[26 Pa.B. 3537]
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Table 9: Stream Quality Objectives for Systemic Toxicants for the Delaware River Estuary.
Parameter EPA FRESHWATER OBJECTIVES MARINE CLASS. (µg/l) OBJECTIVES (µg/l) FISH & FISH FISH WATER INGESTION INGESTION INGESTION ONLY ONLY Antimony 14.0 4,310 757 Arsenic A 9.19 73.4 12.9 Beryllium B2 165 2,830 498 Cadmium 14.5 84.1 14.8 Chromium (Trivalent) 33,000 673,000 118,000 Hexavalent chromium A 166 3,370 591 Mercury D 0.144 0.144 0.144 Nickel 607 4,580 805 Selenium D 100 2,020 355 Silver D 175 108,000 18,900 Thallium 1.70 6.20 1.10 Zinc 9110 68,700 12,100 Aldrin B2 0.96 11.5 2.03 gamma - BHC (Lindane) 7.38 24.9 4.37 Chlordane B2 0.0448 0.0458 0.00805 DDT B2 0.100 0.100 0.0176 Dieldrin B2 0.108 0.115 0.020 Endosulfan 111 239 42.0 Endrin D 0.755 0.814 0.143 Heptachlor B2 0.337 0.344 0.060 Heptachlor epoxide B2 0.0234 0.0246 0.00433 Total PCBs B2 0.00839 0.00849 0.00149 Acrolein 320 780 137 Ethylbenzene 3,120 28,700 5,050 Bromoform B2 682 25,900 4,560 Bromodichloromethane B2 693 69,000 12,100 Dibromochloromethane C 690 46,600 8,190 Carbon tetrachloride B2 23.1 402 70.6 Chloroform B2 346 28,700 5,050 Chlorobenzene D 677 20,900 3,670 1,1 - Dichloroethene C 309 17,300 3,040 1,2 - trans - Dichloroethene 696 136,000 23,900 1,3 - Dichloropropene B2 10.4 1,690 297 Methyl bromide 49.0 N/A N/A Methylene chloride B2 2,090 710,000 125,000 1,1,2 - Trichloroethane C 138 9,490 1,670 Tetrachloroethene 318 3,520 618 1,1,1,2 - Tetrachloroethane C 1,000 22,400 3,940 Toluene 6,760 201,000 35,400 Acenaphthene 1,180 2,670 469 Anthracene D 4,110 6,760 1,190 Benzidine A 81.8 369 64.9 Bis (2-chloroisopropyl) ether 1,390 174,000 30,600 Bis (2-ethylhexyl) phthalate B2 492 1,660 291 Butylbenzl phthalate C 298 520 91.4 Diethyl phthalate D 22,600 118,000 20,700 Dimethyl phthalate D 313,000 2,990,000 526,000 Dibutyl phthalate D 2,710 12,100 2,130 1,2 - Dichlorobenzene D 2,670 17,400 3,060 1,3 - Dichlorobenzene D 414 3,510 617 1,4 - Dichlorobenzene 419 3,870 677 2,4 - Dinitrotoluene 69.2 5,670 996 Fluoranthene 296 375 65.8 Fluorene D 730 1,530 268 Hexachlorobenzene B2 0.958 0.991 0.174 Hexachlorobutadiene C 69.4 7,750 1,360 Hexachlorocyclopentadiene 242 17,400 3,050 Hexachloroethane C 27.3 124 21.7 Isophorone C 6,900 492,000 86,400 Nitrobenzene D 17.3 1,860 327 Pyrene D 228 291 51.1 1,2,4 - Trichlorobenzene D 255 945 166 2 - Chlorophenol 122 402 70.6 2,4 - Dichlorophenol 92.7 794 139 2,4 - Dimethylphenol 536 2,300 403 2,4 - Dinitrophenol 70 14,300 2,500 Pentachlorophenol B2 1,010 29,400 5,160 Phenol 20,900 4,620,000 811,000 2. Amend Article 4 of the Administrative Manual--Part III Water Quality Regulations as follows:
a. Subsection 4.20.4B. is revised to read as follows:
B. so that the assimilation of such waste by the interstate waters will not result in a violation of such water quality criteria.
1. For the purposes of establishing wasteload allocations for toxic pollutants for the Delaware River Estuary, the lower of the 95th percentile of the available data at the appropriate criteria duration, or the water quality criterion at or above the head of the tide shall be used to establish boundary conditions.
b. Subsection 4.20.5 is added to read as follows:
4.20.5 Application of Criteria for Toxic Pollutants.
A. Delaware River Estuary.
1. In establishing wasteload allocations and other effluent requirements, exceedances of stream quality objectives for the protection of aquatic life from acute effects may be permitted in small areas near outfall structures, provided that all of the following requirements are met.
a. The dimensions of the area where objectives are exceeded shall be limited to the more stringent of the following restrictions:
1). a distance of 50 times the discharge length scale in any direction from the outfall structure, or
2). a distance of 5 times the local water depth in any direction from the outfall structure.
b. Stream quality objectives shall not be exceeded in areas designated as critical habitat for fish and benthic organisms.
c. Stream quality objectives shall not be exceeded where effluent flows over exposed benthic habitat prior to mixing with the receiving waters.
d. A zone of passage for free-swimming and drifting organisms equal to 50% of the surface width of the river at the location of the discharge shall be provided.
e. The total surface area of the Delaware River Estuary where stream quality objectives for the protection of aquatic life from acute effects are exceeded shall be limited to:
1). 5% of the total surface area of Zones 2, 3 and 4, and
2). 5% of the total surface area of Zone 5.
f. Upon the request of one or more dischargers, the Executive Director may consider requests for alternatives to the requirements of subsections a. through e. of section 4.20.5.A.1. Such requests shall provide a demonstration that the alternative requirement requested will not adversely impact free-swimming, drifting and benthic organisms. The demonstration(s) shall provide a sound rationale, and be supported by substantial scientific data and analysis. The methodology and form of the demonstration shall be approved by the Executive Director. The Executive Director may reject any requests which are not substantive, and may establish more restrictive areas where acute stream quality objectives may be exceeded based upon the evaluation of submitted demonstrations.
g. The Executive Director may consider requests to conduct studies to confirm the mixing characteristics and the predicted dilution isopleths of a discharge. Such requests shall provide a demonstration based upon sound scientific and technical rationale, and be supported by substantial data and analysis. The methodology and form of the demonstration shall be approved by the Executive Director. The Executive Director may reject any requests which are not substantive, and may establish areas where acute stream quality objectives may be exceeded that are less or more restrictive based upon the evaluation of submitted demonstrations.
2. For those stream quality objectives whose numerical value is related to hardness, a median hardness value of 74 mg/l as CaCO3 shall be used to represent the hardness of the receiving water for the purposes of determining the numerical value of those objectives. This median hardness value shall be used to establish the aquatic life objective for protection from chronic effects; and in conjunction with the site-specific median hardness value of the effluent and the dilution factor, the aquatic life objective for protection from acute effects.
3. For those stream quality objectives whose numerical value is related to pH, a median pH value of 7.1 shall be used to represent the pH of the receiving water for the purposes of determining the numerical value of those objectives. This median pH value shall be used to establish the aquatic life objective for protection from chronic effects; and in conjunction with the site-specific median pH value of the effluent and the dilution factor, the aquatic life objective for protection from acute effects.
4. Assumptions for Estuarine Mixing. Complete vertical and lateral mixing shall be assumed in the Estuary in applying chronic aquatic life and human health stream quality objectives under design conditions. Site-specific data which does not support this assumption will be considered by the Commission in establishing allocations to discharges.
5. Deriving Total Recoverable Wasteload Allocations for Metals. Wasteload allocations developed from the dissolved stream quality objectives for seven cationic metals shall be converted into total recoverable wasteload allocations using a translator. The translator shall be determined using procedures specified by the Commission. In the absence of data to develop a translator for any of the metals, the reciprocal of the factor used to convert the total recoverable water quality criteria to a dissolved stream quality objective shall be used for the translator.
B. Definitions.
1. Critical Habitat. Specific areas within the tidal Delaware River which are or could be occupied by a species absent the toxic effect of pollutants; and which have those physical, chemical and biological features which are essential to the conservation and maintenance of the Delaware Estuary population. The Commission shall identify and determine critical habitat within the tidal Delaware River. Such determination shall consider the spatial and temporal requirements of the species including critical life stages. Determinations shall be governed by the Commission's Rules of Practice and Procedure relating to review, hearing and decisions of objections thereto.
2. Discharge Length Scale. The square root of the cross-sectional area of any discharge outlet.
c. Subsection 4.30.7A.4.a. is revised to read as follows:
a. The reserve in each zone shall be utilized to accommodate new discharges or major revisions to an allocation, or any reallocation, when appropriate in the judgment of the Commission.
d. Subsection 4.30.7A.5. is revised to read as follows:
5. Reallocations.
a. Carbonaceous Oxygen Demand
1). All allocations shall be subject to review by the Commission and, after such review, the Commission may make such reallocation as it deems necessary.
2). If any factors upon which an individual allocation is based change significantly, application shall be made to the Executive Director for a revised allocation.
3). Whenever the reserve in a zone approaches depletion, or when the full use of the assimilative capacity is approached, or when in the judgment of the Commission, the allocations existing at that time are no longer equitable, the capacity in the zone, minus a reserve, will be reallocated among the waste dischargers in that zone.
b. Toxic Pollutants
1). All allocations shall be subject to review by the Commission and, after such review, the Commission may make such reallocation as it deems necessary.
2). If any factors upon which an individual allocation is based change significantly, application shall be made to the Executive Director for a revised allocation. The Executive Director shall provide notice to interested and affected parties prior to establishing the revised allocation.
3). Allocations shall, as a minimum, be reviewed and, if required, revised every 5 years, or as directed by the Commission.
e. Subsection 4.30.7A.8. is added to read as follows:
8. Design Effluent Flow. For the purpose of determining the waste assimilative capacity of a stream and the wasteload allocations for discharges of toxic pollutants, the following design effluent flows will be used:
a. For industrial wastewater treatment plant discharges covered by Effluent Limitations Guidelines (ELG) promulgated by the U.S. EPA, the effluent design flow shall be the average daily flow associated with:
1). the month having the highest monthly production rate of the previous 12 months or, if greater,
2). the year having the highest annual production rate of the previous 5 years.
b. If the discharge from an industrial wastewater treatment plant is not covered by Effluent Limitations Guidelines (ELG) promulgated by the U.S. EPA, is mixed with stormwater or cooling water or production data are not available, the effluent design flow shall be the average daily flow associated with:
1). the month with the highest monthly flow rate of the previous 12 months, or if greater,
2). the year having the highest annual flow rate of the previous 5 years.
c. For municipal wastewater treatment plant discharges, the effluent design flow shall be the higher of:
1). the average daily flow of the plant for the previous 3 years including a growth factor based upon a 5-year projection, if available, or
2). the design capacity of the plant expressed as the annual average flow.
f. Subsection 4.30.7B.2. is added to read as follows:
2. Toxic Pollutants. Under sections 3.10.4.E. and 4.30.7.A. of these regulations, the Commission shall establish wasteload allocations and other effluent requirements that may be necessary to meet the stream quality objectives for toxic pollutants contained in section 3.30.
a. Reserve. A reserve allocation of 5% of the Total Maximum Daily Load (TMDL) shall be established as a part of an allocation or reallocation, by increasing the effluent design flow by 5%.
b. Margin of Safety. As part of an allocation or reallocation, a proportion of the Total Maximum Daily Load shall be established as a margin of safety. The proportion established shall reflect the degree of uncertainty in the data and resulting water quality-based controls.
c. Allocation to Discharges.
1). Wasteload allocations shall be established for continuous point source discharges to address acute aquatic life protection, chronic aquatic life protection and both carcinogenic and systemic toxicants.
a). The water quality objective for the establishment of any allocation or reallocation shall be the stream quality objectives contained in section 3.30. If the background concentration of a toxic pollutant at the appropriate criteria duration exceeds the stream quality objective as a result of loadings from sources not subject to control, then the water quality objective shall be the background concentration of the pollutant.
b). The minimum flows for aquatic life protection and to protect the taste and odor of ingested water and fish are based on a minimum consecutive 7-day flow with a 10-year recurrence interval for all tributaries; and for the Delaware River, a flow of 2500 cfs at Trenton. For the protection of human health, the harmonic mean flow shall be used for carcinogens, and the minimum consecutive 30-day flow with a 5-year recurrence interval shall be used for systemic toxicants.
2). Allocations shall be determined by the Executive Director using the procedure described in section 4.30.7.B.2.c.4). or alternative procedures that are consistent with the doctrine of equitable apportionment, and achieve the following:
a). assure compliance with applicable stream quality objectives;
b). provide maximum equity among competing discharges; and
c). minimize the overall cost of compliance.
3). The loadings of toxic pollutants identified in section 4.30.7.B.2.c. shall be allocated among individual continuous point source discharges which meet any of the following criteria:
a). The discharge has an existing permit limit for the parameter,
b). Effluent data indicates the presence of the parameter, or
c). The reasonable potential exists for the parameter to occur in the discharge.
4). Allocations for continuous point source discharges will be based upon the equal marginal percent reduction procedure which has been determined to be consistent with the requirements of section 4.30.7.B.2.c.2). This procedure requires all dischargers, whether they are part of a multiple discharge wasteload allocation scenario or not, to provide treatment of their wastewater to achieve the applicable water quality standard; and in addition, requires some dischargers to provide additional treatment due to the cumulative impact of all discharges.
a). Alternative wasteload allocation procedures may be considered by the Commission if they provide timely compliance with section 4.30.7.B.2.c.2). and include the consent of all dischargers affected by the alternative procedure.
b). Discharges meeting any of the requirements of section 4.30.7.B.2.c.3). will be assigned an initial loading based upon the following information in order of preference:
i). The average monthly limit obtained from effluent guideline limitations promulgated by the U.S. Environmental Protection Agency for the point source category applicable to the discharge,
ii). Any average monthly limitation for the parameter in the current discharge permit,
iii). Monitoring data of sufficient quantity and quality, as determined by the Executive Director, to characterize the concentration of the parameter in the discharge, or
iv). Minimum performance standards established by the Executive Director for industrial and municipal wastewater treatment plants discharging to the tidal Delaware River. In assigning the initial loading, the average loading at the appropriate criteria duration will be calculated using the coefficient of variation (CV) calculated from monitoring data or a default value of 0.6 in the absence of data of sufficient quantity and quality, as determined by the Executive Director.
c). Discharges contributing to an exceedance of a stream quality objective due to the cumulative effect of all discharges may not be required to provide additional treatment or loading reduction if the discharge does not represent a significant proportion of the marginal loading.
5). Allocations established by the Executive Director and reallocations required under section 4.30.7.A.5.b.2). shall be published in a document containing the specific procedures, tools and assumptions used to derive the allocations.
6). Wasteload allocations established under section 4.30.7.B.2.c. shall be referred to the appropriate agency of the signatory parties, respectively, for use, as appropriate, in developing effluent limitations, schedules of compliance and other requirements in permits.
d. Adjustment for Pollutants in Intake Water. Wasteload allocations established for an industrial discharge may be adjusted by the Executive Director, in consultation with the appropriate agency of the signatory parties, to account for pollutants present in water withdrawn for use by the facility from the receiving water provided that the following conditions are met:
1). In the absence of pollutants in the water withdrawn, there would be no exceedance of the stream quality objectives for toxic pollutants;
2). Pollutants in the discharge resulting from any other activity, operation or materials used or produced at the facility do not significantly contribute to an exceedance of the stream quality objectives for toxic pollutants contained in section 3.30.;
3). No statistically significant difference can be detected between the intake and effluent concentrations and loadings of a toxic pollutant based upon a rigorous analysis of data representative of operating and ambient conditions at the facility; and
4). No practicable alternative source of intake water is available.
g. Subsection 4.30.7C. is added to read as follows:
C. Definitions.
1. Wasteload Allocation.
The portion of the Total Maximum Daily Load of a body of water or section thereof that is allocated to an existing or future point source of pollution. Or, any limitation on the loading and/or concentration of a pollutant discharged from a point source required to ensure that stream quality objectives are not exceeded.
2. Total Maximum Daily Load (TMDL). The maximum daily loading of a pollutant from all sources which still ensures that water quality objectives are met.
3. Margin of Safety. A factor that takes into account any uncertainty or lack of knowledge about the relationship between pollutant loadings and the quality of the receiving water.
4. Marginal Load. The portion of the loading of a pollutant that contributes to an exceedance of a stream quality objective when the cumulative loading from all point sources is considered.
5. Effluent Limitations Guidelines. Effluent limitations for pollutants for categories and classes of point sources promulgated by the U.S. Environmental Protection Agency under section 301 of the Clean Water Act which reflect the best available treatment technology.
6. Harmonic Mean Flow. The flow value corresponding to the number of daily flow measurements divided by the sum of the reciprocals of the flows.
7. Background Concentration. The concentration of a toxic pollutant at any point in the Estuary that results from loadings from tributaries, sediments (if applicable), and any point or non-point sources not subject to control in the current allocation or reallocation.
8. Continuous Point Source Discharge. A discharge of wastewater permitted under the National Pollutant Discharge Elimination System (NPDES) which occurs without interruption during the operating hours of a facility except for infrequent shutdowns, and is not primarily dependent on precipitation-induced flows.
9. Long-term Average Concentration. The mean concentration of a toxic pollutant in the effluent that represents the desired performance of a wastewater treatment plant.
10. Minimum Performance Standards. The long-term average concentration for an parameter for which stream quality objectives have been established under section 3.10.3.C. or D.
a. For volatile and non-volatile organic chemicals, the standard is the maximum for a monthly average specified in the effluent guideline limitations for the Organic Chemicals, Plastics, and Synthetic Fibers (OCPSF) industrial category, or the highest reported effluent value for activated sludge treatment specified in the U.S. EPA's Water Engineering Research Laboratory data base.
b. For chlorinated pesticides and polychlorinated biphenyls, the standard is the Practical Quantitation Limit (PQL) for the compound.
c. For metals and indicator parameters, the standard is the average concentration of the parameter in industrial or municipal treatment plant discharges to the Estuary.
3. Amend Interpretive Guideline No. 1 of the Administrative Manual--Part III Water Quality Regulations as follows:
a. Subsection A.(1)a. is revised to read as follows:
a. Toxic Substances. The following limits shall apply in Basin waters other than Zones 2, 3, 4 and 5.
b. Subsection B.(2)b. is revised to read as follows:
b. Toxicity. The following requirements shall apply in Basin waters other than Zones 2, 3, 4 and 5.
Delaware River Basin Compact, 75 Stat. 688.
SUSAN M. WEISMAN,
SecretaryFiscal Note: 68-33. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 25. ENVIRONMENTAL PROTECTION
PART V. DELAWARE RIVER BASIN COMMISSION
CHAPTER 901. GENERAL PROVISIONS § 901.2. Water quality.
The Basin Regulations--Water Code and Water Quality Standards as set forth in 18 CFR Part 410 [(1994)] 1996 are hereby incorporated by reference and made a part of this title.
[Pa.B. Doc. No. 96-1206. Filed for public inspection July 26, 1996, 9:00 a.m.]
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