391-3-6-.03 Water Use Classifications And Water Quality .

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391-3-6-.03 Water Use Classifications and Water Quality Standards.*(1)Purpose. The establishment of water quality standards.(2)Water Quality Enhancement:(a)The purposes and intent of the State in establishing Water Quality Standards are toprovide enhancement of water quality and prevention of pollution; to protect the publichealth or welfare in accordance with the public interest for drinking water supplies,conservation of fish, wildlife and other beneficial aquatic life, and agricultural, industrial,recreational, and other reasonable and necessary uses and to maintain and improve thebiological integrity of the waters of the State.(b)(i)Existing instream water uses and the level of water quality necessary to protect theexisting uses shall be maintained and protected.(ii)Where the quality of the waters exceed levels necessary to support propagation of fish,shellfish, and wildlife and recreation in and on the water, that quality shall be maintainedand protected unless the division finds, after full satisfaction of the intergovernmentalcoordination and public participation provisions of the division’s continuing planningprocess, that allowing lower water quality is necessary to accommodate importanteconomic or social development in the area in which the waters are located. In allowingsuch degradation or lower water quality, the division shall assure water quality adequateto protect existing uses fully. Further, the division shall assure that there shall beachieved the highest statutory and regulatory requirements for all new and existing pointsources and all cost-effective and reasonable best management practices for nonpointsource control.(c)Outstanding National Resource Waters (ONRW). This designation will be considered foran outstanding national resource waters, such as waters of National or State parks andwildlife refuges and waters of exceptional recreational or ecological significance. Forwaters designated as ONRW, existing water quality shall be maintained and protected.(i)No new point source discharges or increases in the discharge of pollutants abovepermitted level from existing point source discharges to ONRW shall be allowed.(ii)Existing point source discharges to ONRW shall be allowed, provided they are treated orcontrolled in accordance with applicable laws and regulations.(iii)New point source discharges or expansions of existing point source discharges towaters upstream of, or tributary to, ONRW shall be regulated in accordance withapplicable laws and regulations, including compliance with water quality criteria for theuse classification applicable to the particular water. However, no new point sourcedischarge or expansion of an existing point source discharge to waters upstream of, ortributary to, ONRW shall be allowed if such discharge would not maintain and protectwater quality within the ONRW.(d)In applying these policies and requirements, the Division will recognize and protect theinterest of the Federal Government in interstate and intrastate (including coastal andestuarine) waters. Toward this end the Division will consult and cooperate with theEnvironmental Protection Agency on all matters affecting the Federal interest.(e)In those cases where potential water quality impairment associated with a thermaldischarge is involved, the division’s actions shall be consistent with Section 316 of theFederal Clean Water Act.

(f)Variance. Variances are a temporary modification to the designated use and associatedcriteria. Variances may be written for a specific geographic area, pollutant, or source.The State may issue variances that can provide relief to a permittee while they upgradetheir facility to meet the standard. Variances are based on a use attainabilitydemonstration, which requires a scientific assessment of factors affecting the attainmentof a standard. Variances target achievement of the highest attainable water qualitystandard, must be reviewed every three years, and do not allow for a reduction intreatment efforts. Before a variance to a water quality standard is applied to a permitteddischarger or to a waterbody, it must be demonstrated that one of the following factorshas been satisfied:(i)Naturally occurring pollutant concentrations prevent the attainment of the use; or(ii)Natural, ephemeral, intermittent or low flow conditions or water levels prevent theattainment of the use, unless these conditions may be compensated for by the dischargeof sufficient volume of effluent discharges without violating Georgia’s water conservationrequirements to enable uses to be met; or(iii)Human caused conditions or sources of pollution prevent the attainment of the use andcannot be remedied or would cause more environmental damage to correct than toleave in place, or(iv)Dams, diversions or other types of hydrologic modifications preclude the attainment ofthe use, and it is not feasible to restore the water body to its original condition or tooperate such modification in a way that would result in the attainment of the use; or(v)Physical conditions related to the natural features of the water body such as the lack of aproper substrate, cover, flow, depth, pools, riffles, and the like, unrelated to water quality,preclude attainment of aquatic life protection uses; or(vi)Controls more stringent than those required by sections 301(b) and 306 of the CleanWater Act would result in substantial and widespread economic and social impact.(g)Removal of a Designated Use. The State may remove a designated use which is not anexisting use, as defined in 40 CFR 131.3, or establish sub-categories of a use if theState can demonstrate that attaining the designated use is not feasible. This is donethrough a use attainability analysis. The use attainability analysis is a scientificassessment of factors affecting the attainment of a use and may include physical,chemical, biological and/or economic factors.A detailed analysis is requireddemonstrating that certain conditions are met indicating that the designated use cannotbe met and should be removed. The use attainability analysis should be conducted inaccordance with the US EPA Technical Support Manual: Waterbody Surveys andAssessments for Conducting Use Attainability Analyses and /or any State guidancedocuments. The factors that can be used are as follows:(i)Naturally occurring pollutant concentrations prevent the attainment of the use; or(ii)Natural, ephemeral, intermittent or low flow conditions or water levels prevent theattainment of the use, unless these conditions may be compensated for by the discharge

of sufficient volume of effluent discharges without violating Georgia’s water conservationrequirements to enable uses to be met; or(iii)Human caused conditions or sources of pollution prevent the attainment of the use andcannot be remedied or would cause more environmental damage to correct than toleave in place, or(iv)Dams, diversions or other types of hydrologic modifications preclude the attainment ofthe use, and it is not feasible to restore the water body to its original condition or tooperate such modification in a way that would result in the attainment of the use; or(v)Physical conditions related to the natural features of the water body such as the lack of aproper substrate, cover, flow, depth, pools, riffles, and the like, unrelated to water quality,preclude attainment of aquatic life protection uses; or(vi)Controls more stringent than those required by sections 301(b) and 306 of the CleanWater Act would result in substantial and widespread economic and social impact.*Applicable to Intrastate and Interstate Waters of Georgia.(3)Definitions. All terms used in this paragraph shall be interpreted in accordance withdefinitions as set forth in the Act and as otherwise herein defined:(a)“Acute criteria” corresponds to EPA’s definition for Criteria Maximum Concentrationwhich is defined in 40 CFR 131.36 as the highest concentration of a pollutant to whichaquatic life can be exposed for a short period of time (1-hour average) withoutdeleterious effects.(b)"Biological integrity" is functionally defined as the condition of the aquatic communityinhabiting least impaired waterbodies of a specified habitat measured by communitystructure and function.(c)“Chronic criteria” corresponds to EPA’s definition for Criteria Continuous Concentrationwhich is defined in 40 CFR 131.36 as the highest concentration of a pollutant to whichaquatic life can be exposed for an extended period of time (4 days) without deleteriouseffects.(d)"Coastal waters" are those littoral recreational waters on the ocean side of the Georgiacoast.(e)"Existing instream water uses" include water uses actually attained in the waterbody onor after November 28, 1975.(f)"Intake temperature" is the natural or background temperature of a particular waterbodyunaffected by any man-made discharge or thermal input.(g)“Critical conditions” are the collection of conditions for a particular waterbody used todevelop Total Maximum Daily Loads (TMDLs), determine NPDES permit limits, orassess the protection of water quality standards. The Division considers appropriatecritical conditions to represent the event that would occur once in ten years on theaverage or less often, unless otherwise stated.(h)“Natural conditions” are the collection of conditions for a particular waterbody used todevelop numeric criteria for water quality standards which are based on naturalconditions. This is commonly the case for temperature and natural dissolved oxygen

standards. For this purpose the Division defines “natural conditions” as those that wouldremain after removal of all point sources and water intakes, would remain after removalof man made or induced nonpoint sources of pollution, but may include irretrievableeffects of man’s activities, unless otherwise stated. Natural conditions shall bedeveloped by an examination of historic data, comparisons to reference watersheds,application of mathematical models, or any other procedure deemed appropriate by theDirector.(i)Naturally variable parameters. It is recognized that certain parameters includingdissolved oxygen, pH, bacteria, turbidity and water temperature, vary through a givenperiod of time (such as daily or seasonally) due to natural conditions. Assessment ofState waters may allow for a 10% excursion frequency for these parameters.(j)"Reasonable and necessary uses" means drinking water supplies, conservation,protection, and propagation of fish, shellfish, wildlife and other beneficial aquatic life,agricultural, industrial, recreational, and other legitimate uses.(k)"Secondary contact recreation" is incidental contact with the water, wading, andoccasional swimming.(l)"Shellfish" refers to clams, oysters, scallops, mussels, and other bivalve mollusks.(m)Significant Figures. The number of "Significant Figures" represented in numeric criteriaare the number of figures or digits that have meaning as estimated from the accuracyand precision with which the quantity was measured and the data were rounded off.Technical guidance on significant figures, including rules for rounding off followingmathematical operations, is provided in the publication entitled Standard Methods for theExamination of Water and Wastewater, in “Part 1050 Expression of Results, B.Significant Figures” (American Public Health Association (APHA), American WaterWorks Association (AWWA), and Water Environment Federation (WEF); 18th, 19th, 20th,or subsequent Editions).(n)"Water" or "waters of the State" means any and all rivers, streams, creeks, branches,lakes, reservoirs, ponds, drainage systems, springs, wells, wetlands, and all otherbodies of surface or subsurface water, natural or artificial, lying within or forming a partof the boundaries of the State which are not entirely confined and retained completelyupon the property of a single individual, partnership, or corporation.(o)“Areas where salt, fresh and brackish waters mix" are those areas on the coast ofGeorgia having a salinity of 0.5 parts per thousand and greater. This includes all of thecreeks, rivers, and sounds of the coastal area of Georgia and portions of the Savannah,Ogeechee, Altamaha, Satilla and St. Marys Rivers where those rivers flow into coastalsounds. Mixing areas are generally maintained by seawater transported through thesounds by tide and wind which is mixed with fresh water supplied by land runoff,subsurface water and river flow. Mixing areas have moving boundaries based upon butnot limited to river stage, rainfall, moon phase and water use. (For the purposes of thisrule salinity shall be analyzed by in situ measurement using a properly calibrated multiparametric probe connected by hard line to a deck display or by measuring electricalconductivity according to one of the methods specified in Title 40, Code of FederalRegulations, Part 136 and applying the guidance for conversion to salinity in the samevolume. Collection of salinity samples must consider riverflow, precipitation, tidalinfluences and other variables of the estuarine environment and must conform to theNational Coastal Assessment-Quality Assurance Project Plan 2001-2004 (EPA/620/R01/002). Measurements at each sampling location must be made in a distribution in the

water column according to the Quality Assurance Project Plan, with the minimumobservations at each station including surface, mid-depth and near-bottom readings. Insitu salinity analysis must comply with the Quality Assurance Project Plan and themanufacturer's guidance for the specific instrument used).(4)Water Use Classifications. Water use classifications for which the criteria of thisParagraph are applicable are as follows:(a)(b)(c)(d)(e)(f)Drinking Water SuppliesRecreationFishing, Propagation of Fish, Shellfish, Game and Other Aquatic LifeWild RiverScenic RiverCoastal Fishing(5) General Criteria for All Waters. The following criteria are deemed to be necessary andapplicable to all waters of the State:(a)All waters shall be free from materials associated with municipal or domestic sewage,industrial waste or any other waste which will settle to form sludge deposits that becomeputrescent, unsightly or otherwise objectionable.(b)All waters shall be free from oil, scum and floating debris associated with municipal ordomestic sewage, industrial waste or other discharges in amounts sufficient to beunsightly or to interfere with legitimate water uses.(c)All waters shall be free from material related to municipal, industrial or other dischargeswhich produce turbidity, color, odor or other objectionable conditions which interfere withlegitimate water uses.(d)Turbidity. The following standard is in addition to the narrative turbidity standard inParagraph 391-3-6-.03(5)(c) above: All waters shall be free from turbidity which results ina substantial visual contrast in a water body due to a man-made activity. The upstreamappearance of a body of water shall be as observed at a point immediately upstream of aturbidity-causing man-made activity. That upstream appearance shall be compared to apoint which is located sufficiently downstream from the activity so as to provide anappropriate mixing zone. For land disturbing activities, proper design, installation, andmaintenance of best management practices and compliance with issued permits shallconstitute compliance with Paragraph 391-3-6-.03(5)(d).(e) All waters shall be free from toxic, corrosive, acidic and caustic substances dischargedfrom municipalities, industries or other sources, such as nonpoint sources, in amounts,concentrations or combinations which are harmful to humans, animals or aquatic life.(i)Instream concentrations of the following chemical constituents which are considered to beother toxic pollutants of concern in the State of Georgia shall not exceed the criteriaindicated below under 7-day, 10-year minimum flow (7Q10) or higher stream flowconditions except within established mixing zones:1. 2,4-Dichlorophenoxyacetic acid (2,4-D)2. Methoxychlor3. 2,4,5-Trichlorophenoxy propionic acid (TP Silvex)70 g/L0.03 g/L*50 g/L

(ii)Instream concentrations of the following chemical constituents listed by the U.S.Environmental Protection Agency as toxic priority pollutants pursuant to Section 307(a)(1)of the Federal Clean Water Act (as amended) shall not exceed the acute criteria indicatedbelow under 1-day, 10-year minimum flow (1Q10) or higher stream flow conditions andshall not exceed the chronic criteria indicated below under 7-day, 10-year minimum flow(7Q10) or higher stream flow conditions except within established mixing zones or inaccordance with site specific effluent limitations developed in accordance with procedurespresented in 391-3-6-.06. Unless otherwise specified, the criteria below are listed in theirtotal recoverable form. Because most of the numeric criteria for the metals below are listedas the dissolved form, total recoverable concentrations of metals that are measuredinstream will need to be translated to the dissolved form in order to compare the instreamdata with the numeric criteria. This translation will be performed using guidance found in“Guidance Document of Dynamic Modeling and Translators August 1993" found inAppendix J of EPA’s Water Quality Standards Handbook: Second Edition, EPA-823-B-94005a or by using other appropriate guidance from EPA.Arsenic(a) Freshwater(b) Coastal and Marine Estuarine Waters2. Cadmium(a) Freshwater(b) Coastal and Marine Estuarine Waters3. Chromium III(a) Freshwater(b) Coastal and Marine Estuarine Waters4. Chromium VI(a) Freshwater(b) Coastal and Marine Estuarine Waters5. Copper(a) Freshwater(b) Coastal and Marine Estuarine Waters6. Lead(a) Freshwater(b) Coastal and Marine Estuarine Waters7. Mercury(a) Freshwater(b) Coastal and Marine Estuarine Waters8. Nickel(a) Freshwater(b) Coastal and Marine Estuarine Waters9. Selenium(a) Freshwater(b) Coastal and Marine Estuarine Waters10. Silver11. Zinc(a) Freshwater(b) Coastal and Marine Estuarine WatersAcuteChronic340 g/L 169 g/L 1150 g/L 136 g/L 11.0 g/L 1, 340 g/L 10.15 g/L 1, 38.8 g/L 1320 g/L 1,3--42 g/L 1,3--16 g/L 11,100 g/L 111 g/L 150 g/L 17.0 g/L 1,2*,34.8 g/L 1,25.0 g/L 1,2*,33.1 g/L 1,230 g/L 1,3210 g/L 11.2 g/L 1,2*,38.1 g/L 11.4 g/L1.8 g/L0.012 g/L 20.025 g/L 2260 g/L 1,374 g/L 129 g/L 1,38.2 g/L 1-290 g/L 1-- 45.0 g/L71 g/L 1-- 465 g/L 1,390 g/L 165 g/L 1,381 g/L 11.

12. Lindane [Hexachlorocyclohexane (g-BHC-Gamma)](a) Freshwater(b) Coastal and Marine Estuarine Waters0.95 g/L0.16 g/L1The in-stream criterion is expressed in terms of the dissolved fraction in the water column.Conversion factors used to calculate dissolved criteria are found in the EPA document –National Recommended Water Quality Criteria – EPA 2006.2The in-stream criterion is lower than the EPD laboratory detection limits (A “*” indicates thatthe criterion may be higher than or lower than EPD laboratory detection limits depending uponthe hardness of the water).3The freshwater aquatic life criteria for these metals are expressed as a function of totalhardness (mg/L) in a water body. Values in the table above assume a hardness of 50 mg/LCaCO3. For other hardness values, the following equations from the EPA document – NationalRecommended Water Quality Criteria – EPA 2006 should be used.Cadmiumacute criteria (e (1.0166[ln(hardness)] – 3.924 ) )(1.136672-[(ln hardness)(0.041838)] g/Lchronic criteria (e ( 0.7409[ln(hardness)] – 4.719) )(1.101672-[(ln hardness)(0.041838)] g/LChromium IIIacute criteria (e (0.8190[ln(hardness)] 3.7256) )(0.316) g/Lchronic criteria (e (0.8190[ln(hardness)] 0.6848) )(0.860) g/LCopperacute criteria (e (0.9422[ln(hardness)] - 1.700) )(0.96) g/Lchronic criteria (e (0.8545[ln(hardness)] - 1.702) )(0.96) g/LLeadacute criteria (e (1.273[ln(hardness) - 1.460) )(1.46203 - [(ln hardness)(0.145712)]) g/Lchronic criteria (e (1.273[ln(hardness) - 4.705) )(1.46203 - [(ln hardness)(0.145712)]) g/LNickelacute cr

391-3-6-.03 Water Use Classifications and Water Quality Standards.* (1) Purpose. The establishment of water quality standards. (2) Water Quality Enhancement: (a) The purposes and intent of the State in establishing Water Quality Standards are to . The State may remove a designated use which is not an existing use, as defined in 40 CFR 131.3 .

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