905R80106
United States
Environmental Protection
Agency
Gieat Lakes National
Program Office
536 South Clark Street
Chicago, Illinois 60605
June, 1980
Comparison Of The
1978 Great Lakes
Water Quality Agreement
Water Quality Objectives
To State Standards
And Ontario Objectives
Applicable To
The Great Lakes
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COMPARISON
OF
THE 1978 GREAT LAKES WATER QUALITY AGREEMENT
WATER QUALITY OBJECTIVES
TO
STATE STANDARDS AND ONTARIO OBJECTIVES
U.S. ENVIRONMENTAL PROTECTION AGENCY
GREAT LAKES NATIONAL PROGRAM OFFICE
CHICAGO, ILLINOIS
JUNE 1980
U.S. Environmental Protection Agency
Region V, Library
230 South Dearborn Street
Chicago, Illinois 60604
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U,S. Environmental Protection Agency
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II,
INTRODUCTION
This report has been developed by the Great Lakes National Program Office
to facilitate its review of the current status of state and federal water
quality requirements for the Great Lakes. A brief discussion summarizes the
water quality objective development process as referenced in the Great Lakes
Water Quality Agreement of 1978. Efforts have been made to ensure veracity
of the information contained in this report. However, if errors are noticed
we would appreciate being informed of them so corrections could be made.
We wish to thank Mr. Kent Walker of the International Joint Commissions's
Great Lakes Regional Office for his technical assistance and the clerical staff
for their work in putting together the comparison table. Mr. Paul J. Horvatin
of the Great Lakes National Program Office served as the principal author of
this report.
Madonna F. McGrath, Director
Great Lakes National Program Office
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Ill
CONTENTS
Page
INTRODUCTION i i
TABLES IV
DISCUSSION 1
REFERENCES 12
APPENDIX
1 - WATER QUALITY STANDARDS, OBJECTIVES AND CRITERIA
APPLICABLE TO THE GREAT LAKES 14
2 - MIXING ZONES 25
3 - ONTARIO DISSOLVED OXYGEN OBJECTIVE 36
4 - GREAT LAKES WATER QUALITY AGREEMENT, ANNEX 3, CONTROL
OF PHOSPHORUS 38
5 - TEMPERATURE 40
6 - TOXIC SUBSTANCES 56
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IV,
LIST OF TABLES
1 POWERS, RESPONSIBILITIES AND FUNCTION OF THE INTERNATIONAL
JOINT COMMISSION
2 STATUS OF AGREEMENT WATER QUALITY OBJECTIVES 4
3 MARCH 15, 1979 PROPOSED TOXIC POLLUTANT WATER QUALITY CRITERIA.. 8
4 JULY 25, 1979 PROPOSED TOXIC POLLUTANT WATER QUALITY CRITERIA 9
5 OCTOBER 1, 1979 PROPOSED TOXIC POLLUTANT WATER QUALITY CRITERIA.. 11
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GREAT LAKES WATER QUALITY OBJECTIVES
Article IV of the 1909 Boundary Waters Treaty between the United
States and Canada states, among other things, that "boundary waters and
waters flowing across the boundary shall not be polluted on either side
to the injury of health or property of the other.1! The 1978 Great Lakes
Water Quality Agreement is a specific application of this principle.
Articles III and IV of the 1978 Agreement set out the general and specific
water quality objectives to be met to ensure that pollution of the boundary
waters does not occur.
Water quality objectives are minimum desirable levels of water
quality to be obtained in the boundary waters of the Great Lakes System
and are not intended to preclude the establishment of more stringent
requirements. They take to account the criteria for a whole spectrum of
water uses: supplies for municipal, industrial and agricultural purposes,
recreation, aesthetic enjoyment and the propagation of aquatic life and
wildlife. Once the United States and Canada accept water quality objec-
tives, they are obligated by the Agreement to develop programs and measures
(including water quality standards) consistent with achievement of these
objectives in boundary waters of the Great Lakes. In general, water
quality objectives are goals to be maintained or achieved in all of the
boundary waters through effective pollution control programs in both countries.
Compliance with the objectives is intended to ensure protection of the
most sensitive uses of the international waters.
On the other hand, water quality standards and other legally enforce-
able regulatory requirements are prescribed levels of waters quality
established by governmental authorities in each jurisidction. They are
generically different from objectives. While water quality objectives
are developed on the sole basis of scientifically defensible data to
protect the most sensitive uses, standards and similar legal requirements
are generally established by each jurisdiction after considering the
designated uses, the site specific ecology, and the factors of social and
economic consequences as well as technological ability. For this reason,
standards are not necessarily identical to water quality objectives.
HOW WATER QUALITY OBJECTIVES ARE ESTABLISHED
Under Article VII of the 1978 Agreement (Table 1), the International
Joint Commission was designated to assist in the implementation of the
Agreement. Among the responsibilities given to the Commission was the
"tendering of advice and recommendations to the Parties and to the State
and Provincial Governments on problems of and matters related to the quality
of the boundary waters of the Great Lakes System including specific recommen-
dations concerning the General and Special Objectives..." Furtner, trie
Commission was directed to establish a Great Lakes Water Duality board to
assist it and serve as principal advisor to the Commission with regard to tne
exercise of powers and responsibilities assigned to it under tne nyreement.
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TABLE 1
ARTICLE VII
POWERS, RESPONSIBILITIES AND FUNCTIONS OP THE INTERNATIONAL JOINT
COMMISSION
1. The International Joint Commission shall assist in the
implementation of this Agreement. Accordingly/ the Commission is
hereby given, by a Reference pursuant to Article IX of the
Boundary Waters Treaty, the following responsibilities:
(a) Collation, analysis and dissemination of data and
information supplied by the Parties and State and
Provincial Governments relating to the quality of the
boundary waters of the Great Lakes System and to
pollution that enters the boundary waters from
tributary waters and other sources;
(b) Collection, analysis and dissemination of data and
information concerning the General and Specific
Objectives and the operation and effectiveness of the
programs and other measures established pursuant to
this Agreement;
(c) Tendering of advice and recommendations to the Parties
and to the State and Provincial Governments on problems
of and matters related to the quality of the boundary
waters of the Great Lakes System including specific
recommendations concerning the General and Specific
Objectives, legislation, standards and other regulatory
requirements, programs and other measures, and
intergovernmental agreements relatina to the quality of
these waters;
(d) Tendering of advice and recommendations to the Parties
in connection with matters covered under the Annexes to
this Agreement;
(e) Provision of assistance in the coordination of the
joint activities envisaged by this Agreement;
(f) Provision of assistance in and advice on matters
related to research in the Great Lakes Basin Ecosystem,
including identification of objectives for research
activities, tendering of advice and recommendations
concerning research to the Parties and to the State and
Provincial Governments, and dissemination of
information concerning research to interested persons
and agencies;
(a) Investigations of such subjects related to the Gre?t
Lakes Basin Ecosystem as the Parties may from time to
time refer to it.
2. In the discharge of its responsibilities under this
Reference, the Commission may exercise all of the powers
conferred upon it by the Boundary Waters Treaty and by anv
legislation passed pursuant thereto including the power to
conduct public hearings and to compel the testimony of witnesses
and the production of documents.
3. The Commission shall make a full report to the Parties
and to the State and Provincial Governments no l«ss frequently
than bienniallv concerning progress toward the achievement of the
General and Soecifie Objectives including, as aooropnats,
matters related to Annexes to this Agreement. This report shall
include an assessment of the effectiveness of the orograms and
other measures undertaken pursuant to this Agreement, and advice
and recommendations. In alternate years the Commission may
submit a summary reoort. The Commission may at any time make
special reports to the Parties, to the State and Provincial
Governments and to the public concerning any problem of water
quality in the Great Lakes System.
4. The Commission may in its discretion publish any
report, statement or other document preoared by it in the
discnarge of its functions under this Reference.
5. The Commission shall have authority to verify
independently the data and other information submitted by tne
Parties and oy the State and Provincial Governments through sucr.
tests or other means as appear aoproonate to it, consistent witrs
tne Boundary Maters Treaty and with applicaole legislation.
6. The Commission shall carry out its responsibilities
jnder cms Reference utilizing principally the services of tne
Water Quality Board and the Science Advisory Board established
under Article VIII of this Aareement. The Commission snail also
ensure liaison and coordination between the institutions
»s:aolisfi«d under this Agreement and other institutions which sav
address concerns relevant to the Great Lakes Basin Ecosystem,
including ooth those within its purview, such as those Boards
related to Great Lakes levels and air pollution matters, and
other international bodies, as aoorODriate.
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3.
The Water Quality Board had formed a Water Quality Objectives Sub-
committee to assess the adequacy of the objectives in the 1972 Agreement
and develop new or revised objectives. This Subcommittee, together with the
Research Advisory Board's Standing Committtee on Scientific Basis for Water
Quality Criteria, proposed specific water quality objectives designed to
protect the most sensitive beneficial use of the boundary waters.
These two groups jointly reviewed all available scientific information
on each of the proposed objectives and recommended those levels that research
indicated would protect the most sensitive beneficial use. The objectives
proposed were designed to protect aquatic life or its consumers (fish, birds
and mammals), public water supply and recreational use.
The objectives were based on best available scientific information on
cause/effect relationships between pollutants and water use. The objectives
provided a refinement of the restoration, enhancement and nondegradation
principles sat forth in the Agreement.
The Water Quality Board reviewed the proposed objectives and in making
its recommendations to the International Joint Commission gave primary con-
sideration to the protection and enhancement of Great Lakes water quality.
The Board reviewed all aspects of the proposed objectives including the
practical aspects of using them as a basis for regulatory action. The Board
was aware of the fact that the dischargers and the public must bear the cost
of meeting regulatory requirements but did not use these factors in its
decisions to recommend objectives.
STATUS OF OBJECTIVES
The status of water quality objectives is shown in Table 2. The 1978
Water Quality Agreement contains 41 Specific Water Quality Objectives. Four
others (chlorine, cyanide, silver, temperature) that were previously recom-
mended to the International Joint Commission by the Water Quality Board are
being reconsidered by the Board at the request of the governments and the IJC.
A revised objective for dissolved oxygen is being reviewed by the Board.
An ecosystem objective and objectives for indicator organisms and patho-
gens, pentachlorophenol, polychlorinated dibenzodioxins and polynuclear aromat-
ic hydrocarbons are being considered.
PROCEDURES UTILIZED BY JURISDICTIONS TO CONSIDER WATER QUALITY OBJECTIVES
IN THEIR REGULATORY REQUIREMENTS
In Article V of the Agreement, the Parties agreed to use their best
efforts to ensure that water quality standards and other regulatory require-
ments will be consistent with the achievement of water quality objectives.
The following sections outline the procedures taken by each jurisdiction
towards this end.
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TABLE 2
4.
STATUS OF AGREEMENT WATER QUALITY OBJECTIVES
CONTAINED IN 1978 AGREEMENT
UNDER RECONSIDERATION
Persistent Toxic Substances
Organic
Aldrin/Dieldrin
Chlordane
DDT and Metabolites
Endrin
Heptachlor/
Heptachlor Epoxide
Lindane
Methoxychlor
Mi rex
Toxaphene
Phthalic Acid Esters
PCBs
Other Organic
Contaminants
Inorganic
Arsenic
Cadmium
Chromium
Copper
Iron
Lead
Mercury
Nickel
Selenium
Zinc
Fluoride
Total Dissolved
Solids
Non-Persistent Toxic Substances
Organic
Inorganic
Diazinon
Guthion
Parathion
Other Pesticides
Unspecified Non-Persistent
Toxic Substances and
Complex Effluents
Oil and Petrochemicals
Other Substances
Ammon i a
Hydrogen Sulfide
Dissolved Oxygen
PH
Nutrients
Tainting Substances
Physical Characteristics
Asbestos Temperature
Settleable and Suspended
Solids, & Light Transmission
Microbiological
Radioloaical
Persistent Toxic Substances
Inorganic
Silver
Non-Persistent Compounds
Organic Inorganic
Cyanide Chlorine
Physical Characteristics
Temperature
UNDER REVIEW
Dissolved Oxygen
UNDER DEVELOPMENT
Ecosystem Objective
Indicator Organisms and
Pathogens
Pentachlorophenol
Polychlorinated dib-enzo-
dioxins
Polynuclear Aromatic
Hydrocarbons
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5.
CANADA AND ONTARIO
Canada and Ontario have agreed to adopt the water quality objectives
as the minimal basis to be used by them in establishing water quality
standards or their regulatory requirements respecting the boundary waters.
They have also agreed that the objectives shall be the basis for designing
and assessing pollution abatement programs and other measures taken to
improve or maintain water quality in the Great Lakes. [From paragraph 3,
Canada-Ontario Agreement on Great Lakes Water Quality, March 1977.]
The Province of Ontario employs guidelines and criteria for water quality
management in approving the adequacy of facilities for waste discharge and
disposal. The booklet, "Water Management - Goals, Policies, Objectives and
Implementation Procedures of the Ministry of the Environment", published in
November 1978 contains a statement that "the Province has agreed that the
revised Specific Water Quality Objectives contained in the Great Lakes Water
Quality Agreement shall be used in environmental programs to achieve and
maintain Great Lakes water quality". The revision takes into account the
requirements of Article VI, Section l(b) of the 1978 Agreement, specifying
the establishment of effluent limitations for industrial facilities. Such
requirements are incorporated in Certificates of Approval for new or expanded
work, and in formal programs and control orders for existing waste dischargers.
U.S. FEDERAL GOVERNMENT AND GREAT LAKES STATES
In accordance with the Agreement, the U.S. Federal Government has
assumed the responsibility to ensure that the water quality objectives are
considered in the State Water Quality Standards review process which is
required at least once each three-year period as stipulated in Section 303
of PL 95-217, The Clean Water Act.
It is U.S. EPA's policy that water quality objectives under the Agree-
ment and water quality criteria outlined in the U.S. EPA publication
Quality Criteria for Water 1976 should be considered. In instances where
water quality objectives in the Agreement are more stringent than criteria
listed in the EPA publication, the more stringent values should be considered
for the Great Lakes waters. The approach is recommended because the U.S.
Government recognizes the Great Lakes as a unique and sensitive water body
meriting special protection.
The states conduct a technical evaluation of their water quality
standards incorporating the following steps:
0 Review the proposed water quality objectives in the Agreement
to verify their technical adequacy and achievabi1ity.
0 Compare the proposed objectives with the water quality standards
which are currently in effect.
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6.
0 Evaluate the impact of the proposed objective on present or future
wastewater dischargers to determine if the objective would result
in a change in the required level of treatment.
0 Determine if implementation of existing -water quality standards
and abatement programs would result in the achievement of water
quality consistent with the proposed objectives.
0 Evaluate the social and economic consequences of the proposed
objective.
0 Determine if the goals of the proposed objective are consistent
with the maintenance of the designated use of the waters for the
public interest.
Each state distributes, for public review, the proposed revisions to
its standards usually upon issuance of a notice for public hearing, binyle
or multiple hearings are held, depending on the area affected oy the standard
revisions, chaired by an impartial hearing officer. On the basis of comments
received, further revisions may be made. Before adoption as final standards,
legal, legislative or administrative review and approval are required. The
exact procedure for the final review will vary from state to state dependent
on administrative requirements.- In most states, water quality standards
become state law upon promulgation.
U.S. EPA reviews the proposed standards revisions concurrently with
the state prior to public hearings. Once the standards are adopted oy tne
state, they are submitted to U.S. EPA for final approval under Section 303
of The Clean Water Act. In the event that a state adopts standards not
acceptable to U.S. EPA, the Agency can promulgate standards either wholly or
in part for that state as per Section 303 of The Clean Water Act.
CURRENT STATE OF STATE WATER gUALITY STANDARDS
ILLINOIS
No changes to water quality standards proposed.
INDIANA
Revised water quality standards for Lake Michigan are currently oeiny
reviewed by U.S. EPA Region V for approval.
MICHIGAN
Proposed revisions are being prepared by the State for public neannys.
MKlilESOTA
Proposed partial revisions have been reviewed by U.S. i£?h Region V and
comments nave been submitted. State has conducted public hearing on
proposed revisions.
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7.
OHIO
U.S. EPA is preparing to promulgate water quality standards under
Section 3U3 of The Clean Water Act.
WISCONSIN
The State is reviewing their water quality standards for possible
revisions.
PENNSYLVANIA
Revised water quality standards are currently being reviewed by U.b. EPn
Region III for approval.
NEW YORK
The State is developing a process for public review of costs and benefits
of achieving various risk levels of several specific toxic criteria, uevelop-
ment of the water quality standards proposal will be based on this and an
economic impact statement which is to be developed.
WATER QUALITY OBJECTIVE COMPARISON TO JURISDICTIONAL REQUIREMENTS
Appendix 1 summarizes the numerical values and statements for parameters
referenced in the Quality Criteria for Water 1976 (Red Book), the ureat Lakes
Water Quality Agreement Water Quality Objectives, the Great Lakes States'
Water Quality Standards, and Ontario's Water Quality Objectives. As previously
discussed, oojectives and standards are not the same and any direct comparison
of the numbers is not valid. It should be noted that many state standards
were last revised prior to signing of the 1978 Water Quality Agreement.
Tables 3, 4, and 5 summarize the Federal Register Notices (March 15,
July 25 and October 1, 1979, respectively) for the proposed water quality
criteria for pollutants listed as toxic under The Clean Water Act. The criteria
were developed pursuant to Section 3U4 of the Act and in compliance with a court
order. The criteria state maximum recommended concentrations consistent with
the protection of aquatic life and human health.
A Section 304(a) water quality criterion is a qualitative or quantitative
estimate of the concentration of a water constituent or pollutant in amoient
waters which, when not exceeded, will ensure a water quality sufficient to
protect a specified water use. Under the Act a criterion is a scientific
entity, based solely on data and scientific judgment. It does not reflect
considerations of economic or technological feasibility, a criterion based
on the protection and propagation of fisn, shellfish and wildlife, for example,
is simply the best estimate informed scientists are able to make of tne maxi-
mum concentration of a given pollutant that can oe tolerated while still main-
taining protection of aquatic life. A criterion intended for tne protection
of human nealtn, by the same reasoning, is the best estimate of the concentra-
tion //hi en may exist and still not pose an undue risk to numans ,vno arinx
water without further treatment or eat fisn or shellfish from tne water.
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REFERENCES
Commonwealth of Pennsylvania (1979). Pennsylvania Department of Natural
Resources, Title 25, Chapter 93: Water Quality Standards.
Federal Register, Vol. 44, No. 52, March 15, 1979..
Federal Register. Vol. 44, No. 144, July 25, 1979.
Federal Register, Vol. 44, No. 191, October 1, 1979.
Great Lakes Water Quality Board. Group 2 - New and Revised Specific Water
Quality Objectives Proposed for the 1972 Agreement Between the United States
and Canada on Great Lakes Water Quality by the Great Lakes l-/ater Quality
Board.Windsor, Ontario, January 1978.
Great Lakes Water Quality Board. New and Revised Specific Water Quality
Objectives Proposed for the 1972 Agreement Between the United States and
Canada on Great Lakes Water Quality by the Great Lakes Water Quality Board.
Windsor, Ontario, September 1976,
International Joint Commission. New and Revised Great Lakes Water Quality
Objectives, International Joint Commission Report to the Governments of the
United States and Canadlu2 vols. Washington, D.C. and Ottawa, Ontario,
International Joint Commission, 1977.
Ontario Ministry of the Environment. Water Management Goals, Policies,
Objectives and Implementation Procedures or the Ministry of the Environment.
Toronto, Ministry of the Environment, 1978.
State of Illinois (1977). Illinois Pollution Control Board Rules and
Regulations, Chapter 3: Water Pollution.
State of Indiana (1977). Indiana Stream Pollution Control Board Regulation
SPC IR-4: Water Quality Standards for All Waters Within the State of Indiana.
State of Indiana (1978). Indiana Stream Pollution Control Board Regulation
SPC 4R-2: Water Quality Standards for Lake Michigan and Contiguous Harbor Areas.
State of Michigan (1973). Department of Natural Resources, Water Resources
Commission General Rules, Part 4: Water Quality Standards.
State of Minnesota (1973). Minnesota Pollution Control Agency Regulation
WPC 15: Criteria for the Classification of the Interstate Waters of the State
and the Establishment of Standards of Quality and Purity.
State of Ohio (1977). Ohio Environmental Protection Agency Water Quality
Standards.
State of New York (1974). Mew York Department of Environmental Conservation
Title 5, Part 701: Classification and Standards of Quality and Purity.
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13.
State of Wisconsin (1977). Wisconsin Administrative Code Chapter NR 102:
Water Quality Standards for Wisconsin Surface Waters.
United States Department of State and Canada Department of External Affairs.
Great Lakes Water Quality Agreement of 1978: Agreement with Annexes and
Terms of Reference. Between the United States of America and CanadluwTndsor,
Ontario, International Joint Commission, 1978."
United States Environmental Protection Agency (1976). Quality Criteria for
Water, (Red Book).
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APPENDIX 1
WATER QUALITY STANDARDS, OBJECTIVES AND CRITERIA
APPLICABLE TO THE GREAT LAKES
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General Criteria, Objectives and Standards Applicable To The Waters of the
Great Lakes System.
Waters of the Great Lakes should be free from substances attributable to
wastewater or other discharges that:
1) Settle to form objectionable deposits;
2) Float as debris, scum, oil, or other matter to form nuisances;
3) Produce objectionable color, odor, taste, or turbidity;
4) Injure or are toxic or produce adverse physiological responses
in humans, animals or plants; and
5) Produce undesirable or nuisance aquatic life.
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MIXING ZONES
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28.
201 Mixing Zones ILLINOIS
(a) In the application of any of the rules and regulations
in this Chapter, whenever a water quality standard is
more restrictive than its corresponding effluent stan-
dard then an opportunity shall be allowed for the
mixture of an effluent with its receiving waters. Watei
quality standards must be met at every point outside
of the mixing zone. The size of the mixing zone cannot
be uniformly prescribed. The governing principle
is that the proportion of any body of water or seg-
ment thereof within mixing zones must be quite small
if the water quality standards are to have any
meaning. This principle shall be applied on a case-
by-case basis to ensure that neither any individual
source nor the aggregate of sources shall cause ex-
cessive zones to exceed the standards . The water
quality standards must be met in the bulk of the
body of water, and no body of water may be used
totally as a mixing zone for a single outfall or
combination of outfalls. Moreover, except as other-
wise provided in this Chapter, no single mixing zone
shall exceed the area of a circle with a radius of
600 feet. Single sources of effluents which have
more than one outfall shall be limited to a total
nixing area no larger than that allowable if a
single outfall were used.
In determining the size of the nixing zone for any
discharge, the following must be considered:
1. The character of the body of water,
2. the present and anticipated future use of
the body of water',
3. the present and anticipated water quality
of the body of water,
4. the effect of the discharge on the present
and anticipated future water quality,
5. the dilution ratio, and
S. the nature of the contaminant.
(b) In addition to the .above, the mixing zone shall be so
designed as to assure a reasonable zone of passage
for aquatic life in which the water quality standards
are -at. The mixing zone shall not intersect any area
of any such waters in such a manner that the mainte-
nance of aquatic life in the body of water as a whole
would be adversely affected, nor snail any mixing
in m ere than 25% of the cress-sectional area
cr volume of flew of a stream except for these streams
-------
MIXING ZONES
29.
INDIANA
Sec. 5. (Mixing Zone) The mixing zone snail be considered
a. place where waste and receiving waters mix and not as a place where
effluents are treated. All mixing zones will be determined on a case-by-
case basis by the Indiana Stream Pollution Control Board after consideration
of the following:
(a) The dilution ratio,
(b) The physical, chemical, and biological characteristics of
the receiving body of water,
(c) The physical, chemical, and biological characteristics of
the waste effluent,
(d) The present and anticipated uses of the receiving body of
water,
(e) The existence of and impact upon any spawning or nursery
areas of any indigenous aquatic species, and
(f) The synergistic effects of overlapping mixing zones or
the aggregate effects of adjacent mixing cones.
MICHIGAN
R 323.1082. Mixing zones.
Rule 1082. (1) A mixing zone to achieve a mixture of & point source
discharge with the receiving waters shall be considered a region in which
organism response to water quality characteristics is time-dependent. Exposure
iu u.lxli.5 zones shell net CIMSS in irr»™»TP*-i>>i #> response which results in
deleterious effects to populations of important aquatic life and wildlife.
As a minimum restriction Che toxic substance 96 hour TL-^ for important species
of fish or fishfocc organisms shall not be exceeded in the mixing zone at any
point inhabitable by these organisms, unless it can be demonstrated co the
commission that a higher concentration is acceptable. The mixing zone at
any transect of a scream shall contain not more than 257. of the cross-secticr.al
area or volume of flow of the stream or both unless it can be demonstrated to
the commission that designation of a greater area or volume of streaaflcv will
allow passage of fish and fishfcod organisms so that effects on their immediate
and future populations are negligible or not measureable. Watercourses cr
portions thereof which, without one or more point source discharges, would have
no flow except during periods of surface runoff may be considered as a mixing
zone for a point source discharge. For Lake Michigan, mixing zones shall not
exceed a defined area equivalent to that of a circle of radius of 1,OCC feet
unless the discharger car. demonstrate to the commission that the defined area
for a thermal discharge is mora stringent than necessary to assure the
protection and propagation of a balanced indigenous population of aquatic life
,and wildlife in the receiving water.
(2) All mixing zones established by the commission pursuant to sub rule
(1) shall be determined on a case-bv-case basis.
-------
30.
MIXING ZONES
MINNESOTA
Moans for expediting mixing arc! dispersion of sewage,
industrial waste, or other w.sts effluents in the receiving
interstate waters arc to b= provide^ so far as practicable
v;hen dsered necessary by the r.r-ncy to maintain the cmality
of the receiving interstate waters in accordance with
applicable standards, .^ixinr zones he-: established by the
Agency on an individual basis, with priory consideration be in
given to the following Guidelines: (a) nixinrr zones in rivers
shall pcrnit an acceptable pe»ssare^?y for ths noveancnt of
fish; (b) the total p.ixir.:?'s total surface area.
(0 M.s:" z,~i< n^t in;erfc-r:.".i -.v,th -r^'.'.T.i.-j cr "urserv areas.
!ni»ra:ory rcutc;;, njr ::uu;;n3 -•:' :r:.-jtary JCrs^ms.
(g) Mist.-.r :?n?= net oser:;:ci:-.s. but vihere they do. '.akir.j
-------
3745-1-11 LAKE ERIE STANDARDS OHIO 31.'
(8) MIXING ZONE
(1) Non-Thermal
For Lake Erie, outside of the eccepted areas established
in Division (C) of this rule, the foMowing criteria
will apply:
(a) Except as subsequent provisions of this section
provide different limits, no mixing zone shall:
(1) interdict the mouth of a stream, thereby
blocking any portion of it; or
(2) interdict the migratory routes or
interfere with natural movements,
survival, reproduction, growth, or
increase the vulnerability to pre-
dation of any representative aquatic
species; or
(3} include spawning or nursery areas of
any representative aquatic species; or
(4) include a public water supply intake; or
(5) include any bathing area where bath
houses and/or lifeguards are provided;
(6) contact the shoreline, whenever such
contact can be avoided.
(b) At least 90 percent of the volume of the mixing zone
shall not exceed at any time the 24 to 96 hour LC^Q
for any representative aquatic species, as determined
by static bioassays for persistent toxicants and
dynamic bioassays for non-persistent toxicants in
accordance with methods described in "Standard Methods
for the Examination of Water and Wastewater," 15th
Edition, 1975 puolished by the American Public
Health Association, American Water Works Association
and the Water Pollution Control Federation.
(2) Thermal
(a) A thermal nixing zone to permit dilution and cooling of
a waste heat discharge snail be considered a region in
which organism response to temperature is time-dependent.
Exposure to 'tamceratures in a tnermal mixing zcr.e shall
not cause an ineversible response which results in
deleterious effects to the wildlife and acuatic life
representative of the receiving waters. The daily
-------
3745-1-11 LAKE ERIE STANDARDS OHIO 32-
average temperature in a thermal mixing zone at the
point'nearest to the discharge that is accessible to the
resident aquatic organisms shall not exceed the temperatures
in Table 7d at the corresponding ambient temperature.
at ambient temperatures of 59°F (15°C) and above the
daily average temperature in a thermal mixing zone will
be determined on a case-fay-case basis.
(b) Thermal mixing zone size limitations shall be
established by the Director pursuant to Section
(B)(2)(a) of this rule on a case-by-case basis
for all point source discharges subject to
permit.
(c) Except as Divisions (8)(2)(a) and (8)(2)(b) of
this rule establish different limitations, no
thermal mixing zone shall:
(1) interdict the migratory routes or interfere
with natural movements, survival, reproduction,
growth, or increase the vulnerability to
predation of any representative aquatic
species;
(2) interfere with or prevent the recovery of
an aquatic community or species population
'that could reasonably be expected as pre-
viously limiting water quality conditions
improve;
(3) include a public water supply intake, or;
(4) include any bathing area where bath houses
and/or life guards are provided.
(d) Closed-cycle cooling blowdown discharge will be exempt
from Divisions (B)(2)(a) and (b) of this rule.
-------
3745-1-11 LAKE ERIE STANDARDS
OHIO
33.
Table 7d: Daily average temperatures of thermal mixing zones at corresponding
ambient temperatures. Shown as degrees Fahrenheit and (celsius).
Ambient
Daily Average
Temoerature
Ambient
Daily Average
Temperature
32(0)
33(0.6)
34(1.1)
35(1.7)
36(2.2)
37(2.8)
38(3.3)
39(3.9)
40(4.4)
41(5.0)
42(5.6)
43(6.1)
44(6.7)
45(7.2)
41(5.0}
41(5.0)
43(6.1)
45(7.2)
46(7.8)
48(8.9)
50(10.0)
52(11.1)
53(11.7)
55(12.8)
57(13.9)
59(15.0)
61(16.1)
62(16.7)
46(7.8)
47(8.3)
43(8.9)
49(9,4)
50(10.0)
51(10.6)
52(11.1)
53(11.7)
54(12.2)
55(12.8)
56(13.3)
57(13.9)
58(14.4)
59(15) and
65(18.3)
66(18.9)
68(20.0)
70(21.1)
71(21.7)
73(22.8)
75(23.9)
77(25.0)
73(25.6)
80(26.7)
82(27.8)
84(28.9)
86(30.0)
above-daily
average limit will be
detarinined on a case-by-
case basis.
-------
34.
MIXING ZONES
New York
Tha following criteria shall apply to all waters of the State receiving therma'
discharges, except as provided in Section 704.6.
(a) The Department shall specify definable, numerical
limits for all nixing zones (a set linear distance
prom the point of discharge, surface area involvement,
or volume of receiving water entrained in the thermal
plume).
(b) Conditions in the mixing zone shall not be lethal in
contravention of water quality standards to aquatic
biota which may enter the zone.
(c) The location of mixing zones for thermal discharges
shall not interfere with spawning araas, nursery areas
and fish migration routes.
-------
POLICY 5 - MIXING ZONES ONTARIO 35
Terms and conditions reiated to the mixing zones may be
outlined in Certificates of Approval, based on the minimum re-
quirements outlined below. Inherent in these conditions, a mixing
zone may not be used as an alternative to adequate treatment. The
mixing zone dimensions will be kept as small as possible while
ensuring chat the Provincial Water Quality Objectives are met at
the boundary of the mixing zone.
1. Mixing zones should not contain:
- materials which form objectionable deposits, i.e. scums, oil
or floating debns:
- substances producing objectionable colour, odour, taste or
turbidity;
- substances which produce objectionable growths of nuisance
plants and animals:
- substances which render the mixing zone aesthetically un-
acceptable.
2. The presence of a mixing zone should in no way pose a threat
to the species survival of any organism tn the receiving water
outside the mixing zone.
3. No conditions within the mixing zone should be permitted
which:
a) are rapidly lethal to important aquatic life (resulting in
conditions which result in sudden fish kills and mortality
of organisms passing through the mixing zones); or
b) cause irreversible responses which could result in detrimen-
tal post-exposure effects: or
c) result in bioconcentration of toxic materials which are
harmful to the organism or its consumer: or
d) attract organisms to the mixing zones, resulting in a pro-
longed and lethal exposure period.
4. A mixing zone shall not be allowed to create a barrier to the
migration of fish and aquatic life.
5. Rapid changes in the water quality which could kill organisms
by shock effects must not be present. Such conditions could
have the effect of creating a higher toxicity value.
6. Municipal and other water supply intakes and recreational
areas, as a general rule, should not lie within a mixing zone.
However, knowledge of the effluent characteristics and the
type of discharge associated with the mixing zone could allow
such a mixture of uses.
7. Mixing zones may overlap unless the combined effects exceed
the conditions specified m these mixing zone guidelines.
8. Limitations on mixing zones should be established by the
Ministry on a case-by-case basis, where "case" refers to both
local considerations and the waterbody as a whole or segments
of the -.vateroody.
0 Existing biological, chemical, physical and hydrologica! condi-
tions should be known when considering the location of a ne-A
mixing zone or limitations on an existing one.
10. The design and location of the outfall should be considered on
a case-by-case -asis to reduce the impact of" the .Taxing ;or.c
on the receiving waters.
1 1. Total loadings into all the mixing zones within a river, lake or
segment thereof, must not exceed the acceptable icacUr.is
rrorn ad point-source ciscnarges required to maintain satisrj^-
torv '.vater aualuv
-------
APPENDIX 3
ONTARIO DISSOLVED OXYGEN OBJECTIVE
-------
37.
ONTARIO OBJECTIVE
Dissolved Oxygen At no time should dissolved oxygen concen-
trations be less than the values specified
below:
Dissolved Oxygen Concentration
Cold Water Warm Water
Tempera- Biota Biota
£^re fcSatura- mg/'L % Satura- mg/L
tlon tion
0 54 8 47 7
5 54 7 47 6
10 54 6 47 5
15 54 6 47 5
20 57 5 47 4
25 63 5 48 4
In situations where additional physical and/or
chemical stresses are present these minimum
levels may prove inadequate and more strin-
gent Objectives may be necessary.
In some hypolimnetic waters, dissolved oxygen
is naturally lower than the above-specified
concentrations. Such a condition should not
be altered by adding oxygen demanding mate-
rials causing a depletion of dissolved oxygen.
-------
APPENDIX 4
GREAT LAKES WATER QUALITY AGREEMENT
ANNEX 3
CONTROL OF PHOSPHORUS
-------
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-------
APPENDIX 5
TEMPERATURE
-------
41
rEMPERATURE
Water Quality Objective
There should be no change in temperature that would adversely affect
any local or general use of the waters.
Mi nnesota
No Material Increase
Pennslyvania
No rise when ambient temperature is 58°F. or above; not more than 5°F.
rise above ambient temperature until stream temperature reaches 58°F.;
not to be changed by more than 2°F. during any one-hour period.
-------
42.
RED BOOK
TEMPERATURE
CRITERIA
Freshwater Aquatic Life
For any time of year, there are two upper limiting temperatures
for a location (based on the important sensitive species found
there at that time):
1. One limit consists of a maximum temperature for short
exposures that is time dependent and is given by the species-
specific equation:
Temperature (°C) = l/b[logio(time in minutes)-a] -2
Where:
a - intercept on the "y" or logarithmic axis of the line fitted
to experimental data which are available for some
species from Appendix II-C, NAS, 1974.
b = slope of the line fitted to experimental data which are
available for some species from Appendix II-C, NAS,
1974.
2. The second value is a limit on the weekly average tempera-
ture that:
a, in the cooler months (mid-October to mid-April in the
north and December to February in the south) will
protect against mortality of important species if the
elevated plume temperature is suddenly dropped to the
ambient temperature, with the limit being the acclima-
tion temperature minus 2°C when the lower lethal
threshold temperature equals the ambient water temper-
ature (in some regions this limitation may also be
applicable in summer); or
b. in the warmer months (April through October in the
north and March through November in the south) is
determined by adding to the physiological optimum
temperature (usually for growth) a factor calculated as
one-third of the difference between the ultimate upper
incipient lethal temperature and the optimum tempera-
ture for the most sensitive important species (and
appropriate life state) that normally is found at that
location and time; or
c. during reproductive seasons (generally April through
June and September through October in the north and
March through May and October through November in
the south) meets site-specific requirements for successful
migration, spawning, egg incubation, fry rearing, and
other reproductive functions of important species. These
local requirements should supersede ail other require-
ments when they are apoiicable: or
d. is a site-specific limit th.it is found necessary to preserve
normal species diversity or prevent appearance of nui-
sance organisms.
-------
ILLINOIS
43.
(e) Temperature (STORET numbers - (°F) 00011 and (°C)
00010):
(1) (A) All sources of heated effluents in exis-
tence as of January 1, 1971 shall meet
the following restrictions outside of a
mixing zone which shall be no greater
than a circle with a radius of 1000 feet
or an equal fixed area of simple form.
(i) There shall -be -ao abnormal tempera-
ture changes thac may affect aquatic
life.
(ii) The normal daily and seasonal tempera-
ture fluctuations that existed before
the addition of heat shall be maintained.
(iii) The maximum temperature rise at any
time above natural temperatures shall
not exceed 3°F. In addition, the water
temperature shall not exceed the maxi-
mum limits (°F) indicated in the following
table:
JAN. 45 JUL. 80
FEB. 45 AUG. 80
MAR. 45 SEPT. 80
APR. 55 OCT. 65
MAY 60 NOV. 60
JUN. 70 DEC. 50
(B) The owner or operator of a source of heated
effluent which discharges 0.5 billion British
Thermal Units per hour (3TU/HR.) or more shall
demonstrate in a hearing before this Board
not less than five nor more than six years
after the adoption of this regulation, that
discharges from that source have not caused
and cannot be reasonably expected in future
to cause significant ecological damage to the
Lake. If such proof is not made to the satis-
faction of the Board, backfitting of alterna-
tive cooling devices shall be accomplished
within a reasonable time as determined by the
Board.
(C) The owner or operator of a source of heated
effluent shall maintain such records and con-
due- such studies of the effluents from such
source and of their effects as may be re-
quired by the Environmental Protection Agency
or in any ~erm.it granted under tihe Environ-
mental Protection Act.
(D) Backfitting of alternative cooling facilities
will be required if, upon complaint filed in
accordance with Board rules, it is found at
any tir.e -hat any heated effluent causes sig-
-•'-•' (~,=>-i~ o.-r^l .^cr-i a^ 1 darrtaca to the Lake.
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44.
ILLINOIS
(2) Any effluent source under construction as of January
1, 1971, but not in operation, shall meet all the
requirements of Section 1 of this regulation and
in addition shall meet the following restrictions:
(A) Neither the bottom, the shore, the hypo-
limnion, nor the thermocline shall be
affected by any heated effluent.
(B) No heated effluent shall affect spawning
grounds or fish migration routes.
(C) Discharge structures shall be so designed
as to maximize short-term mixing and thus
to reduce the area significantly raised
in temperature.
(D) No discharge shall exceed ambient tempera-
tures by more than 20°F.
(E) Heated effluents from more than one source
shall not interact.
(F) All reasonable steps shall be taken to
reduce the number of organisms drawn into
or against the intakes.
(G) Cleaning of condensers shall be accomplished
by mechanical devices. If chemicals must
be used to supplement mechanical devices, the
concentration at the point of discharge shall
not exceed the 96-hour TLm for fresh water
organisms.
(3) (A) No source of heated effluent which was not
in operation or under construction as of
January. 1, 1971 shall discharge more than
a daily average of 0.1 billion BTU/Hr.
(B) Sources of heated effluents which discharge
less than a daily average of 0.1 billion
BTU/Hr. not in operation or under construction
as of January 1, 1971 shall meet all require-
ments of Sections 1 and 2 of this regulation.
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45.
INDIANA
TEMPERATURE
(ee) All new waste heat discharges or .enlargements
of existing facilities exceeding a daily average
of 0.5 billion BTU/hour, which had not begun
operation as of February 11, 1972, and which
plan to use Lake Michigan waters for cooling,
shall be limited to tho amount essential for
blowdown in the operation of a closed cycle
cooling facility. Plants not in operation as
of February 11, 1972, will be allowed to go
into operation provided they are committed to a
closed cycle cooling system construction schedule
approved by the State and Federal Regulatory .
Agencies.
(ff) Water intakes shall be designed and located to
minimize entrainment and damage to desirable
organisms. Requirements may vary depending
upon local conditions but, in general, intakes
are to have niniaium water velocity and shall
not be located in spawning or nursery areas of
important fishes. Water velocity at screens
and other exclusion devices shall also be at a
minimum.
(gg) Discharges other than those now in existence
shall be such that the thermal plumes do not
overlap or intersect.
Chh) Facilities discharging acre than a daily average
of 0.5 billion STU/hour of waste heat shall
continuously record intake and discharge temperature
and flow and sake those records available to
regulatory agencies upon request.
-------
INDIANA 46,
(5) (Temperature) The following temperature standards
and criteria shall apply:
(aa) All temperatures are expressed both in degrees
Fahrenheit and degrees Celsius. In all receiving
waters the points of measurement- shall normally
be in the first meter below the surface at such
depth as to avoid thin layer surface warming
due to extreme ambient air temperatures, but
where required to determine the true distribution
of heated wastes and natural variations in
water temperatures, measurements shall be at a
greater depth and at several depths as a thermal
profile.
(bb) There shall be no abnormal temperature changes
so as to be injurious to fish, wildlife, or
other aquatic life or the growth or propagation
thereof. In addition, pluae interaction with
the bottom shall be minimized and shall not
injuriously affect fish, shellfish, and wildlife
spawning or nursery areas.
(cc) The normal daily and seasonal temperature fluc-
tuations that existed before the addition of
heat shall be maintained.
(dd) At any time and at a maximum distance of a
1,000 feet arc inscribed from a fixed point
adjacent to the discharge and/or as agreed upon
by the Strean Pollution Control Board and
Federal Regulatory Agencies, the receiving
water temperature shall not be more than 3 Fahrenheit
above the existing, natural water temperature
nor shall the maximum temperature exceed those
listed in Table I below, whichever is lower:
TABLE I
°F °C
January 45 7.0
February 45 7.0
March 45 7.0
April 55 13.0
May 60 15.5
June 70 21.0
July 80 26.5
August 80 26.S
September 80 26.5
October 65 18.5
November 60 15.5
December 50 10.0
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47,
3745-1-11 LAKE ERIE STANDARDS OHIO
(34) Temperature
(a) There shall be no water temperature
changes as a result of human activity
that cause mortality, long-term avoidance,
exclusion from habitat, or adversely
affect the reproductive success of
representative aquatic species, unless
caused by natural conditions.
(b) At no time shall water temperature exceed
a monthly or bi-weekly average, or at
any time exceed the daily maximum temperature
as indicated in Table 7a and 7b. The
average and daily maximum temperature
standards shall apply and be measured outside
of a thermal mixing zone at any point on a
thermal mixing zone boundary at depths
greater than three feet, as defined in
Rule 3745-1-11(B)(2)(a) and (b) of the Ohio
Administrative Code.
(c) The temperature of the hypolimnetic waters
of Lake Erie shall not exceed at any
time a daily maximum as indicated in
Table 7c.
Table 7a: Lake Erie Western Basin - includes the area of Lake Erie west of a
line drawn from Pelee Point, Canada to Scott Point on Catawba Island.
Shown as degrees Fahrenheit and (Celsius).
Mar. Mar. Apr. Apr. May May
1-15 16-31 1-15 16-30 1-15 16-31
Average: ----- 53 59 65 75
(11.7) (15.0) (18.3) (23.9)
Daily
Maximum: 35 38 39 45 51 56 64 72 73
(1.7) (3.3) (3.9) (7.2) (10.5) (13.3) (17.3) (22.2) (25.6)
June July Aug. Sept. Sept. Oct. Oct. Nov. Dec.
16-30 1-31 1-31 1-15 16-30 1-15 16-31 1-30 1-31
Average: 80 83 83 78 76 66 60 > 53
(25.7) (28.3) (28.3) (25.6) (24.4) (18.9) (15.6) (11.7)
Daily
Maximum: 83 85 85 83 81 71 65 58 46
(28.3) (29.4) (29.4) (28.3) (27.2) (21.7) (18.3) (14.4) (7.3)
-------
48,
3745-1-11 LAKE ERIE STANDARDS OHIO
Table 7b: Lake Erie Central Basin - includes the area of Lake Erie east of a
line drawn from Pelee Point, Canada to Scott Point on Catawba Island
to the Pennsylvania-Ohio state line. Shown as degrees Fahrenheit
and (Celsius).
Jan, Feb. Mar. Mar. Apr. Apr. May May June
1-31 1-29 1-15 16-31 1-15 16-30 1-15 16-31 1-15
Average: .... 43 53 59 63 75
(6.1) (11.7) (15.0) (17.2) (23.9)
Daily
Maximum: 35 38 39 45 48 56 63 72 78
(1.7) (3.3) (3.9) (7.2) (8.9) (13.3) (17.2) (22.2) (25.6)
June July Aug. Sept. Sept. Oct. Oct. Nov. Dec.
16-30 1-31 1-31 1-15 16-30 1-15 16-31. 1-30 1-31
Average: 80 83 83 76 71 66 58 -48
(26.7K (28.3) (28.3) (24.4) (21.7) (18.9) (14.4) (8.9)
Daily
Maximum: 83 85 85 81 76 71 63 53 46
(28,3) (29.4) (29.4) (27.2) (24.4) (21.7) (17.2) (11.7) (7.8)
Table 7c: Seasonal daily maximum temperature limitations for the hypolimnetic
regions of Lake Erie. Shown as degrees fahrenheit and (celcius).
Month Daily Maximum
January 44 (6.7)
February 44 (6.7)
March 44 (6.7)
April 47 (8.3)
May 51 (10.6)
June 54 (12.2)
July ' 59 (15.0)
August 59 (15.0)
September 55 (12.8)
October 46 (7.8)
November 41 (5.0)
December 38 (3.3)
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49,
WISCONSIN
NR 102.05 Lake Michigan and Lake Superior thermal stand-
ards. For Lake Michigan and Lake Superior the following thtrrr.il
standards are established so 33 to minimize elfects on the aqua:ic
biota in the receiving waters.
(1) (a) Thermal discharges shall not raise the receiving water
temperature more than o°K abo<-e '.ne exiitinj natural tempera'.1.::? a;
the boundary of mixing zones established in paragraphs I'D) and irjrrs to !,.iice Michiiinn shall
nol raise the temperature o! the rcceiviiit; \vatcr> at the boundary of
the established mixing rone above the following limits:
January - --15'F May • - - CO0
February - -I5e June-——- ..... 70°
March -15° July SOS
Ajml 55° August 80°
September 80° November 60°
October 60° December 50"
His(or>. Cr. K«t5
-------
50.
MICHIGAN
R 323.1069. Temperature: general considerations.
Rule 1069. (1) In all waters of the state, the points of temperature
measurement normally shall be in the surface 1 meter; however, where turbulence,
sinking pluses, discharge inertia or other phenomena upset the natural
thermal distribution patterns of receiving waters, temperature measurements
shall be required to identify the spatial characteristics of the thermal
profile.
(2) Monthly maximum temperatures , based on the ninetieth percentile
occurrence of natural water temperatures plus the increase allowed at the edge
of the mixing zone and in part or long-term physiological needs of fish, may
be ny^iao^oH fnr
-------
51
MICHIGAN
(f) Lake Huron, Saginsw bay:
(g)
00
(4_ ^
(j)
J
45
St.
*j '
40
Lake
J
40
J
40
Lake
J
45
F
45
Clair
F
40
St.
F
40
F
40
Erie
F
45
M
45
river:
M
40
Clair:
M
45
J
M
45
'•
M
45
A
60
A
50
A
55
A
60
A
60
M •
70
M
60
M
70
M
70
M
70
J
75
J
70
J
75
J
75
J
75
J
80
J
75
J
80
J
80
J
80
A
85
A
80
A
83
A
83
A
85
S
78
S
75
S
80
S
80
S
80
0
65
0
65
0
70
0
70
0
70
N
55
N
55
N
55
N
55
N
60
D
45
D
50
D
45
D
45
D
50
-------
NEW YORK 52.
No discharge which will be injurious
to fishlife or make the waters
unsafe or unsuitable for any best
usage determined for the specific
waters which are assigned to each •
class. See Part 704.
SccrCicm 704.1 WATER QUALITY STANDARD FOR THERMAL DISCHARGES.
(&) All ttr,a-ninl discharges to the waters of the Sta''e
shall assure the protection and propag-.ci'jr. of r.
balanced, indigenous population of shellfish, fish,
and wildlife in and on the body of water!,
(b) The criteria contained in this Part shall applv
to all thermal discharges and shall be complied
with, except as provided in this Part.
Section 7C4.2 CRITERIA GOVERNING THERMAL DISCHARGES.
(a) General criteria. The following criteria shall
apply to all waters of the State receiving thermal
discharges, except: as provided in Section 7C4.6:
1. The natural seasonal cycle shall be retained.
2. Annual spring and fall temperature changes
shall be gradual.
3. Large day-to-day temperature fluctuations
due to heat of artificial origin shall be
avoided.
4. Development or growth of nuisance organisms
shall not occur in contravention of water
quality standards.
5 . Discharges which would lc-;er receiving -jater
temperature shall not cavs^ a violation of
water cuality standards and Section
6. For the protection of the aquatic biota from
severe temperature changes, routine shut down
of an entire thermal discharge at any site
shall not be scheduled during the period from
December thrcush March.
-------
NEW YORK
(b) Special criteria. The following critex-ia shall
apply to all waters of the State receiving thermal
discharges, except as provided in Section 704.6:
1. Non-Trout Waters.
(i) The water temperature at the surface of
a stream shall not be raised to more than
90°F at any point.
(ii) At least 50 percent of the cross sectional
area and/or volume of flow of the stream
•> -n r» 1 • i<1 ' •>•> o- -i m-f !»•? p-i im o F Oil r< — f 'i 1° >-<"! f) F I" hf1
suriacc as uien^urcu ironi ijm.au LJ sao^u
shall not be raised to more than 5 Fahrenheit
degrees over the temperature that existed
before the addition of hoat of artificial
origin or to a maximum of 86°F whichever is
less .
(iii) At least 50 percent of the cross
sectional area and/or volume of flow
of the stream including a minimum of
one-third of the surface as measured
from shore to shore shall not be
1cuered more rhnn 5 Fahrenheit degrees
from the temperature that existed
immediately prior to such lowering.
2. Trout Waters.
(i) No discharge at a temperature over 70°F
shall be permitted at any time to streams
classified for trout.
(ii) From June through September no discharge
shall be permitted that will raise the
temperature of the stream more than
2 Fahrenheit degrees ever that which
existed before the addition of heat of
artificial origin.
•o-
(iii) From October through May, no discharge
shall be permitted that will raise- the
temperature of the stream more than
5 Fahrenheit degrees over that which
existed before the addition of heat of
artificial origin or to a maximum of
50CF whichever is less.
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54,
NEW YORK
(iv) From June through September no discharge
shall be permitted that will lower the
temperature of the stream more than
2 Fahrenheit degrees from that which
existed immediately prior to such lowering.
3. Lakes.
(i) The water temperature at the surface of
a lake shall not be raised more than
3 Fahrenheit degrees over the temperature
t~ hi t' <"".- ">' e I" r> rl K n !~r M- r> |- h o ,T' •? i" f i mi < i F !i rv -i t~
ot ai'LiiiciaL ui'3>;j.n.
' o-
(ii) In lakes subject to stratification as
defined in Part 652, thermal discharges-
that will raise the temperature of the
receiving waters shall be confined to
the epilimnion.
(iii) In lakes subject to stratification as
defined in Part 652, thermal discharges
which will lower the temperature of the
receiving waters shall be discharged to
the hypolimnion, and shall meet the
water quality standards contained in
Parts 701 and 702 in all respects.
4. Coastal Waters.
(i) The water temperature a'c the surface of
coastal waters shall not be raised more
than 4 Fahrenheit degrees from October
through June nor more than 1.5 Fahrenheit
degrees from July chrcugh September over
that which existed before the addition of
heat of artificial origin.
(ii) The water temperature ac the surface of
coastal waters shall not be lowered more
than 4 Fahrenheit degrees from October
through June nor -era than 1.5 Fahrenheit
degrees from July through September from
that which exir-ted immediately prior to
such lowering.
-------
55,
ONTARIO OBJECTIVE
Temperature 1) General
The natural thermal regime of any body of
water shall not be altered so as to impair the
quality of the natural environment. In partic-
ular, the diversity, distribution and abundance
of plant and animal life shall not be signifi-
cantly changed.
2) Waste Heat Discharge
(a) Ambient Temperature Changes
The temperature at the edge of a mixing zone
shall not exceed the natural ambient water
temperature at a representative control loca-
tion by more than 10C° (18F°). However, in
special circumstances, local conditions may-
require a significantly lower temperature
difference than 10C° (1SF°). Potential dis-
chargers are to apply to the Ministry of the
Environment for guidance as to the allowable
temperature rise for each thermal discharge.
This Ministry will also specify the nature of
the mixing zone and the procedure for the
establishment of a representative control loca-
tion for temperature recording on a case-by-
case basis.
(b) Discharge Temperature Permitted
The maximum temperature of the receiving
body of water, at any point in the thermal
plume outside a mixing zone, shall not exceed
30°C (86°F) or the temperature at a represen-
tative control location plus 10°C (18°F) or
the allowed temperature difference, which-
ever is the lesser temperature. These maxi-
mum temperatures are to be measured on a
mean daily basis from continuous records.
(c) Taking and Discharging of Cooling Water
Users of cooling water shall meet both the
Objectives for temperature outlined above
and the "Procedures for the Taking and Dis-
charge of Cooling Water" as outlined in the
Implementation Procedures for Policy 3 (pase
15\
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APPENDIX 6
TOXIC SUBSTANCES
-------
57.
WATER QUALITY
OBJECTIVES
ILLINOIS
INDIANA
NEW YORK
TOXIC SUBSTANCES
Unspecified non-persistent toxic substances and complex
effluents of municipal, industrial or other origin should
not be present in concentrations which exceed 0.05 of the
median lethal concentration in a 96-hour test for any
sensitive local species to protect aquatic life.
Any substance toxic to aquatic life shall not exceed one-
tenth of the 48-hour median tolerance limit 96-hour Tim)
for native fish or essential fish food organisms.
(Toxic Substances) Concentrations of toxic substances
shall not exceed one-tenth of the 96-hour median lethal
concentration (LCc/0 for important indigenous aquatic
species and those artificially propagated by the Indiana
Department of Natural Resources. More stringent application
factors shall be used when justified on the basis of avail-
able evidence and approved by the Board after public notice
and opportunity for a hearing.
(Persistent or Bicconcentrating Substances) Concentrations
of organic contaminants which can be demonstrated to be
persistent, to have a tendency to bioconcentrate in the
aquatic biota, and are likely to be toxic on the basis of
available scientific evidence, shall be limited as determined
by the Board after public notice and opportunity for a
hearing. (Note: For substances in 6(b)(2) and 6(b)(3),
the United States Environmental Protection Agency Admini-
strator 's Quality Criteria for Water will be among the
documents used in establishing water quality standards for
toxic and/or persistent substances).
None in amounts that will interfere with use for primary
contact recreation or that will be injurious to the growth
and propagation of fish, or which in any manner shall
adversely affect the flavor, color or odor thereof or
impair the waters for any other best usage as determined
for the specific waters which are assigned to this class.
-------
58,
TOXIC SUBSTANCES
MICHIGAN
R 323.1057. Toxic substances
Rule 1057. (1) Toxicity of undefined toxic substances noc specifically
included in subruies (2) and (3) shall be determined by development of 96
hour Tin's or other appropriate effect end points obtained by continuous-
flow or in situ bioas says using suitable test organisms. Concentrations of
undefined toxic substances in the waters of the state shall not exceed safe
concentrations as determined by applying an application factor, based on
knowledge of the behavior of the toxic substances and the organisms to be
protected in the environment, to the TL^ or other appropriate effect end point.
(2) For all waters of the state, unless on the ba&is of recen
a more restrictive limitation is required to protect a designated use,
concentrations of defined toxic substances, including heavy metals, shall be
limited by application of the toxic substances recommendations contained ir.
the chapter on treshwater Organises, "rUyur;. uf the "cticr.zl Techric?! i.-""'<:
-------
59.
TOXIC SUBSTANCES
WISCONSIN
(d) Unauthorized concentration^ of substances are not permitted
that alone or in combination with other materials present are ti.vn f>
fish or other aquatic life. The determination of the toxicitv <•; a
substance shall be based up<>n the available scientific data bj-*
References to be used in determining the toxicitv of a substance sr.j;.
include, but not be limitea ro-
1. "Quality Criteria for Water". KPA~(-iO/9-7(i 00.! United states
Environmentai'Protection Agencv, Washington. D. C.. 197S. and
2. "Water Quality Criteria 1972". EPA-R.'>-?.3-0.>o.
Academy of Sciences. National Academy of Knsrineerns. I'm tea
States Government PrmtT.s Oifice, Washington, I) C.. ;9"-i.
3. Questions conccrnin; the permissible levels, or changes in \~t
same, of a substance, or comb. nation of subst.inces. of undrfirjd
to.xicity to fish and inner biota srnil be resolved in accoraar.c* •.•,,:.-•
the methods specified in "Watf-r CJuallty Criteria l?~2". "Stir.crjrt
Methods for the K'xamination o;' \'. nter and \\'aste^ater". I4th Edi-
tion, 1975 (American Public ik-.ikh Association, New York) or mh*r
methods approved by the departnien'. of natural resources.
(e) Streams cidsaified as trout waters by the department of natural
resources (Wisconsin Trout Streams. Publication 21.'i-7J; -nail nut .•;*
altered from natural background by effluents that influence the
stream environn-.rnt :o such MI extent that trout population; are
adversely affected.
1. There shall be no sienificant artificial increases in temperature
where natural trout reproduction is to be protected.
2. Dissolved oxycen in classified trout streams shnli not be artificial-
ly lowered to less than 6.0 mg/ i at any time, nur sh^i:l the di.-;oiv*c
oxygen be lowered to less 7.0 ing/1 during the >pawnins: season.
3. The dissolved oxv-jen in great lakes tributaries used by stoclirc
salmonids for spavinm:: runs shall not be lowered beiuw natural
background during the period of habitation.
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60,
TOXIC SUBSTANCES
OHIO
Toxic Substances
(a) All pollutants or combinations of pollutants
shall not exceed, at any time, one-tenth of the
96 hour median tolerance limit (TLm) of
LC5Q for any representative aquatic species.
However, more stringent application factors
shall be imposed where justified by "Quality
Criteria for Water," U.S. Environmental
Protection Agency, 1976; "Water Quality
Criteria 1972," National Academy of Sciences
and National Academy of Engineering, 1973;
or other scientifically based publications.
(b) Pollutants or combinations of pollutants
which are known to be persistent toxicants
in the aquatic environment shall not
exceed, at any time, an application factor
of one one-hundreth applied to the
96 hour TLm or LC50.
(c) Any criteria established for a water
course or segment by this regulation
shall supersede less stringent criteria
established in Rule 3745-1-07 of the
Ohio Administrative Code after appropriate
public hearings as required by Section
6111.041 of the Ohio Revised Code.
(d) The median tolerance limit (TLm) or
LCgQ shall be determined by static or
dynamic bioassays performed in accordance
with methods outlined in "Standard
Methods for the Examination of Water
and Wastewater," Fourteenth Edition,
American Public Health Association,
American Water Works Association and
the Water Pollution Control Federation,
1975; or performed in accordance with
procedures outlined in Methods of Acute
Toxicity Tests v/ith Fish, Macroinvertebrates
and Amphibians, JSEPA 660/3-75-009.
Tests will be conducted using actual
effluent, receiving water representative
species of aquatic life whenever possible.
-------
TOXIC SUBSTANCES - - PENNSYLVANIA
s'v,:.vi)cvelnpmenl of specific waier nu^iiiy criteria for the c-i
protection of ?quatic life.
(a) When a specific water quality criterion tias not been
establishec for a pollutnnc in section S3.7tc). Table 3. or
pursuant to section 93.7!:) of this title {.-elating to specific
water quality criteria) and a discharge of a pollutant into
waters of this Commonwealth designated to be protected
for aquatic life in section 93.9 of this cioleirelating to desig-
nated water uses and water quality criteria) is proposed, a
specific water quality criterion for such pollutant may be
determined by the Department through establishment of a
safe concentration value.
(b> Establishment of a safe concentration value shall be
based upon data obtained from relevant aauatic field
studies, standard continuous flow bioassay test data which
exists in substantial available literature, or data obtained
from specific tests utilizing one or more representative im-
portant species of aquatic life designated on a case-by-case
basis by the Department and conducted in a water environ-
ment which is equal to or closely approximates that of the
natural quality of the receiving waters.
(c) In those cases where it has been determined that
there is insufficient available data to establish a safe con-
centration value for a pollutant, the safe concentration
value shall be determined by applying the appropriate ap-
plication factor to the 96-hour lor greater! LC50 value. Ex-
cept where the Department determines, based upon sub-
stantial available data, that an experimentally derived ap-
plication factor exists for a poiiutant. the following ap-
plication factors shall be used in the determination of safe
concentration values:
(1) Concentrations of pollutants that are noncumulativc
shall not exceed 0.05 (1.20) of the 96-hour LC50.
(2) Concentrations of pollutants that are cumulative
shall not exceed 0.01 (MCO) of the 96-hour LC50.
(3) Concentrations of pollutants with known synergistic
or antagonistic effects with pollutants in the effluent or re-
ceiving water will be established on a casc-by-case basis us-
ing the best available scientific data.
(d) Persons seeking issuance of a permit pursuant to the
Clean Streams Law and 33 U.S.C. § 1342 authorizing the
discharge of a pollutant for which a safe concentration val-
ue is to be established using specific bioassay tests pursu-
ant to subsection (c) of this section shall perform such test-
ing with the approval of the Department and shall submit
the following in writing to the Department:
(1) A plan proposing tho bioassay testing to be per-
formed.
•f
(2) Such periodic progress reports of the testing as may
bo required by the Department.
(3) A report of tho completed results of such testing in-
cluding, but not limited to. the following:
(i) all data obtained during the course of testing; and
(ii) all calculations made in the recording, collection, in-
terpretation, and evaluation of such data.
(e) Bioassay testing shall be conducted in accordance
with the continuous flow methodologies outlined in EPA
Ecological Research Series Publication. EPA-660/3/75-009,
Methods of Acute Toxicity Tests with Fish, Macroinverte-
brate-s, and Amphibians i April. 1975); Standard Methods
for the Examination of \Yater and Vv'astewater (14th Edi-
tion); Standard Method m'iV.-: for ASTM D1345-39 iReap-
proved 1970) and pubiisnH in the 1975 Annual Book of
ASTM Standard:-.— ?..'.: ,'. -- U.'.i.-r; or EF\ Environ-
mental Monitoring Sera •'. ... nation, EPA-6'H) 1-78-012,
Methods for .Mi-a^ur.;-:/ •,- \._LoTo.\icity ol LlfUueiits to
Aquatic OrkjjniMi'1* >.,'.,:• :..- . 107S). Use of any other
methodologies si1..il '.»•»•.:•,. • • :•••• i>r '<>r written approval by
the Department. 1-^si •'.„.•-., s'uiil be recon:-r..tuted
according to rrcor.iir.rr VL.,•:!;• and methodoingies
specified in the previous,\ >:.L^vi rc^'rences, or methodolo-
gies approved in .vritinj; ':;'• ti.e Department.
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POLICY 4 - HAZARDOUS SUBSTANCES
The term "hazardous substances" applies to chemicals consid-
ered threats to man and the environment. A hazardous substance
can be defined as a substance which (individually or in combina-
tion with other substances) can cause death, disease including can-
cer, behavioural abnormalities, genetic mutations, physiological
malfunctions (including malfunctions in reproduction) or physical
deformities in organisms or their offspring. In addition to the
above, the consequences of contamination of the environment by
hazardous substances include a loss of valuable species, restrictions
on important socio-economic activities and a variety of irreversible
ecological changes that threaten man's future use and enjoyment
of the environment.
About two million chemical compounds are known and each
year thousands more are developed by the chemical industry.
many of which are introduced commercially. Very little is known
about the possible health and environmental effects of most of
these compounds. Many are not hazardous but the sheer number
of chemical compounds, the diversity of their use. and the adverse
effects already encountered by some have made chemical contami-
nants in our environment an important concern.
To control the problem of hazardous substances in the envi-
ronment requires the following tasks:
— identification of potentially hazardous substances;
- assessment of the impact of the substances:
- control and regulation of the manufacture, processing.
importing, use and disposal of the substances:
- monitoring of the substances in the environment and analy-
sis and interpretation of the monitoring data: and
- establishment of environmental criteria, such as the Provin-
cial Water Quality Objectives, for the protection of water uses.
etc.
To date, due to resource and data limitations, some of the
above important tasks have been carried out to only a limited
extent for a few chemicals such as PCB, DDT, and mercury. Ade-
quate knowledge concerning the degree of safety or hazard of
many chemicals is not available and may take years or even dec-
ades to develop. Further, control technology for many substances
may not be practicable under many circumstances. In light of
these limitations, the Ministry has adopted a policy which empha-
sizes that preventive measures be taken in dealing with the releases
of both known and potentially hazardous substances.
To implement this preventive policy, the Ministry must rely
largely upon existing knowledge about many substances. Present-
ly, scientific data are available for establishing criteria for the sub-
stances included in the Provincial Water Quality Objectives (Table
11. Some of these substances are hazardous if released in sufficient
amount. For the control of these substances, the Objectives and
the Implementation Procedures outlined for Policy 3 shall be used
in setting effluent loadings and concentrations.
Based upon current scientific knowledge, other compounds are
classified into one of the following two categories t'or control
purposes
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1) Substances with Zero Tolerance Limits
It has been established that the substances listed in Table 2. if
released in any concentration can bio-accumulate or concen-
trate in the aquatic environment to levels which are harmful or
lethal to organisms. To provide long-term protection to aquatic
organisms and man, any release of these substances should be
completely eliminated. However, it is recognized that trace
concentrations of these substances may be found in municipal
effluents and other sources and may not be completely removed
by current practicable technology;further, some contaminants.
such as mercury, may occur in surface waters due to natural
conditions. Accordingly, the intent of this policy is to prohibit
any new discharges of these substances and to reduce all exist-
ing releases to the lowest practicable levels.
Although Provincial Water Quality Objectives are specified in
Table 1 for some of the substances included in Table 2, the
Objectives are intended as guidance for dealing with past re-
leases or accidental losses, but not for new releases.
2) Substances with Undefined Tolerance Limits
Ail substances not included in Table 2 or the Provincial Water
Quality Objectives (Table 1) may pose an adverse effect on
health or the environment. Presently, there are not enough
scientific data for establishing water quality Objectives for
these substances. Accordingly, the release of all such sub-
stances shall be evaluated on a case-by-case basis, and special
measures should be taken to protect the environment.
At the present time, substances listed in Table 3 are of primary
concern m this regard.
Note: The controlled application of approved biocides for the
control of nuisance organisms shall be permitted provided it is
authorized by the Ministry under Section 6 of the Pesticides
Act.
Unspecified Non- For non-persistent compounds or mixtures
Persistent Toxic with no Objectives because of a lack of specif-
Substancss and ic data, their concentration should not exceed
Complex Effluents 0.05 of the 96 hour LC50 value for any ap-
proved test species.
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Table 2
Substances with Zero Tolerance Limits
Mercury
Dichlorodiphenyitrichloroe thane
(DDT) and metabolites
Polychlorinated Biphenyl (PCB)
Polybrominated Biphenyi (PBB)
Dechiorane - CjQClp (Mirex)
Table 3
Substances with Undefined Tolerance Limits
METALS
Aluminum
Antimonv
Barium
COMMENTS
in most natural waters the ionized
or potentially ionizabie aluminum
would be in the form of amonic
or neutral precipitates, concen-
trations of 0.1 mg/L or greater of
these would be deleterious to
growth and survival of fish
sources are: mine wastes, weath-
ering of rock
very toxic - 96 hr LC50 for fish
is 9 to 80 mg/L (dependent on
hardness)
96 hr LC50 for Daphnia is 20
mg/L
would expect it to be in the €03
or SC>4 form in natural waters;
BaCh lethalities to aquatic inver-
tebrates and fish are reported as
96 hr LC50 of 10-15 and 50-1500
mg/L; Barium can be concentrat-
ed from water to aquatic orga-
nisms by a factor of -150
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65.
Disulfocon (Disyston) - pesticide, very toxic to fish - 96
hour LC50< lOmg/L
- use may be limited and composi-
tion unstable
Kelthane (Dicofol) - pesticide, extremely toxic to
aquatic invertebrates 96 hour
LC50 < 1 mg/L
- frequency of use not identified
Methyl Parathion (Metaphos) - organophosphate pesticide
- very toxic to fish - 96 hour
LC50< 10 mg/L
- degrades in water
- extent of use not identified
Naled (Dibrom) - organophosphate pesticide
- extremely toxic to fish - 96
hour LC50 < 1 mg/L
- degrades in water
- common use in flea control for
dogs
- entrance to water limited to
accidental spill
Rotenone — popular piscicide extremely toxic
to fish - 96 hour LC50< i mg/L
— turf fundcide on aolf courses
PMA
TFM
Herbicides Actively Used
in Ontario:
Alachlor (Lasso)
Amitrole
Atrazine
Cu trine
Cyanazine
Glyphosate
Paraquat
Trifluralin (Treflan)
2.4.5-T
lampracide, extremely toxic to
fish, 96 hour LC50 < 1 mg/L
Insecticides Actively Used
in Ontario:
Altosid
Carbofuran (Furadan)
Dimilin
Temephos (Abate)
Fungicides Actively Used
in Ontario:
Captan
Dacanil
Pentachlorophenol
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