these waters.
(b) Outstanding state resource waters that
are listed as Exceptional Waters in
401 KAR
10:030, Section 1(2) shall have dissolved oxygen
maintained at a minimum concentration of six and zero-tenths (6.0)
mg/L as a
twenty-four (24) hour average and an instantaneous minimum concentration of not
less than five and zero-tenths (5.0)
mg/L.
(c)
1.
Existing water quality and habitat shall be maintained and protected in those
waters designated as outstanding state resource waters that support federally
threatened and endangered species of aquatic organisms, unless the cabinet
determines that lowering water quality or a habitat modification will not have
an adverse effect on the threatened or endangered species that the water
supports.
2. If the basis of the
Outstanding State Resource Water designation depends on or relates to instream
water quality, the cabinet shall:
a. Review
existing water quality criteria to determine if additional criteria or more
stringent criteria are necessary to protect the water; and
b. Evaluate the need to develop additional
data upon which to base the determination.
3. If the cabinet determines that more
stringent instream
water quality criteria are necessary to protect the basis of
the
Outstanding State Resource Water designation as established in paragraph 2
of this subsection, those additional protective
criteria shall not be effective
until the cabinet lists those
criteria with the respective waterbody in
401 KAR
10:026..
(3) Determination of designation.
(a) A person may present a proposal to
designate certain waters pursuant to this section. Documentation requirements
in support of an
outstanding state resource water proposal shall contain those
elements outlined in
401 KAR
10:026, Section 3(3)(a) through (h).
(b)
1. The
cabinet shall review the proposal and supporting documentation to determine if
the proposed waters qualify as outstanding state resource waters within the
conditions established by this administrative regulation.
2. The cabinet shall document the
determination to deny or to propose redesignation, and a copy of the decision
shall be served upon the petitioner and other interested
parties.
(c) After
considering all of the pertinent data, a redesignation, if appropriate, shall
be made pursuant to
401 KAR
10:026.
Section 9. Water Quality Criteria for the
Main Stem of the Ohio River.
(1) The water
quality standards established in this Chapter provide for the protection of the
designated uses of the Ohio River with consideration of the uses and water
quality criteria established in the Pollution Control Standards of the Ohio
River Valley Water Sanitation Compact. The criteria established in this Section
shall apply to the main stem of the Ohio River from its juncture with the Big
Sandy River at River Mile 317.1 to its confluence with the Mississippi River,
and shall not be exceeded.
(2)
These waters shall be subject to all applicable provisions of
401 KAR
10:001,
401 KAR
10:026,
401 KAR
10:029,
401 KAR
10:030, and this administrative regulation, except
in-stream concentrations of dissolved oxygen shall:
(a) Average at least five and zero-tenths
(5.0) mg/L per calendar day; and
(b) Shall not be less than four and
zero-tenths (4.0) mg/L except during the April 15 - June 15 spawning season
when a minimum of five and one-tenth (5.1) mg/L shall be maintained.
Section 10. Exceptions
to
Criteria for Specific
Surface Waters.
(1)
The cabinet may grant exceptions to the criteria contained in Sections 2, 4, 6,
7, 8, and 9 of this administrative regulation for specific surface water upon
demonstration by an applicant that maintenance of applicable water quality
criteria is not attainable or scientifically valid but the use designation is
still appropriate.
(2) The analysis
shall show that the
water quality criteria cannot be reasonably achieved,
either on a seasonal oryear-round basis due to natural conditions or
site-specific factors differing from the conditions used to derive
criteria in
Sections 2, 4, 6, 7, 8, and 9 of this administrative regulation.
(a) Site-specific criteria shall be developed
by the applicant utilizing toxicity tests, indicator organisms, and application
factors that shall be consistent with those outlined in Chapter 3 of Water
Quality Standards Handbook, EPA, 2017.
(b) In addition, an applicant shall supply
the documentation established in
401 KAR
10:026, Section 3 and
40 C.F.R.
131.14(b).
(c) The documentation required by
subparagraph (b) shall be subject to the public notice and comment requirements
established in 40 C.F.R.
130.20(b) and
131.14.
(3) An exception to criteria
listed in Table 1 of Section 6 of this administrative regulation for the
protection of human health from the consumption of fish tissue may be granted
if it is demonstrated that natural, ephemeral, intermittent, or low flow
conditions or water levels preclude the year-round support of a fishery, unless
these conditions may be compensated for by the discharge of sufficient volume
of effluent discharges.
(4) Before
granting an exception to water quality criteria, the cabinet shall ensure the
maintenance of downstream water quality and that the variance shall not
preclude the attainment of designated uses of downstream surface
waters.
(5)
(a) All exceptions to water quality criteria
shall be subject to reevaluation at least every five (5) years.
(b) If reevaluation results are not
submitted, the exception to criteria shall no longer be the applicable water
quality standard for the purposes of this administrative regulation and the
federal Clean Water Act.
(6) Exceptions to
water quality criteria
shall be adopted as an administrative regulation by listing them with the
respective surface water in
401 KAR
10:026.
Section 11. Exceptions to
Criteria for
Individual Dischargers.
(1) An exception to
criteria may be granted to an individual discharger based on a demonstration by
the discharger, that
KPDES permit compliance with existing instream
criteria
cannot be attained because of factors specified in
401 KAR
10:026, Section 2(4)(a) through (f) and
40 C.F.R.
131.14(b)(1)(A)(1) through
(3).
(2) The demonstration shall include:
(a) An assessment of alternative pollution
control strategies and biological assessments that indicated designated uses
are being met; and
(b) The
documentation established in
40 C.F.R.
131.14(b).
(3) Before granting an exception to water
quality criteria, the cabinet shall ensure the maintenance of downstream water
quality and that the variance shall not preclude the attainment of designated
uses of downstream surface waters.
(4)
(a) All
exceptions shall be submitted to the cabinet for reevaluation at least every
five (5) years.
(b) Upon review,
the discharger shall demonstrate to the cabinet the effort the discharger made
to reduce the pollutants in the discharge to levels that would achieve existing
applicable water quality criteria.
(c) If reevaluation results are not
submitted, the exception to criteria shall no longer be the applicable water
quality standard for the purposes of this administrative regulation and the
federal Clean Water Act.
(5) The highest level of effluent quality
that can be economically and technologically achieved shall be ensured while
the exception is in effect.
(6)
Exceptions to
criteria for individual discharges shall be subject to the public
participation requirements as established in
40 C.F.R.
131.20(b).
Section 12. Compliance Schedules.
(1) The cabinet may allow a compliance
schedule to give a permittee time to comply with water quality based effluent
limitations that derive from and comply with water quality standards.
(2) Compliance schedules shall be as
established in
40 C.F.R.
122.47.
Section 13. Incorporation by Reference.
(1) The following material is incorporated by
reference:
(a) "Water Quality Standards
Handbook-Chapter 3", EPA 2017, Publication No. EPA-823-B-17-001, U.S.
Environmental Protection Agency, Office of Water, Washington, D.C.;
(b) "Interim Economic Guidance for Water
Quality Standards Workbook", March 1995, Publication EPA-823-B-95-002, U.S.
Environmental Protection Agency, Office of Water, Washington, D.C.;
and
(c) "Aquatic Life Ambient
Freshwater Quality Criteria-Copper", EPA, February 2007, Publication No. EPA
822-R-07-001, U.S. Environmental Protection Agency, Office of Water, Washington
D.C.
(2) This material
may be inspected, copied, or obtained, subject to applicable copyright law, at
the Division of Water, 300 Sower Boulevard, Frankfort, Kentucky 40601, Monday
through Friday, 8 a.m. to 4:30 p.m.
