New Mexico Register / Volume XXXIII, Issue 7 / April 5, 2022
This
is an amendment to 20.6.4 NMAC, Sections 6, 7, 8, 9, 10, 11, 12, 13, 14, 15,
97, 103, 108, 112, 115, 116, 126, 128, 140, 204, 206, 207, 208, 209, 215, 220,
231, 307, 309, 311, 312, 318, 405, 408, 900 and 901, effective 4/23/2022.
20.6.4.6 OBJECTIVE:
A. The
purpose of this part is to establish water quality standards that consist of
the designated use or uses of surface waters of the state, the water quality
criteria necessary to protect the use or uses and an antidegradation policy.
B. The
state of New Mexico is required under the New Mexico Water Quality Act
(Subsection C of Section 74-6-4 NMSA 1978) and the federal Clean Water Act, as
amended (33 U.S.C. Section 1251 et seq.)
to adopt water quality standards that protect the public health or welfare,
enhance the quality of water and are consistent with and serve the purposes of
the New Mexico Water Quality Act and the federal Clean Water Act. It is the objective of the federal Clean
Water Act to restore and maintain the chemical, physical and biological
integrity of the nation’s waters, including those in New Mexico. This part is consistent with Section
101(a)(2) of the federal Clean Water Act, which declares that it is the
national goal that wherever attainable, an interim goal of water quality that
provides for the protection and propagation of fish, shellfish and wildlife and
provides for recreation in and on the water be achieved by July 1, 1983. Agricultural, municipal, domestic and
industrial water supply are other essential uses of New Mexico’s surface water;
however, water contaminants resulting from these activities will not be
permitted to lower the quality of surface waters of the state below that required
for protection and propagation of fish, shellfish and wildlife and recreation
in and on the water, where practicable.
C. Pursuant
to Subsection A of Section 74-6-12 NMSA 1978, this part does not grant to the
water quality control commission or to any other entity the power to take away
or modify property rights in water.
[20.6.4.6 NMAC - Rp 20 NMAC 6.1.1006,
10/12/2000; A, 5/23/2005; A, 4/23/2022]
20.6.4.7 DEFINITIONS: Terms defined in the New Mexico Water Quality Act, but not defined in this part will have the meaning given in the Water Quality Act.
A. Terms beginning with numerals or the letter
“A,” and abbreviations for units.
(1) “4Q3” means the
critical low flow as determined by the minimum average flow over four
consecutive days that occurs with a frequency of once in three years.
[(1)]
(2) “4T3
temperature”
means the temperature not to be exceeded for four or more consecutive hours in
a 24-hour period on more than three consecutive days.
[(2)]
(3) “6T3
temperature”
means the temperature not to be exceeded for six or more consecutive hours in a
24-hour period on more than three consecutive days.
[(3)]
(4) Abbreviations used to indicate units
are defined as follows:
(a) “cfu/100 mL” means colony-forming units per 100 milliliters; the results for E.
coli may be
reported as either colony forming units (CFU) or the most probable number
(MPN), depending on the analytical method used;
(b) “cfs”
means cubic feet per second;
(c) “μg/L” means micrograms per liter, equivalent to parts per billion when the
specific gravity of the solution equals 1.0;
(d) “µS/cm” means microsiemens per centimeter; one µS/cm is equal to one
µmho/cm;
(e) “mg/kg” means milligrams per kilogram, equivalent to parts per million;
(f) “mg/L” means milligrams per liter, equivalent to parts per million when the specific
gravity of the solution equals 1.0;
(g) “MPN/100 mL” means most probable number per 100 milliliters; the results for E.
coli may be
reported as either CFU or MPN, depending on the analytical method used;
(h) “NTU” means nephelometric turbidity unit;
(i) “pCi/L” means picocuries per liter;
(j) “pH” means the measure of the acidity or alkalinity and is expressed in
standard units (su).
[(4)]
(5) “Acute
toxicity” means
toxicity involving a stimulus severe enough to induce a response in 96 hours of
exposure or less. Acute toxicity is not
always measured in terms of lethality, but may include other toxic effects that
occur within a short time period.
[(5)]
(6) “Adjusted
gross alpha”
means the total radioactivity due to alpha particle emission as inferred from
measurements on a dry sample, including radium-226, but excluding radon-222 and
uranium. Also excluded are source,
special nuclear and by-product material as defined by the Atomic Energy Act of
1954.
[(6)]
(7) “Aquatic
life” means
any plant or animal life that uses surface water as primary habitat for at
least a portion of its life cycle, but does not include avian or mammalian
species.
[(7)]
(8) “Attainable
Use”
means a use that is achievable by the
imposition of effluent limits required under sections 301(b) and 306 of the federal Clean Water Act and
implementation of cost-effective and reasonable best management practices for
nonpoint source control. An attainable use may
or may not have criteria as stringent as the criteria for the designated use.
B. Terms beginning with the letter “B”.
(1) “Best management practices” or “BMPs”:
(a) for national pollutant discharge elimination system
(NPDES) permitting purposes means schedules of activities, prohibitions of
practices, maintenance procedures and other management practices to prevent or
reduce the pollution of “waters of the United States;” BMPs also include
treatment requirements, operating procedures and practices to control plant
site runoff, spillage or leaks, sludge or waste disposal or drainage from raw
material storage; or
(b) for nonpoint source pollution control purposes means
methods, measures or practices selected by an agency to meet its nonpoint
source control needs; BMPs include but are not limited to structural and
nonstructural controls and operation and maintenance procedures; BMPS can be
applied before, during and after pollution-producing activities to reduce or
eliminate the introduction of pollutants into receiving waters; BMPs for
nonpoint source pollution control purposes shall not be mandatory except as
required by state or federal law.
(2) “Bioaccumulation” refers to the uptake and retention of a
substance by an organism from its surrounding medium and food.
(3) “Bioaccumulation factor” is the ratio of a
substance’s concentration in tissue versus its concentration in ambient water,
in situations where the organism and the food chain are exposed.
(4) “Biomonitoring” means the use of living organisms to test
the suitability of effluents for discharge into receiving waters or to test the
quality of surface waters of the state.
C. Terms beginning with the letter “C”.
(1) “CAS number” means an assigned number by chemical abstract service (CAS) to identify
a substance. CAS numbers index
information published in chemical abstracts by the American chemical society.
(2) “Chronic toxicity” means toxicity involving a stimulus that lingers or continues for a
relatively long period relative to the life span of an organism. Chronic effects include, but are not limited
to, lethality, growth impairment, behavioral modifications, disease and reduced
reproduction.
(3) “Classified water of the state” means a surface water of the state, or reach
of a surface water of the state, for which the commission has adopted a segment
description and has designated a use or uses and applicable water quality
criteria in 20.6.4.101 through 20.6.4.899 NMAC.
[(4)]
(5) “Closed basin” is a basin where topography prevents the surface outflow of water
and water escapes by evapotranspiration or percolation.
[(5)]
(6) “Coldwater” in reference to an aquatic life use means a surface water of the state
where the water temperature and other characteristics are suitable for the
support or propagation or both of coldwater aquatic life.
[(6)]
(7) “Coolwater” in reference to an aquatic life use means the water temperature and
other characteristics are suitable for the support or propagation of aquatic
life whose physiological tolerances are intermediate between and may overlap
those of warm and coldwater aquatic life.
[(7)]
(8) “Commission” means the New Mexico
water quality control commission.
[(8)]
(9) “Criteria” are elements of state water quality standards, expressed as constituent
concentrations, levels or narrative statements, representing a quality of water
that supports a use. When criteria are
met, water quality will protect the designated use.
D. Terms beginning with the letter “D”.
(1) “DDT and derivatives” means 4,4’-DDT (CAS number 50293), 4,4’-DDE (CAS number 72559) and
4,4’-DDD (CAS number 72548).
(2) “Department” means the New Mexico environment department.
(3) “Designated use” means a use specified in 20.6.4.97 through 20.6.4.899 NMAC for a surface
water of the state whether or not it is being attained.
(4) “Dissolved” refers to the fraction of a constituent of a water sample that passes
through a 0.45-micrometer pore-size filter.
The “dissolved” fraction is also termed “filterable residue.”
(5) “Domestic water supply” means a surface water of the state that
could be used for drinking or culinary purposes after disinfection.
E. Terms beginning with the letter “E”.
(1) “E. coli” means the bacteria Escherichia coli.
[(2)]
(3) “Ephemeral” when used to describe
a surface water of the state means the water body contains water briefly only
in direct response to precipitation; its bed is always above the water table of
the adjacent region.
[(3)]
(4) “Existing
use” means a
use actually attained in a surface water of the state on or after November 28,
1975, whether or not it is a designated use.
F. Terms beginning with the letter “F”.
(1) “Fish culture” means production of coldwater or warmwater fishes in a hatchery or
rearing station.
(2) “Fish early life stages” means the egg and larval stages of
development of fish ending when the fish has its full complement of fin rays
and loses larval characteristics.
G. Terms beginning with the letter “G” [RESERVED]
H. Terms beginning with the letter “H”.
(2) “Harmonic mean flow” is the
number of daily flow measurements divided by the sum of the reciprocals of the
flows; that is, it is the reciprocal of the arithmetic mean of reciprocal daily
flow measurements consistent with the equations in Paragraph (1) of Subsection
B of 20.6.4.11 NMAC.
[(1)]
(3) “High
quality coldwater” in reference to an aquatic life use means a perennial surface water of
the state in a minimally disturbed condition with considerable aesthetic value
and superior coldwater aquatic life habitat.
A surface water of the state to be so categorized must have water
quality, stream bed characteristics and other attributes of habitat sufficient
to protect and maintain a propagating coldwater aquatic life population.
[(2)]
(4) “Human
health-organism only” means the health of humans who ingest fish or other aquatic organisms
from waters that contain pollutants.
I. Terms beginning with the letter “I”.
(1) “Industrial water supply” means the use or storage of water by a
facility for process operations unless the water is supplied by a public water
system. Industrial water supply does not include irrigation or other
agricultural uses.
(2) “Intermittent” when used to describe a surface water of the state means the water body
contains water for extended periods only at certain times of the year, such as
when it receives seasonal flow from springs or melting snow.
(3) “Interstate waters” means all surface waters of the state that cross or form a part of the
border between states.
(4) “Intrastate waters” means all surface waters of the state that are not interstate waters.
(5) “Irrigation” means application of water to land areas to
supply the water needs of beneficial plants.
(6) “Irrigation
storage” means storage of water to supply the needs of beneficial plants.
J. Terms beginning with the letter “J”. [RESERVED]
K. Terms beginning with the letter “K”. [RESERVED]
L. Terms beginning with the letter “L”.
(1) “LC-50” means the concentration of a substance that is lethal to fifty percent
of the test organisms within a defined time period. The length of the time period, which may vary
from 24 hours to one week or more, depends on the test method selected to yield
the information desired.
(2) “Limited aquatic life” as a designated use, means the surface water is capable of supporting
only a limited community of aquatic life.
This subcategory includes surface waters that support aquatic species
selectively adapted to take advantage of naturally occurring rapid
environmental changes, [ephemeral or intermittent water,] low-flow, high turbidity,
fluctuating temperature, low dissolved oxygen content or unique chemical
characteristics.
(3) “Livestock watering” means the use of a surface water of the state as a supply of water for
consumption by livestock.
M. Terms beginning with the letter “M”.
(1) “Marginal coldwater” in reference to an aquatic life use means that natural [intermittent or low
flows, or other natural] habitat conditions severely limit
maintenance of a coldwater aquatic life population during at least some
portion of the year or historical data indicate that the temperature [in] of the surface water of
the state may exceed that which could continually support aquatic
life adapted to coldwater [25°C (77°F)].
(2) “Marginal warmwater” in reference to an aquatic life use means natural intermittent or low
flow or other natural habitat conditions severely limit the ability of the
surface water of the state to sustain a natural aquatic life population on a
continuous annual basis; or historical data indicate that natural water
temperature routinely exceeds 32.2°C (90°F).
(3) “Maximum temperature” means the instantaneous temperature not to be exceeded at any time.
(4) “Minimum quantification level” means the minimum quantification level for a
constituent determined by official published documents of the United States environmental
protection agency.
N. Terms beginning with the letter “N”.
(1) “Natural background” means that portion of a pollutant load in a surface water resulting only
from non-anthropogenic sources. Natural
background does not include impacts resulting from historic or existing human
activities.
(2) “Natural causes” means those causal agents that would affect water quality and the effect
is not caused by human activity but is due to naturally occurring conditions.
(3) “Nonpoint source” means any source of pollutants not regulated as a point source that
degrades the quality or adversely affects the biological, chemical or physical
integrity of surface waters of the state.
O. Terms beginning with the letter “O”.
(1) “Organoleptic” means the capability to produce a detectable sensory stimulus such as
odor or taste.
(2) “Oversight agency” means a state or federal agency, such as the
United States department of agriculture forest service, that is responsible for
land use or water quality management decisions affecting nonpoint source
discharges where an outstanding national resource water is located.
P. Terms
beginning with the letter “P”.
(1) “Playa” means a shallow closed basin lake typically
found in the high plains and deserts.
(2) “Perennial” when used to describe a surface water of the
state means the water body typically contains water throughout the year and
rarely experiences dry periods.
(3) “Persistent toxic pollutants” means pollutants,
generally organic, that are resistant to environmental degradation through
chemical, biological and photolytic processes and can bioaccumulate in
organisms, causing adverse impacts on human health and aquatic life.
[(3)]
(4) “Point source” means any discernible, confined and discrete
conveyance from which pollutants are or may be discharged into a surface water
of the state, but does not include return flows from irrigated agriculture.
[(4)] (5) “Practicable” means that which may
be done, practiced or accomplished; that which is performable, feasible,
possible.
[(5)] (6) “Primary
contact”
means any recreational or other water use in which there is prolonged and
intimate human contact with the water, such as swimming and water skiing,
involving considerable risk of ingesting water in quantities sufficient to pose
a significant health hazard. Primary
contact also means any use of surface waters of the state for cultural,
religious or ceremonial purposes in which there is intimate human contact with
the water, including but not limited to ingestion or immersion, that could pose
a significant health hazard.
[(6)] (7) “Public
water supply”
means the use or storage of water to supply a public water system as defined by
New Mexico’s Drinking Water Regulations, 20.7.10 NMAC. Water provided by a public water system may
need to undergo treatment to achieve drinking water quality.
Q. Terms beginning with the letter “Q”. [RESERVED]
R. Terms beginning with the letter “R”. [RESERVED]
S. Terms beginning with the letter “S”.
(1) “Secondary contact” means any recreational or other water use in which human contact with
the water may occur and in which the probability of ingesting appreciable
quantities of water is minimal, such as fishing, wading, commercial and
recreational boating and any limited seasonal contact.
(2) “Segment” means a classified water of the state described in 20.6.4.101 through
20.6.4.899 NMAC. The water within a
segment should have the same uses, similar hydrologic characteristics or flow
regimes, and natural physical, chemical and biological characteristics and
exhibit similar reactions to external stresses, such as the discharge of
pollutants.
(3) “Specific conductance” is a measure of the ability of a water solution to conduct an electrical
current.
(4) “State” means the state of New Mexico.
(5) “Surface water(s) of the state”
(a) means all surface waters
situated wholly or partly within or bordering upon the state, including the following:
(i) lakes [,] ;
(ii) rivers [,] ;
(iii) streams
(including intermittent and ephemeral streams) [,] ;
(iv) mudflats [,] ;
(v) sandflats [,] ;
(vi) wetlands [,] ;
(vii) sloughs
[,] ;
(viii) prairie
potholes [,] ;
(ix) wet meadows [,] ;
(x) playa lakes [,] ;
(xi) reservoirs [,]; [or] and
(xii) natural
ponds.
(b) [Surface waters of
the state] also means all tributaries of such waters, including adjacent wetlands,
any manmade bodies of water that were originally created in surface waters of
the state or resulted in the impoundment of surface waters of the state, and
any “waters of the United States” as defined under the Clean Water Act that are
not included in the preceding description.
(c) [Surface waters of
the state] does not include private waters that do not combine with other surface
or subsurface water or any water under tribal regulatory jurisdiction pursuant
to Section 518 of the Clean Water Act.
Waste treatment systems, including treatment ponds or lagoons designed
and actively used to meet requirements of the Clean Water Act (other than
cooling ponds as defined in 40 CFR Part 423.11(m) that also meet the criteria
of this definition), are not surface waters of the state, unless they were
originally created in surface waters of the state or resulted in the
impoundment of surface waters of the state.
T. Terms beginning with the letter “T”.
(1) “TDS”
means total dissolved solids, also termed “total filterable residue.”
(2) “Toxic pollutant” means those pollutants, or combination of pollutants, including
disease-causing agents, that after discharge and upon exposure, ingestion,
inhalation or assimilation into any organism, either directly from the
environment or indirectly by ingestion through food chains, will cause death,
shortened life spans, disease, adverse behavioral changes, reproductive or
physiological impairment or physical deformations in such organisms or their
offspring.
(3) “Tributary” means a perennial, intermittent or ephemeral waterbody that flows into a
larger waterbody, and includes a tributary of a tributary.
(4) “Turbidity” is an expression of the optical property in water that causes incident
light to be scattered or absorbed rather than transmitted in straight lines.
U. Terms beginning with the letter “U”. [RESERVED]
(1) “Unclassified waters of the state”
means those surface waters of the state not identified in 20.6.4.101 through
20.6.4.899 NMAC.
(2) “Use attainability analysis”
means a scientific study conducted for the purpose of assessing the factors
affecting the attainment of a use.
V. Terms beginning with the letter “V” [RESERVED]
W. Terms beginning with the letter “W”.
(1) “Warmwater” with reference to an aquatic life use means that water temperature and
other characteristics are suitable for the support or propagation or both of warmwater
aquatic life.
(2) “Water contaminant” means any substance that could alter if discharged or spilled the
physical, chemical, biological or radiological qualities of water. “Water contaminant” does not mean source,
special nuclear or by-product material as defined by the Atomic Energy Act of
1954, but may include all other radioactive materials, including but not
limited to radium and accelerator-produced isotopes.
(3) “Water pollutant” means a water contaminant in such quantity and of such duration as may
with reasonable probability injure human health, animal or plant life or
property, or to unreasonably interfere with the public welfare or the use of
property.
(4) “Wetlands” means those areas that are inundated or saturated by surface or ground
water at a frequency and duration sufficient to support, and under normal
circumstances do support, a prevalence of vegetation typically adapted for life
in saturated soil conditions in New Mexico.
Wetlands that are constructed outside of a surface water of the state
for the purpose of providing wastewater treatment and that do not impound a
surface water of the state are not included in this definition.
(5) “Wildlife habitat” means a surface water of the state used by plants and animals not
considered as pathogens, vectors for pathogens or intermediate hosts for
pathogens for humans or domesticated livestock and plants.
X. Terms beginning with the letters “X” through “Z”. [RESERVED]
[20.6.4.7 NMAC - Rp 20 NMAC 6.1.1007,
10/12/2000; A, 7/19/2001; A, 5/23/2005; A, 7/17/2005; A, 8/1/2007; A,
12/1/2010; A, 1/14/2011; A, 3/2/2017; A, 4/23/2022]
20.6.4.8 ANTIDEGRADATION POLICY AND IMPLEMENTATION PLAN:
A. Antidegradation
Policy: This antidegradation policy applies to all
surface waters of the state.
(1) Existing [instream water ] uses, as defined in
Paragraph (4) of Subsection E of 20.6.4.7 NMAC, and the level of water
quality necessary to protect the existing uses shall be maintained and
protected in all surface waters of the state.
(2) Where the quality of a surface water of the state exceeds
levels necessary to support the propagation of fish, shellfish, and wildlife,
and recreation in and on the water, that quality shall be maintained and
protected unless the commission finds, after full satisfaction of the
intergovernmental coordination and public participation provisions of the
state’s continuing planning process, that allowing lower water quality is
necessary to accommodate important economic and social development in the area
in which the water is located. In
allowing such degradation or lower water quality, the state shall assure water
quality adequate to protect existing uses fully. Further, the state shall assure that there
shall be achieved the highest statutory and regulatory requirements for all new
and existing point sources and all cost-effective and reasonable BMPs for
nonpoint source control. Additionally,
the state shall encourage the use of watershed planning as a further means to
protect surface waters of the state.
(3) No degradation shall be allowed in waters designated by
the commission as outstanding national resource waters (ONRWs), except as
provided in Subparagraphs (a) through (e) of this paragraph and in Paragraph
(4) of this Subsection A.
(a) After providing a minimum 30-day public review and comment
period, the commission determines that allowing temporary and short-term
degradation of water quality is necessary to accommodate public health or
safety activities in the area in which the ONRW is located. Examples of public health or safety
activities include but are not limited to replacement or repair of a water or
sewer pipeline or a roadway bridge. In making its decision,
the commission shall consider whether the activity will interfere with
activities implemented to restore or maintain the chemical, physical or
biological integrity of the water. In
approving the activity, the commission shall require that:
(i) the degradation shall be limited to the shortest possible
time and shall not exceed six months;
(ii) the degradation shall be minimized and controlled by best
management practices or in accordance with permit requirements as appropriate;
all practical means of minimizing the duration, magnitude, frequency and
cumulative effects of such degradation shall be utilized;
(iii) the degradation shall not result in water quality lower than
necessary to protect any existing use in the ONRW; and
(iv) the degradation shall not alter the essential character or
special use that makes the water an [ORNW] ONRW.
(b) Prior to the commission making a determination, the
department or appropriate oversight agency shall provide a written
recommendation to the commission. If the
commission approves the activity, the department or appropriate oversight
agency shall oversee implementation of the activity.
(c) Where an emergency response action that may result in
temporary and short-term degradation to an ONRW is necessary to mitigate an
immediate threat to public health or safety, the emergency response action may
proceed prior to providing notification required by Subparagraph (a) of this
paragraph in accordance with the following:
(i) only actions that mitigate an immediate threat to public
health or safety may be undertaken pursuant to this provision; non-emergency
portions of the action shall comply with the requirements of Subparagraph (a)
of this paragraph;
(ii) the discharger shall make best efforts to comply with
requirements (i) through (iv) of Subparagraph (a) of this paragraph;
(iii) the discharger shall notify the department of the emergency
response action in writing within seven days of initiation of the action;
(iv) within 30 days of initiation of the emergency response
action, the discharger shall provide a summary of the action taken, including
all actions taken to comply with requirements (i) through (iv) of Subparagraph
(a) of this paragraph.
(d) Preexisting land-use activities, including grazing,
allowed by federal or state law prior to designation as an ONRW, and controlled
by best management practices (BMPs), shall be allowed to continue so long as
there are no new or increased discharges resulting from the activity after
designation of the ONRW.
(e) Acequia operation, maintenance, and repairs are not
subject to new requirements because of ONRW designation. However, the use of BMPs to minimize or
eliminate the introduction of pollutants into receiving waters is strongly
encouraged.
(4) This antidegradation policy does not prohibit activities
that may result in degradation in surface waters of the state when such
activities will result in restoration or maintenance of the chemical, physical
or biological integrity of the water.
(a) For ONRWs, the department or appropriate oversight agency shall
review on a case-by-case basis discharges that may result in degradation from
restoration or maintenance activities, and may approve such activities in
accordance with the following:
(i) the degradation shall be limited to the shortest possible
time;
(ii) the degradation shall be minimized and controlled by best
management practices or in accordance with permit requirements as appropriate,
and all practical means of minimizing the duration, magnitude, frequency and
cumulative effects of such degradation shall be utilized;
(iii) the degradation shall not result in water quality lower than
necessary to protect any existing use of the surface water; and
(iv) the degradation shall not alter the essential character or
special use that makes the water an [ORNW] ONRW.
(b) For surface waters of the state other than ONRWs, the
department shall review on a case-by-case basis discharges that may result in
degradation from restoration or maintenance activities, and may approve such
activities in accordance with the following:
(i) the degradation shall be limited to the shortest possible
time;
(ii) the degradation shall be minimized and controlled by best
management practices or in accordance with permit requirements as appropriate,
and all practical means of minimizing the duration, magnitude, frequency and
cumulative effects of such degradation shall be utilized; and
(iii) the degradation shall not result in water quality lower than
necessary to protect any existing use of the surface water.
(5) In those cases where potential water quality impairment
associated with a thermal discharge is involved, this antidegradation policy
and implementing method shall be consistent with Section 316 of the federal
Clean Water Act.
(6) In implementing this section, the commission through the
appropriate regional offices of the United States environmental protection
agency will keep the administrator advised and provided with such information
concerning the surface waters of the state as he or she will need to discharge
his or her responsibilities under the federal Clean Water Act.
B. Implementation Plan: The department, acting under authority
delegated by the commission, implements the water quality standards, including
the antidegradation policy, by describing specific methods and procedures in
the continuing planning process and by establishing and maintaining controls on
the discharge of pollutants to surface waters of the state. The steps summarized in the following
paragraphs, which may not all be applicable in every water pollution control
action, list the implementation activities of the department. These implementation activities are
supplemented by detailed antidegradation review procedures developed under the
state’s continuing planning process. The
department:
(1) obtains information pertinent to the impact of the
effluent on the receiving water and advises the prospective discharger of
requirements for obtaining a permit to discharge;
(2) reviews the adequacy of existing data and conducts a water
quality survey of the receiving water in accordance with an annually reviewed,
ranked priority list of surface waters of the state requiring total maximum
daily loads pursuant to Section 303(d) of the federal Clean Water Act;
(3) assesses the probable impact of the effluent on the
receiving water relative to its attainable or designated uses and numeric and
narrative criteria;
(4) requires the highest and best degree of wastewater
treatment practicable and commensurate with protecting and maintaining the
designated uses and existing water quality of surface waters of the state;
(5) develops water quality based effluent limitations and
comments on technology based effluent limitations, as appropriate, for
inclusion in any federal permit issued to a discharger pursuant to Section 402
of the federal Clean Water Act;
(6) requires that these effluent limitations be included in
any such permit as a condition for state certification pursuant to Section 401
of the federal Clean Water Act;
(7) coordinates its water pollution control activities with
other constituent agencies of the commission, and with local, state and federal
agencies, as appropriate;
(8) develops and pursues inspection and enforcement programs
to ensure that dischargers comply with state regulations and standards, and
complements EPA’s enforcement of federal permits;
(9) ensures that the provisions for public participation
required by the New Mexico Water Quality Act and the federal Clean Water Act
are followed;
(10) provides continuing technical training for wastewater
treatment facility operators through the utility operators training and
certification programs;
(11) provides funds to assist the construction of publicly owned
wastewater treatment facilities through the wastewater construction program
authorized by Section 601 of the federal Clean Water Act, and through funds
appropriated by the New Mexico legislature;
(12) conducts water quality surveillance of the surface waters of
the state to assess the effectiveness of water pollution controls, determines
whether water quality standards are being attained, and proposes amendments to
improve water quality standards;
(13) encourages, in conjunction with other state agencies,
implementation of the best management practices set forth in the New Mexico
statewide water quality management plan and the nonpoint source management
program, such implementation shall not be mandatory except as provided by
federal or state law;
(14) evaluates the effectiveness of BMPs selected to prevent,
reduce or abate sources of water pollutants;
(15) develops procedures for assessing use attainment as required
by 20.6.4.15 NMAC and establishing site-specific standards; and
(16) develops list of surface waters of the state not attaining
designated uses, pursuant to Sections 305(b) and 303(d) of the federal Clean
Water Act.
[20.6.4.8 NMAC - Rp 20
NMAC 6.1.1101, 10/12/2000; A, 5/23/2005; A, 8/1/2007; A, 1/14/2011;
A, 4/23/2022]
20.6.4.9 OUTSTANDING NATIONAL RESOURCE WATERS:
A. Procedures for nominating an ONRW: Any
person may nominate a surface water of the state for designation as an ONRW by
filing a petition with the commission pursuant to [the guidelines for
water quality control commission regulation hearings] 20.1.6 NMAC, Rulemaking
Procedures - Water Quality Control Commission. A petition to designate a surface water of
the state as an ONRW shall include:
(1) a
map of the surface water of the state, including the location and proposed
upstream and downstream boundaries;
(2) a
written statement and evidence based on scientific principles in support of the
nomination, including specific reference to one or more of the applicable ONRW
criteria listed in Subsection B of this section;
(3) water
quality data including chemical, physical or biological parameters, if
available, to establish a baseline condition for the proposed ONRW;
(4) a
discussion of activities that might contribute to the reduction of water
quality in the proposed ONRW;
(5) any
additional evidence to substantiate such a designation, including a discussion
of the economic impact of the designation on the local and regional economy
within the state of New Mexico and the benefit to the state; and
(6) affidavit
of publication of notice of the petition in a newspaper of general circulation
in the affected counties and in a newspaper of general statewide circulation.
B. Criteria for ONRWs: A
surface water of the state, or a portion of a surface water of the state, may
be designated as an ONRW where the commission determines that the designation
is beneficial to the state of New Mexico, and:
(1) the
water is a significant attribute of a state special trout water, national or state
park, national or state monument, national or state wildlife refuge or
designated wilderness area, or is part of a designated wild river under the
federal Wild and Scenic Rivers Act; or
(2) the
water has exceptional recreational or ecological significance; or
(3) the
existing water quality is equal to or better than the numeric criteria for
protection of aquatic life and contact uses and the human health-organism only
criteria, and the water has not been significantly modified by human activities
in a manner that substantially detracts from its value as a natural resource.
C. Pursuant
to a petition filed under Subsection A of this section, the commission may
classify a surface water of the state or a portion of a surface water of the
state as an ONRW if the criteria set out in Subsection B of this section are
met.
D. Waters
classified as ONRWs: The following waters are
classified as ONRWs:
(1) Rio
Santa Barbara, including the west, middle and east forks from their headwaters
downstream to the boundary of the Pecos Wilderness; and
(2) the
waters within the United States forest service Valle Vidal special management
unit including:
(a) Rio
Costilla, including Comanche, La Cueva, Fernandez, Chuckwagon, Little Costilla,
Powderhouse, Holman, Gold, Grassy, LaBelle and Vidal creeks, from their
headwaters downstream to the boundary of the United States forest service Valle
Vidal special management unit;
(b) Middle
Ponil creek, including the waters of Greenwood Canyon, from their headwaters
downstream to the boundary of the Elliott S. Barker wildlife management area;
(c) Shuree
lakes;
(d) North
Ponil creek, including McCrystal and Seally Canyon creeks, from their
headwaters downstream to the boundary of the United States forest service Valle
Vidal special management unit; and
(e) Leandro
creek from its headwaters downstream to the boundary of the United States
forest service Valle Vidal special management unit.
(3) the
named perennial surface waters of the state, identified in Subparagraph (a)
below, located within United States department of agriculture forest service
wilderness. Wilderness are those lands
designated by the United States congress as wilderness pursuant to the
Wilderness Act. Wilderness areas
included in this designation are the Aldo Leopold wilderness, Apache Kid
wilderness, Blue Range wilderness, Chama River Canyon wilderness, Cruces Basin
wilderness, Dome wilderness, Gila wilderness, Latir Peak wilderness, Pecos
wilderness, San Pedro Parks wilderness, Wheeler Peak wilderness, and White
Mountain wilderness.
(a) The
following waters are designated in the Rio Grande basin:
(i) in
the Aldo Leopold wilderness: Byers Run, Circle Seven creek, Flower canyon,
Holden Prong, Indian canyon, Las Animas creek, Mud Spring canyon, North Fork
Palomas creek, North Seco creek, Pretty canyon, Sids Prong, South Animas
canyon, Victorio Park canyon, Water canyon;
(ii) in
the Apache Kid wilderness Indian creek and Smith canyon;
(iii) in
the Chama River Canyon wilderness: Chavez canyon, Ojitos canyon, Rio Chama;
(iv) in
the Cruces Basin wilderness: Beaver creek, Cruces creek, Diablo creek,
Escondido creek, Lobo creek, Osha creek;
(v) in
the Dome wilderness: Capulin creek, Medio creek, Sanchez canyon/creek;
(vi) in
the Latir Peak wilderness: Bull creek, Bull Creek lake, Heart lake, Lagunitas
Fork, Lake Fork creek, Rito del Medio, Rito Primero, West Latir creek;
(vii) in
the Pecos wilderness: Agua Sarca, Hidden lake, Horseshoe lake (Alamitos), Jose
Vigil lake, Nambe lake, Nat lake IV, No Fish lake, North Fork Rio Quemado,
Rinconada, Rio Capulin, Rio de las Trampas (Trampas creek), Rio de Truchas, Rio
Frijoles, Rio Medio, Rio Molino, Rio Nambe, Rio San Leonardo, Rito con Agua,
Rito Gallina, Rito Jaroso, Rito Quemado, San Leonardo lake, Santa Fe lake,
Santa Fe river, Serpent lake, South Fork Rio Quemado, Trampas lake (East),
Trampas lake (West);
(viii) in
the San Pedro Parks wilderness: Agua Sarca, Cañon Madera, Cave creek, Cecilia
Canyon creek, Clear creek (North SPP), Clear creek (South SPP), Corralitos
creek, Dove creek, Jose Miguel creek, La Jara creek, Oso creek, Rio Capulin,
Rio de las Vacas, Rio Gallina, Rio Puerco de Chama, Rito Anastacio East, Rito
Anastacio West, Rito de las Palomas, Rito de las Perchas, Rito de los Pinos,
Rito de los Utes, Rito Leche, Rito Redondo, Rito Resumidero, San Gregorio lake;
(ix) in
the Wheeler Peak wilderness: Black Copper canyon, East Fork Red river, Elk
lake, Horseshoe lake, Lost lake, Sawmill creek, South Fork lake, South Fork Rio
Hondo, Williams lake.
(b) The
following waters are designated in the Pecos River basin:
(i) in
the Pecos wilderness: Albright creek, Bear creek, Beatty creek, Beaver creek,
Carpenter creek, Cascade canyon, Cave creek, El Porvenir creek, Hollinger
creek, Holy Ghost creek, Horsethief creek, Jack's creek, Jarosa canyon/creek,
Johnson lake, Lake Katherine, Lost Bear lake, Noisy brook, Panchuela creek,
Pecos Baldy lake, Pecos river, Rio Mora, Rio Valdez, Rito Azul, Rito de los
Chimayosos, Rito de los Esteros, Rito del Oso, Rito del Padre, Rito las
Trampas, Rito Maestas, Rito Oscuro, Rito Perro, Rito Sebadilloses, South Fork
Bear creek, South Fork Rito Azul, Spirit lake, Stewart lake, Truchas lake
(North), Truchas lake (South), Winsor creek;
(ii) in
the White Mountain wilderness: Argentina creek, Aspen creek, Bonito creek,
Little Bonito creek, Mills canyon/creek, Rodamaker creek, South Fork Rio
Bonito, Turkey canyon/creek.
(c) The
following waters are designated in the Gila River basin:
(i) in
the Aldo Leopold wilderness: Aspen canyon, Black Canyon creek, Bonner canyon,
Burnt canyon, Diamond creek, Falls canyon, Fisherman canyon, Running Water
canyon, South Diamond creek;
(ii) in
the Gila wilderness: Apache creek, Black Canyon creek, Brush canyon, Canyon
creek, Chicken Coop canyon, Clear creek, Cooper canyon, Cow creek, Cub creek,
Diamond creek, East Fork Gila river, Gila river, Gilita creek, Indian creek,
Iron creek, Langstroth canyon, Lilley canyon, Little creek, Little Turkey
creek, Lookout canyon, McKenna creek, Middle Fork Gila river, Miller Spring
canyon, Mogollon creek, Panther canyon, Prior creek, Rain creek, Raw Meat
creek, Rocky canyon, Sacaton creek, Sapillo creek, Sheep Corral canyon,
Skeleton canyon, Squaw creek, Sycamore canyon, Trail canyon, Trail creek, Trout
creek, Turkey creek, Turkey Feather creek, Turnbo canyon, West Fork Gila river,
West Fork Mogollon creek, White creek, Willow creek, Woodrow canyon.
(d) The
following waters are designated in the Canadian River basin: in the Pecos
wilderness Daily creek, Johns canyon, Middle Fork Lake of Rio de la Casa,
Middle Fork Rio de la Casa, North Fork Lake of Rio de la Casa, Rito de Gascon,
Rito San Jose, Sapello river, South Fork Rio de la Casa, Sparks creek
(Manuelitas creek).
(e) The
following waters are designated in the San Francisco River basin:
(i) in
the Blue Range wilderness: Pueblo creek;
(ii) in
the Gila wilderness: Big Dry creek, Lipsey canyon, Little Dry creek, Little
Whitewater creek, South Fork Whitewater creek, Spider creek, Spruce creek,
Whitewater creek.
(f) The
following waters are designated in the Mimbres Closed basin: in the Aldo
Leopold wilderness Corral canyon, Mimbres river, North Fork Mimbres river,
South Fork Mimbres river.
(g) The
following waters are designated in the Tularosa Closed basin: in the White
Mountain wilderness Indian creek, Nogal Arroyo, Three Rivers.
(h) The
wetlands designated are identified on the Maps and List of Wetlands Within United States Forest Service
Wilderness Areas Designated as Outstanding National Resource Waters published at the New
Mexico state library and available on the department’s website.
[20.6.4.9 NMAC - Rn, Subsections B, C and D of 20.6.4.8 NMAC, 5/23/2005;
A, 5/23/2005; A, 7/17/2005; A, 2/16/2006; A, 12/1/2010; A, 1/14/2011;
A, 4/23/2022]
20.6.4.10 REVIEW OF STANDARDS; NEED FOR ADDITIONAL
STUDIES:
A. Section
303(c)(1) of the federal Clean Water Act requires that the state hold public hearings
at least once every three years for the purpose of reviewing water quality
standards and proposing, as appropriate, necessary revisions to water quality
standards.
B. In accordance with 40 CFR 131.10(i),
when an existing use, as defined under 20.6.4.7 NMAC, is higher quality water
than prescribed by the designated use and supporting evidence demonstrates the
presence of that use, the designated use shall be amended accordingly to have
criteria no less stringent than the existing use.
[B.] C. It is recognized that, in some
cases, numeric criteria [have been adopted that reflect use
designations rather than existing conditions of surface waters of the state.] for a particular
designated use may not adequately reflect the local conditions or the aquatic
communities adapted to those localized conditions. In these cases, a water quality criterion may
be modified to reflect the natural condition of a specific waterbody. The modification of the criterion does not
change the designated use; the modification only changes the criterion for that
specific waterbody. [Narrative criteria
are required for many constituents because accurate data on background levels
are lacking. More intensive water
quality monitoring may identify surface waters of the state where existing
quality is considerably better than the established criteria.] When justified by
sufficient data and information, a numeric [the] water quality [criteria] criterion [will] may be adopted or modified in accordance with
Subsection F of 20.6.4.10 and Subsection G of 20.6.4.10 NMAC, to protect the
attainable uses of the waterbody.
D. The removal or amendment of a designated use to a designated use with less stringent criteria can only be done through a use attainability analysis in accordance with 20.6.4.15 NMAC.
[C.]
E. It
is also recognized that contributions of water contaminants by diffuse nonpoint
sources of water pollution may make attainment of certain criteria
difficult. Revision of these criteria
may be necessary as new information is obtained on nonpoint sources and other
problems unique to semi-arid regions.
[D.]
F. Site-specific criteria.
(1) The
commission may adopt site-specific numeric criteria applicable to all or part
of a surface water of the state based on relevant site-specific conditions such
as:
(a) actual
species at a site are more or less sensitive than those used in the national
criteria data set;
(b) physical
or chemical characteristics at a site such as pH or hardness alter the
biological availability and/or toxicity of the chemical;
(c) physical,
biological or chemical factors alter the bioaccumulation potential of a
chemical;
(d) the
concentration resulting from natural background exceeds numeric criteria for
aquatic life, wildlife habitat or other uses if consistent with Subsection [E] G of 20.6.4.10 NMAC; or
(e) other
factors or combination of factors that upon review of the commission may
warrant modification of the default criteria, subject to EPA review and
approval.
(2) Site-specific
criteria must fully protect the designated use to which they apply. In the case of human health-organism only
criteria, site-specific criteria must fully protect human health when organisms
are consumed from waters containing pollutants.
(3) Any
person may petition the commission to adopt site-specific criteria. A petition for the adoption of site-specific
criteria shall:
(a) identify
the specific waters to which the site-specific criteria would apply;
(b) explain
the rationale for proposing the site-specific criteria;
(c) describe
the methods used to notify and solicit input from potential stakeholders and
from the general public in the affected area, and present and respond to the
public input received;
(d) present
and justify the derivation of the proposed criteria.
(4) A
derivation of site-specific criteria shall rely on a scientifically defensible
method, such as one of the following:
(a) the
recalculation procedure, the water-effect ratio for metals procedure or the resident
species procedure as described in the water quality standards handbook
(EPA-823-B-94-005a, 2nd edition, August 1994);
(b) the
streamlined water-effect ratio procedure for discharges of copper
(EPA-822-R-01-005, March 2001);
(c) the
biotic ligand model as described in aquatic life ambient freshwater quality
criteria - copper (EPA-822-R-07-001, February 2007);
(d) the
methodology for deriving ambient water quality criteria for the protection of
human health (EPA-822-B-00-004, October 2000) and associated technical support
documents; or
(e) a
determination of the natural background of the water body as described in
Subsection [E] G of 20.6.4.10 NMAC.
[E.]
G. Site-specific criteria based on natural background. The commission may adopt site-specific
criteria equal to the concentration resulting from natural background where
that concentration protects the designated use.
The concentration resulting from natural background supports the level of
aquatic life and wildlife habitat expected to occur naturally at the site
absent any interference by humans.
Domestic water supply, primary or secondary contact, or human
health-organism only criteria shall not be modified based on natural
background. A determination of natural
background shall:
(1) consider
natural spatial and seasonal to interannual variability as appropriate;
(2) document
the presence of natural sources of the pollutant;
(3) document
the absence of human sources of the pollutant or quantify the human
contribution; and
(4) rely
on analytical, statistical or modeling methodologies to quantify the natural
background.
[F.]
H. Temporary standards [:]
.
(1) Any
person may petition the commission to adopt a temporary standard applicable to
all or part of a surface water of the state as provided for in this section and
applicable sections in 40 CFR Part 131, Water Quality Standards; specifically,
Section 131.14. The commission may adopt
a proposed temporary standard if the petitioner demonstrates that:
(a) attainment
of the associated designated use may not be feasible in the short term due to
one or more of the factors listed in 40 CFR 131.10(g), or due to the
implementation of actions necessary to facilitate restoration such as through
dam removal or other significant wetland or water body reconfiguration
activities as demonstrated by the petition and supporting work plan
requirements in Paragraphs (4) and (5) of Subsection [F]H of 20.6.4.10 NMAC;
(b) the proposed temporary
standard represents the highest degree of protection feasible in the short
term, limits the degradation of water quality to the minimum necessary to
achieve the original standard by the expiration date of the temporary standard,
and adoption will not cause the further impairment or loss of an existing use;
(c) for point sources, existing or proposed
discharge control technologies will comply with applicable technology-based
limitations and feasible technological controls and other management
alternatives, such as a pollution prevention program; and
(d) for
restoration activities, nonpoint source or other control technologies shall
limit downstream impacts, and if applicable, existing or proposed discharge
control technologies shall be in place consistent with Subparagraph (c) of
Paragraph (1) of Subsection [F] H of 20.6.4.10 NMAC.
(2) A temporary standard shall apply to specific
designated use(s), pollutant(s), or permittee(s), and to specific water body
segment(s). The adoption of a temporary
standard does not exempt dischargers from complying with all other applicable
water quality standards or control technologies.
(3) Designated use attainment as reported
in the federal Clean Water Act, Section 305(b)/303(d) Integrated Report shall
be based on the original standard and not on a temporary standard.
(4) A
petition for a temporary standard shall:
(a) identify
the currently applicable standard(s), the proposed temporary standard for the
specific pollutant(s), the permittee(s), and the specific surface water body
segment(s) of the state to which the temporary standard would apply;
(b) include
the basis for any factor(s) specific to the applicability of the temporary
standard (for example critical flow under Subsection B of 20.6.4.11 NMAC);
(c) demonstrate
that the proposed temporary standard meets the requirements in this subsection;
(d) present
a work plan with timetable of proposed actions for achieving compliance with
the original standard in accordance with Paragraph (5) of Subsection [F] H of 20.6.4.10 NMAC;
(e) include
any other information necessary to support the petition.
(5) As
a condition of a petition for a temporary standard, in addition to meeting the
requirements in this Subsection, the petitioner shall prepare a work plan in
accordance with Paragraph (4) of Subsection [F] H of 20.6.4.10 NMAC and
submit the work plan to the department for review and comment. The work plan shall identify the factor(s)
listed in 40 CFR 131.10(g) or Subparagraph (a) of Paragraph (1) of Subsection [F] H of 20.6.4.10 NMAC affecting
attainment of the standard that will be analyzed and the timeline for proposed
actions to be taken to achieve the uses attainable over the term of the
temporary standard, including baseline water quality, and any investigations,
projects, facility modifications, monitoring, or other measures necessary to
achieve compliance with the original standard.
The work plan shall include provisions for review of progress in
accordance with Paragraph (8) of Subsection [F] H of 20.6.4.10 NMAC,
public notice and consultation with appropriate state, tribal, local and
federal agencies.
(6) The commission may
condition the approval of a temporary standard by requiring additional
monitoring, relevant analyses, the completion of specified projects, submittal
of information, or any other actions.
(7) Temporary standards may be implemented only after a public hearing before the commission, commission approval and adoption pursuant to Subsection [F] H of 20.6.4.10 NMAC for all state purposes, and the federal Clean Water Act Section 303 (c) approval for any federal action.
(8) All
temporary standards are subject to a required review during each succeeding
review of water quality standards conducted in accordance with Subsection A of
20.6.4.10 NMAC. The petitioner shall
provide a written report to the commission documenting the progress of proposed
actions, pursuant to a reporting schedule stipulated in the approved temporary
standard. The purpose of the review is
to determine progress consistent with the original conditions of the petition
for the duration of the temporary standard.
If the petitioner cannot demonstrate that sufficient progress has been
made the commission may revoke approval of the temporary standard or provide
additional conditions to the approval of the temporary standard.
(9) The commission may
consider a petition to extend a temporary standard. The effective period of a temporary standard
shall be extended only if demonstrated to the commission that the factors
precluding attainment of the underlying standard still apply, that the
petitioner is meeting the conditions required for approval of the temporary
standard, and that reasonable progress towards meeting the underlying standard
is being achieved.
(10) A
temporary standard shall expire no later than the date specified in the
approval of the temporary standard. Upon
expiration of a temporary standard, the original standard becomes applicable.
(11) Temporary standards
shall be identified in 20.6.4.97-899 NMAC as appropriate for the surface water
affected.
(12) “Temporary
standard” means a time-limited designated use and criterion for a specific
pollutant(s) or water quality parameter(s) that reflect the highest attainable
condition during the term of the temporary standard.
[20.6.4.10 NMAC - Rp 20 NMAC 6.1.1102, 10/12/2000; Rn, 20.6.4.9 NMAC,
5/23/2005; A, 5/23/2005; A, 12/1/2010; A, 3/2/2017; A, 4/23/2022]
20.6.4.11 APPLICABILITY OF WATER QUALITY STANDARDS:
A. [RESERVED]
B. Critical low flow: The critical low flow of a stream
at a particular site shall be used in developing point source discharge permit
requirements to meet numeric criteria set in 20.6.4.97 through 20.6.4.900 NMAC
and Subsection F of 20.6.4.13 NMAC.
(1) For
human health-organism only criteria, the critical low flow is the harmonic mean
flow [; “harmonic mean flow” is the number of daily flow measurements divided
by the sum of the reciprocals of the flows; that is, it is the reciprocal of
the mean of reciprocals]. For
ephemeral waters the calculation shall be based upon the nonzero flow intervals
and modified by including a factor to adjust for the proportion of intervals
with zero flow. The equations are as follows:
Harmonic Mean = __n__
∑ 1/Q
where n =
number of flow values
and Q =
flow value
Modified Harmonic Mean =
where Qi =
nonzero flow
Nt = total number of flow values
and N0 = number of zero flow values
(2) For
all other narrative and numeric criteria, the critical low flow is the minimum
average four consecutive day flow that occurs with a frequency of once in three
years (4Q3). The critical low flow may
be determined on an annual, a seasonal or a monthly basis, as appropriate,
after due consideration of site-specific conditions.
C. Guaranteed minimum flow: The
commission may allow the use of a contractually guaranteed minimum streamflow
in lieu of a critical low flow determined under Subsection B of this section on
a case-by-case basis and upon consultation with the interstate stream
commission. Should drought, litigation
or any other reason interrupt or interfere with minimum flows under a
guaranteed minimum flow contract for a period of at least 30 consecutive days,
such permission, at the sole discretion of the commission, may then be
revoked. Any minimum flow specified
under such revoked permission shall be superseded by a critical low flow
determined under Subsection B of this section.
A public notice of the request for a guaranteed minimum flow shall be
published in a newspaper of general circulation by the department at least 30
days prior to scheduled action by the commission. These water quality standards do not grant to
the commission or any other entity the power to create, take away or modify
property rights in water.
D. Mixing zones: A limited mixing zone, contiguous
to a point source wastewater discharge, may be allowed in any stream receiving
such a discharge. Mixing zones serve as
regions of initial dilution that allow the application of a dilution factor in
calculations of effluent limitations.
Effluent limitations shall be developed that will protect the most
sensitive existing, designated or attainable use of the receiving water.
E. Mixing zone limitations:
Wastewater mixing zones, in which the numeric criteria set under
Subsection F of 20.6.4.13 NMAC, 20.6.4.97 through 20.6.4.899 NMAC or 20.6.4.900
NMAC may be exceeded, shall be subject to the following limitations:
(1) Mixing
zones are not allowed for discharges to lakes, reservoirs, or playas; these
effluents shall meet all applicable criteria set under Subsection F of
20.6.4.13 NMAC, 20.6.4.97 through 20.6.4.899 NMAC and 20.6.4.900 NMAC at the
point of discharge.
(2) The
acute aquatic life criteria, as set out in Subsection I, Subsection J, and
Subsection K of 20.6.4.900 NMAC, shall be attained at the point of discharge
for any discharge to a surface water of the state with a designated aquatic
life use.
(3) The
general criteria set out in Subsections A, B, C, D, E, G, H and J of 20.6.4.13
NMAC, and the provision set out in Subsection D of 20.6.4.14 NMAC are
applicable within mixing zones.
(4) The
areal extent and concentration isopleths of a particular mixing zone will
depend on site-specific conditions including, but not limited to, wastewater
flow, receiving water critical low flow, outfall design, channel
characteristics and climatic conditions and, if needed, shall be determined on
a case-by-case basis. When the physical
boundaries or other characteristics of a particular mixing zone must be known,
the methods presented in Section 4.4.5, “Ambient-induced mixing,” in “Technical
support document for water quality-based toxics control” (March 1991,
EPA/505/2-90-001) shall be used.
(5) All
applicable water quality criteria set under Subsection F of 20.6.4.13 NMAC,
20.6.4.97 through 20.6.4.899 NMAC and 20.6.4.900 NMAC shall be attained at the
boundaries of mixing zones. A continuous
zone of passage through or around the mixing zone shall be maintained in which
the water quality meets all applicable criteria and allows the migration of
aquatic life presently common in surface waters of the state with no effect on
their populations.
F. Multiple uses: When a surface water of the state
has more than a single designated use, the applicable numeric criteria shall be
the most stringent of those established for such water.
G. Human health-organism
only criteria in Subsection J of 20.6.4.900 NMAC apply to those waters with a
designated, existing or attainable aquatic life use. When limited aquatic life is a designated
use, the human health-organism only criteria apply only if adopted on a
segment-specific basis. The human
health-organism only criteria for persistent toxic pollutants, as identified in
Subsection J of 20.6.4.900 NMAC, also apply to all tributaries of waters with a
designated, existing or attainable aquatic life use.
H. Unclassified waters of the state: [Unclassified waters
of the state are those surface waters of the state not identified in 20.6.4.101
through 20.6.4.899 NMAC. ] An unclassified
surface water of the state is presumed to support the uses specified in Section
101(a)(2) of the federal Clean Water Act.
As such, it is subject to 20.6.4.98 NMAC if nonperennial or subject to
20.6.4.99 NMAC if perennial. The
commission may include an ephemeral unclassified surface water of the state
under 20.6.4.97 NMAC only if a use attainability analysis demonstrates pursuant
to 20.6.4.15 NMAC that attainment of Section 101(a)(2) uses is not feasible.
I. Exceptions: Numeric criteria for temperature,
dissolved solids, dissolved oxygen, sediment or turbidity adopted under the
Water Quality Act do not apply when changes in temperature, dissolved solids,
dissolved oxygen, sediment or turbidity in a surface water of the state are
attributable to:
(1) natural
causes (discharges from municipal separate storm sewers are not covered by this
exception.); or
(2) the
reasonable operation of irrigation and flood control facilities that are not
subject to federal or state water pollution control permitting; major
reconstruction of storage dams or diversion dams except for emergency actions
necessary to protect health and safety of the public are not covered by this
exception.
[20.6.4.11 NMAC - Rp 20 NMAC 6.1.1103, 10/12/2000; A, 10/11/2002; Rn,
20.6.4.10 NMAC, 5/23/2005; A, 5/23/2005; A, 12/1/2010; A, 4/23/2022]
20.6.4.12 COMPLIANCE WITH WATER QUALITY STANDARDS: The following provisions apply to determining compliance for enforcement purposes; they do not apply for purposes of determining attainment of uses. The department has developed assessment protocols for the purpose of determining attainment of uses that are available for review from the department’s surface water quality bureau.
A. Compliance
with acute water quality criteria shall be determined from the analytical
results of a single grab sample. Acute
criteria shall not be exceeded.
B. Compliance
with chronic water quality criteria shall be determined from the arithmetic
mean of the analytical results of samples collected using applicable
protocols. Chronic criteria shall not be
exceeded more than once every three years.
C. Compliance
with water quality standards for total ammonia shall be determined by
performing the biomonitoring procedures set out in Subsections D and E of
20.6.4.14 NMAC, or by attainment of applicable ammonia criteria set out in
Subsections K, L and M of 20.6.4.900 NMAC.
D. Compliance
with the human health-organism only criteria shall be determined from the
analytical results of representative grab samples, as defined in the water
quality management plan. Human
health-organism only criteria shall not be exceeded.
E. The
commission may establish a numeric water quality criterion at a concentration
that is below the minimum quantification level.
In such cases, the water quality standard is enforceable at the minimum
quantification level.
F. For
compliance with hardness-dependent numeric criteria, [dissolved ]hardness (as mg CaCO3/L) shall be determined
from a sample taken at the same time that the sample for the contaminant is
taken.
G. Compliance schedules: [It shall be the
policy of the commission to allow on a case-by-case basis the] . The commission may allow the inclusion of a schedule
of compliance in a NPDES permit issued to an existing facility on a case-by-case basis. Such schedule of compliance will be for the
purpose of providing a permittee with adequate time to make treatment facility
modifications necessary to comply with water quality based permit limitations
determined to be necessary to implement new or revised water quality standards
or wasteload allocation. Compliance
schedules may be included in NPDES permits at the time of permit renewal or
modification and shall be written to require compliance at the earliest
practicable time. Compliance schedules
shall also specify milestone dates so as to measure progress towards final
project completion (e.g., design completion, construction start, construction completion,
date of compliance).
H. It
is a policy of the commission to allow a temporary standard approved and
adopted pursuant to Subsection [F] H of 20.6.4.10 NMAC to be included in the
applicable federal Clean Water Act permit as enforceable limits and
conditions. The temporary standard and
any schedule of actions may be included at the earliest practicable time, and
shall specify milestone dates so as to measure progress towards meeting the
original standard.
[20.6.4.12 NMAC - Rp 20 NMAC 6.1.1104, 10/12/2000; A, 10/11/2002; Rn,
20.6.4.11 NMAC, 5/23/2005; A, 5/23/2005; A, 12/1/2010; A, 3/2/2017;
A, 4/23/2022]
20.6.4.13 GENERAL CRITERIA: General criteria are established to sustain and protect existing or attainable uses of surface waters of the state. These general criteria apply to all surface waters of the state at all times, unless a specified criterion is provided elsewhere in this part. Surface waters of the state shall be free of any water contaminant in such quantity and of such duration as may with reasonable probability injure human health, animal or plant life or property, or unreasonably interfere with the public welfare or the use of property.
A. Bottom deposits and suspended or settleable solids:
(1) Surface
waters of the state shall be free of water contaminants including fine sediment
particles (less than two millimeters in diameter), precipitates or organic or
inorganic solids from other than natural causes that have settled to form
layers on or fill the interstices of the natural or dominant substrate in
quantities that damage or impair the normal growth, function or reproduction of
aquatic life or significantly alter the physical or chemical properties of the
bottom.
(2) Suspended
or settleable solids from other than natural causes shall not be present in
surface waters of the state in quantities that damage or impair the normal
growth, function or reproduction of aquatic life or adversely affect other
designated uses.
B. Floating solids, oil and grease:
Surface waters of the state shall be free of oils, scum, grease and
other floating materials resulting from other than natural causes that would
cause the formation of a visible sheen or visible deposits on the bottom or
shoreline, or would damage or impair the normal growth, function or
reproduction of human, animal, plant or aquatic life.
C. Color: Color-producing materials resulting from
other than natural causes shall not create an aesthetically undesirable
condition nor shall color impair the use of the water by desirable aquatic life
presently common in surface waters of the state.
D. Organoleptic quality:
(1) Flavor of fish: Water contaminants from other
than natural causes shall be limited to concentrations that will not impart
unpalatable flavor to fish.
(2) Odor and taste of water: Water
contaminants from other than natural causes shall be limited to concentrations
that will not result in offensive odor or taste arising in a surface water of
the state or otherwise interfere with the reasonable use of the water.
E. Plant nutrients: Plant nutrients from other than
natural causes shall not be present in concentrations that will produce
undesirable aquatic life or result in a dominance of nuisance species in
surface waters of the state.
F. Toxic pollutants:
(1) Except as provided in 20.6.4.16 NMAC, surface waters of
the state shall be free of toxic pollutants from other than natural causes in
amounts, duration, concentrations, or combinations that affect the propagation of fish or that are toxic to
humans, livestock or other animals, fish or other aquatic organisms, wildlife
using aquatic environments for habitation or aquatic organisms for food, or
that will or can reasonably be expected to bioaccumulate in tissues of fish,
shellfish and other aquatic organisms to levels that will impair the health of
aquatic organisms or wildlife or result in unacceptable tastes, odors or health
risks to human consumers of aquatic organisms.
(2) Pursuant
to this section, the human health-organism only criteria shall be as set out in
20.6.4.900 NMAC. When a human
health-organism only criterion is not listed in 20.6.4.900 NMAC, the following
provisions shall be applied in accordance with 20.6.4.11, 20.6.4.12 and
20.6.4.14 NMAC.
(a) The
human health-organism only criterion shall be the recommended human health
criterion for “consumption of organisms only” published by the U.S.
environmental protection agency pursuant to Section 304(a) of the federal Clean
Water Act. In determining such criterion
for a cancer-causing toxic pollutant, a cancer risk of 10-5 (one cancer per
100,000 exposed persons) shall be used.
(b) When
a numeric criterion for the protection of human health for the consumption of
organism only has not been published by the U.S. environmental protection
agency, a quantifiable criterion may be derived from data available in the U.S.
environmental protection agency's Integrated Risk Information System (IRIS)
using the appropriate formula specified in Methodology for
Deriving Ambient Water Quality Criteria for The Protection Of Human Health
(2000),
EPA-822-B-00-004.
(3) Pursuant
to this section, the chronic aquatic life criteria shall be as set out in
20.6.4.900 NMAC. When a chronic aquatic
life criterion is not listed in 20.6.4.900 NMAC, the following provisions shall
be applied in sequential order in accordance with 20.6.4.11, 20.6.4.12 and
20.6.4.14 NMAC.
(a) The
chronic aquatic life criterion shall be the “freshwater criterion continuous
concentration” published by the U.S. environmental protection agency pursuant
to Section 304(a) of the federal Clean Water Act;
(b) If
the U.S. environmental protection agency has not published a chronic aquatic
life criterion, a geometric mean LC-50 value shall be calculated for the
particular species, genus or group that is representative of the form of life
to be preserved, using the results of toxicological studies published in
scientific journals.
(i) The
chronic aquatic life criterion for a toxic pollutant that does not
bioaccumulate shall be ten percent of the calculated geometric mean LC-50
value; and
(ii) The
chronic aquatic life criterion for a toxic pollutant that does bioaccumulate
shall be: the calculated geometric mean LC-50 adjusted by a bioaccumulation
factor for the particular species, genus or group representative of the form of
life to be preserved, but when such bioaccumulation factor has not been
published, the criterion shall be one percent of the calculated geometric mean
LC-50 value.
(4) Pursuant
to this section, the acute aquatic life criteria shall be as set out in
20.6.4.900 NMAC. When an acute aquatic
life criterion is not listed in 20.6.4.900 NMAC, the acute aquatic life
criterion shall be the “freshwater criterion maximum concentration” published by
the U.S. environmental protection agency pursuant to Section 304(a) of the
federal Clean Water Act.
(5) Within
90 days of the issuance of a final NPDES permit containing a numeric criterion
selected or calculated pursuant to Paragraph (2), Paragraph (3) or Paragraph (4) of Subsection F of this
section, the department shall petition the commission to adopt such criterion
into these standards.
G. Radioactivity: The radioactivity of surface
waters of the state shall be maintained at the lowest practical level and shall
in no case exceed the criteria set forth in the New Mexico Radiation Protection
Regulations, 20.3.1 and 20.3.4 NMAC.
H. Pathogens: Surface waters of the state shall
be free of pathogens from other than natural causes in sufficient quantity to
impair public health or the designated, existing or attainable uses of a
surface water of the state.
I. Temperature: Maximum temperatures for surface
waters of the state have been specified in 20.6.4.97 through 20.6.4.900
NMAC. However, the introduction of heat by
other than natural causes shall not increase the temperature, as measured from
above the point of introduction, by more than 2.7°C (5°F) in a stream, or more
than 1.7°C (3°F) in a lake or reservoir.
In no case will the introduction of heat be permitted when the maximum
temperature specified for the reach would thereby be exceeded. These temperature criteria shall not apply to
impoundments constructed offstream for the purpose of heat disposal. High water temperatures caused by unusually
high ambient air temperatures are not violations of these criteria.
J. Turbidity: Turbidity attributable to other
than natural causes shall not reduce light transmission to the point that the
normal growth, function or reproduction of aquatic life is impaired or that will
cause substantial visible contrast with the natural appearance of the
water. Activities or discharges shall
not cause turbidity to increase more than 10 NTU over background turbidity when
the background turbidity, measured at a point immediately upstream of the
activity, is 50 NTU or less, nor to increase more than twenty percent when the
background turbidity is more than 50 NTU.
However, limited-duration turbidity increases caused by dredging,
construction or other similar activities may be allowed provided all
practicable turbidity control techniques have been applied and all appropriate
permits, certifications and approvals have been obtained.
K. Total dissolved solids (TDS): TDS
attributable to other than natural causes shall not damage or impair the normal
growth, function or reproduction of animal, plant or aquatic life. TDS shall be measured by either the
“calculation method” (sum of constituents) or the filterable residue method. Approved test procedures for these
determinations are set forth in 20.6.4.14 NMAC.
L. Dissolved gases: Surface waters of the state shall
be free of nitrogen and other dissolved gases at levels above one hundred ten
percent saturation when this supersaturation is attributable to municipal,
industrial or other discharges.
M. Biological integrity:
Surface waters of the state shall support and maintain a balanced and
integrated community of aquatic organisms with species composition, diversity
and functional organization comparable to those of natural or minimally impacted
water bodies of a similar type and region.
[20.6.4.13 NMAC - Rp 20 NMAC 6.1.1105, 10/12/2000; A, 10/11/2002; Rn,
20.6.4.12 NMAC, 5/23/2005; A, 5/23/2005; A, 12/1/2010; A, 4/23/2022]
20.6.4.14 SAMPLING AND ANALYSIS:
A. Sampling
and analytical techniques shall conform with methods described in the following
references unless otherwise specified by the commission pursuant to a petition
to amend these standards:
(1) “Guidelines Establishing Test Procedures
For The Analysis Of Pollutants Under The Clean Water Act,” 40 CFR Part 136 or
any test procedure approved or accepted by EPA using procedures provided in 40
CFR Parts 136.3(d), 136.4, and 136.5;
(2) Standard Methods For The Examination Of
Water And Wastewater, latest edition, American public health association;
(3) Methods For Chemical Analysis Of Water
And Waste,
and other methods published by EPA office of research and development or office
of water;
(4) Techniques Of Water Resource
Investigations Of The U.S. Geological Survey;
(5) Annual Book Of ASTM Standards: volumes 11.01 and 11.02, water (I) and (II),
latest edition, ASTM international;
(6) Federal Register, latest methods
published for monitoring pursuant to Resource Conservation and Recovery Act
regulations;
(7) National Handbook Of Recommended Methods
For Water-Data Acquisition, latest edition, prepared cooperatively by agencies of the United States
government under the sponsorship of the U.S. geological survey; or
(8) Federal Register, latest methods
published for monitoring pursuant to the Safe Drinking Water Act regulations.
B. Bacteriological
Surveys: The monthly geometric mean shall be used in
assessing attainment of criteria when a minimum of five samples is collected in
a 30-day period.
C. Sampling
Procedures:
(1) Streams: Stream monitoring
stations below discharges shall be located a sufficient distance downstream to
ensure adequate vertical and lateral mixing.
(2) Lakes: Sampling stations in lakes
shall be located at least 250 feet from a discharge.
(3) Lakes: Except for the restriction
specified in Paragraph (2) of this subsection, lake sampling stations shall be
located at any site where the attainment of a water quality criterion is to be
assessed. Water quality measurements
taken at intervals in the entire water column at a sampling station shall be
averaged for the epilimnion, or in the absence of an epilimnion, for the upper
one-third of the water column of the lake to determine attainment of criteria,
except that attainment of criteria for toxic pollutants shall be assessed
during periods of complete vertical mixing, e.g., during spring or fall
turnover, or by taking depth-integrated composite samples of the water column.
D. Acute
toxicity of effluent to aquatic life shall be determined using the procedures
specified in U.S. environmental protection agency “Methods for Measuring The Acute Toxicity of
Effluents and Receiving Waters To Freshwater and Marine Organisms” (5th Ed., 2002, EPA
821-R-02-012), or latest edition thereof if adopted by EPA at 40 CFR Part 136,
which is incorporated herein by reference.
Acute toxicities of substances shall be determined using at least two
species tested in whole effluent and a series of effluent dilutions. Acute toxicity due to discharges shall not occur
within the wastewater mixing zone in any surface water of the state with an
existing or designated aquatic life use.
E. Chronic
toxicity of effluent or ambient surface waters of the state to aquatic life
shall be determined using the procedures specified in U.S. environmental
protection agency “Short-Term
Methods For Estimating The Chronic Toxicity Of Effluents And Receiving Waters
To Freshwater Organisms” (4th Ed., 2002, EPA 821-R-02-013), or latest edition thereof if adopted
by EPA at 40 CFR Part 136, which is incorporated herein by reference. Chronic toxicities of substances shall be
determined using at least two species tested in ambient surface water or whole
effluent and a series of effluent dilutions.
Chronic toxicity due to discharges shall not occur at the critical low
flow, or any flow greater than the critical low flow, in any surface water of
the state with an existing or designated aquatic life use more than once every
three years.
F. Emerging
Contaminants Monitoring: The department may require monitoring, analysis and
reporting of emerging contaminants as a condition of a federal permit under
Section 401 of the federal Clean Water Act.
[20.6.4.14 NMAC - Rp 20
NMAC 6.1.1106, 10/12/2000; Rn, 20.6.4.13 NMAC, 5/23/2005 & A, 5/23/2005; A,
12/1/2010; A 4/23/2022]
20.6.4.15 USE ATTAINABILITY ANALYSIS:
A. Regulatory requirements for a use attainability analysis. [A use attainability analysis is a scientific study conducted for the
purpose of assessing the factors affecting the attainment of a use.] Whenever a use attainability analysis is
conducted, it shall be subject to the requirements and limitations set forth in
40 CFR Part 131, Water Quality Standards; specifically, Subsections 131.3(g),
131.10(g), 131.10(h) and 131.10(j) shall be applicable. In accordance with 40 CFR 131.10(i), and
20.6.4.10 NMAC, the amendment of a designated use, based on an existing use
with more stringent criteria, does not require a use attainability analysis.
(1) The commission may remove a designated use, that is not an
existing use, specified in Section 101(a)(2) of the federal Clean Water Act or adopt
subcategories of a use in Section 101(a)(2) of the federal Clean
Water Act [use] requiring less stringent criteria only if a use attainability analysis
demonstrates that attaining the use is not feasible because of a factor listed
in 40 CFR 131.10(g). Uses in Section 101(a)(2) of the federal Clean Water Act [uses], which refer to the
protection and propagation of fish, shellfish and wildlife and recreation in
and on the water, are also specified in Subsection B of 20.6.4.6 NMAC.
(2) A designated use cannot be removed if it is an existing
use unless a use requiring more stringent criteria is designated.
B. Methods for developing a
use attainability analysis. A use attainability
analysis shall assess the physical, chemical, biological, economic or other
factors affecting the attainment of a use. The analysis shall rely
on scientifically defensible methods such as the methods described in the
following documents:
(1) Technical
Support Manual: Waterbody Surveys And Assessments For Conducting Use
Attainability Analyses, volume I (November 1983) and volume III (November 1984) or latest
editions, United States environmental protection agency, office of water,
regulations and standards, Washington, D.C., for the evaluation of aquatic life
or wildlife uses;
(2) the department’s Hydrology Protocol, latest edition, approved by the commission, for identifying ephemeral, [and] intermittent, and perennial
waters; or
(3) Interim
Economic Guidance For Water Quality Standards - Workbook, March 1995, United
States environmental protection agency, office of water, Washington, D.C. for
evaluating economic impacts.
C. Determining the highest attainable use. If the use attainability analysis determines
that the designated use is not attainable based on one of the factors in 40 CFR
131.10(g), the use attainability analysis shall demonstrate the support for
removing the designated use and then determine the highest attainable use, as
defined in 40 CFR 131.3(m), for the protection and propagation of fish,
shellfish and wildlife and recreation in and on the water based on methods
described in Subsection B of this section.
D. Process
to amend a designated use through a use attainability analysis.
(1) The process for developing a use attainability analysis
and petitioning the commission for removing a designated use and establishing
the highest attainable use shall be done in accordance with the State’s current
Water Quality Management
Plan/Continuing Planning Process.
[C.] (2) If the findings of
a use
attainability analysis, conducted by the department, [based on] in accordance with
the department’s Hydrology
Protocol (latest
edition) [, approved by the commission,] demonstrates [to the satisfaction
of the department] that federal Clean Water Act Section 101(a)(2) uses, that are not existing
uses, are not feasible in an ephemeral water body due to the factor in 40
CFR 131.10(g)(2), the department may consider proceeding with the expedited
use attainability analysis process in accordance with the State’s current Water Quality Management Plan/Continuing
Planning Process. The following elements
must be met for the expedited use attainability analysis process to be
authorized and implemented:
(a) The department is the primary
investigator of the use attainability analysis;
(b) The use attainability analysis
determined, through the application of the Hydrology
Protocol,
that the water being investigated is ephemeral and has no effluent discharges
of sufficient volume that could compensate for the low-flow;
(c) The use attainability analysis
determined that the criteria associated with the existing uses of the water being
investigated are not more stringent than those in 20.6.4.97 NMAC;
(d) The designated uses in 20.6.4.97 NMAC
have been determined to be the highest attainable uses for the water being
analyzed;
(e) The department [shall post] posted the use attainability
analysis on its water quality standards website and
[notify] notified its interested parties list of a 30-day public comment period [.] ;
(f) [After reviewing] The department reviewed
and responded to any comments received during the 30-day public comment period
[,]
; and
(g) The department [may proceed by submitting] submitted
the use
attainability analysis and response to comments to region 6 EPA for technical
approval.
If EPA approves the
revision under section 303(c) of the Clean Water Act [technical approval is granted], the water shall be
subject to 20.6.4.97 NMAC for federal Clean Water Act purposes. The use attainability analysis, the technical support document,
[ approval,] and the applicability
of 20.6.4.97 NMAC to the water shall be posted on the department’s water
quality standards website. The department shall periodically petition the
commission to list ephemeral waters under Subsection C of 20.6.4.97 NMAC and to
incorporate changes to classified segments as appropriate.
[D.]
E. Use attainability analysis conducted by an entity other than the
department. Any person may submit notice to
the department stating [the] their intent to conduct a use attainability
analysis.
(1) The proponent shall provide such notice
along with [develop]a work plan supporting [to conduct] the development of a use attainability
analysis [. and shall submit the work plan] to the department and region 6 EPA for
review and comment.
(2) Upon approval of the work plan by the
department, the proponent shall conduct the use attainability analysis in
accordance with the applicable portions of Subsections A through D of this
Section and implement public noticing in accordance with the approved work
plan.
(3) Work plan elements. The work plan shall identify, at a minimum:
(a) the waterbody of concern and the
reasoning for conducting a use attainability analysis;
(b) the [scope] source and validity of data [currently available
and the scope of data to be gathered] to be used to demonstrate whether the current
designated use is not attainable; [,]
(c) the factors in 40 CFR 131.10(g) affecting [use] the attainment of that use;
(d) [that will be analyzed] a description of the
data being proposed to be used to demonstrate the highest attainable use;
(e) [and] the provisions for consultation with
appropriate state and federal agencies;
(f) a description of how stakeholders
and potentially affected tribes will be identified and engaged;
(g) a description of the public notice mechanisms to be
employed; and [consultation with appropriate state and federal agencies]
(h) the expected timelines outlining the
administrative actions to be taken for a rulemaking
petition, pending the outcome of the use attainability analysis.
(4) [Upon approval of the work plan by the
department, the proponent shall conduct the use attainability analysis in
accordance with the approved work plan.
The cost of such analysis shall be the responsibility of the proponent.] Upon completion of the use attainability
analysis, the proponent shall submit the data, findings and conclusions to the
department, and provide public notice of the use attainability analysis in
accordance with the approved work plan.
(5) Pending the conclusions of the use
attainability analysis and as described in the approved work plan, [The] the department or the
proponent may petition the commission to modify the designated use [if the conclusions
of the analysis support such action]. The cost of such use
attainability analysis shall be the responsibility of the proponent. Subsequent costs associated with the
administrative rulemaking process shall be the responsibility of the
petitioner.
[20.6.4.15 NMAC - Rp 20 NMAC
6.1.1107, 10/12/2000; Rn, 20.6.4.14 NMAC, 5/23/2005; A, 5/23/2005; A,
7/17/2005; A, 12/1/2010; A, 4/23/2022]
20.6.4.97 EPHEMERAL WATERS: Ephemeral
surface waters of the state as identified below and additional ephemeral waters
as identified on the department’s water quality standards website pursuant to Paragraph (2) of Subsection [C] D of
20.6.4.15 NMAC are subject to the designated uses and criteria as specified in
this section. Ephemeral waters
classified in 20.6.4.101-899 NMAC are subject to the designated uses and
criteria as specified in those sections.
A. Designated uses: livestock watering, wildlife habitat, limited
aquatic life and secondary contact.
B. Criteria: the use-specific criteria in 20.6.4.900 NMAC
are applicable to the designated uses.
C. Waters:
(1) the following waters are designated in the Rio Grande
basin:
(a) Cunningham gulch from Santa Fe county road 55 upstream 1.4
miles to a point upstream of the Lac minerals mine, identified as Ortiz mine on
U.S. geological survey topographic maps;
(b) an unnamed tributary from Arroyo Hondo upstream 0.4 miles
to the Village of Oshara water reclamation facility outfall;
(c) an unnamed tributary from San Pedro creek upstream 0.8
miles to the PAA-KO community sewer outfall;
(d) Inditos draw from the crossing of an unnamed road along a
power line one-quarter mile west of McKinley county road 19 upstream to New
Mexico highway 509;
(e) an unnamed tributary from the diversion channel connecting
Blue canyon and Socorro canyon upstream 0.6 miles to the New Mexico firefighters
academy treatment facility outfall;
(f) an unnamed tributary from the Albuquerque metropolitan
arroyo flood control authority (AMAFCA) Rio Grande south channel upstream of
the crossing of New Mexico highway 47 upstream to I-25;
(g) the south fork of Cañon del
Piojo from [Canon] Cañon del Piojo upstream 1.2 miles to an unnamed tributary;
(h) an unnamed tributary from the south fork of Cañon del
Piojo upstream 1 mile to the Resurrection mine outfall;
(i) Arroyo del Puerto from San Mateo creek upstream 6.8 miles
to the Ambrosia Lake mine entrance road;
(j) an unnamed tributary from San Mateo creek upstream 1.5
miles to the Roca Honda mine facility outfall;
(k) San Isidro arroyo, including unnamed tributaries to San
Isidro arroyo, from Arroyo Chico upstream to its headwaters;
(l) Arroyo Tinaja, including unnamed tributaries to Arroyo
Tinaja, from San Isidro arroyo upstream to 2 miles northeast of the Cibola
national forest boundary;
(m) Mulatto canyon from Arroyo Tinaja upstream to 1 mile
northeast of the Cibola national forest boundary; and
(n) Doctor arroyo, including unnamed tributaries to Doctor
arroyo, from San Isidro arroyo upstream to its headwaters, and excluding Doctor
Spring and Doctor arroyo from the spring to its confluence with the unnamed
tributary approximately one-half mile downstream of the spring.
(2) the following waters are designated in the Pecos river
basin:
(a) an unnamed tributary from Hart canyon upstream 1 mile to
South Union road;
(b) Aqua Chiquita from Rio Peñasco upstream to McEwan canyon;
and
(c) Grindstone canyon upstream of Grindstone reservoir.
(3) the following waters are designated in the Canadian river
basin:
(a) Bracket canyon upstream of the Vermejo river;
(b) an unnamed tributary from Bracket canyon upstream 2 miles
to the Ancho mine; and
(c) Gachupin canyon from the Vermejo river upstream 2.9 miles
to an unnamed west tributary near the Ancho mine outfall.
(4) in the San Juan river basin an unnamed tributary of
Kim-me-ni-oli wash upstream of the mine outfall.
(5) the following waters are designated in the Little Colorado
river basin:
(a) Defiance draw from County Road 1 to upstream of West
Defiance Road; and
(b) an unnamed tributary of Defiance draw from McKinley county
road 1 upstream to New Mexico highway 264.
(6) the following waters are designated in the closed basins:
(a) in the Tularosa river closed basin San Andres canyon
downstream of South San Andres canyon; and
(b) in the Mimbres river closed basin San Vicente arroyo from the Mimbres river upstream to Maudes canyon.
[20.6.4.97 NMAC - N,
5/23/2005; A, 12/1/2010; A, 3/2/2017; A, 12/17/2019; A, 4/23/2022]
20.6.4.103 RIO GRANDE BASIN: [The
main stem of the Rio Grande from the headwaters of Caballo reservoir upstream
to Elephant Butte dam and perennial] Perennial reaches of tributaries to the Rio Grande
in Sierra and Socorro counties not specifically
identified under other sections of 20.6.4 NMAC, excluding waters on tribal lands.
A. Designated
uses: irrigation, livestock watering, wildlife
habitat, marginal coldwater aquatic life, secondary contact and warmwater
aquatic life.
B. Criteria: the use-specific numeric criteria
set forth in 20.6.4.900 NMAC are applicable to the designated uses.
[C. Remarks: flow in this reach of the Rio Grande main
stem is dependent upon release from Elephant Butte dam.]
[20.6.4.103 NMAC - Rp 20 NMAC 6.1.2103, 10/12/2000; A, 5/23/2005; A,
12/1/2010; A, 4/23/2022]
[NOTE: This segment was
divided effective 4/23/2022. The standards for the main
stem of the Rio Grande from the headwaters of Caballo reservoir upstream to
Elephant Butte dam, perennial reaches of Palomas creek, perennial reaches of
Rio Salado, perennial reaches of Percha creek, perennial reaches of Alamosa
creek, Las Animas creek, and perennial reaches of Abo arroyo are under
20.6.4.112 NMAC.]
20.6.4.108 RIO GRANDE BASIN: Perennial
reaches of the Jemez river upstream of Soda
dam near the town of Jemez Springs and [all its] perennial reaches of tributaries
to the Jemez river except those not specifically
identified under other sections of 20.6.4 NMAC [above Soda dam near the town of Jemez
Springs, except San Gregorio lake and Sulphur creek above its confluence with
Redondo creek], and perennial reaches
of the Guadalupe river and perennial
reaches of [all
its] tributaries to the Guadalupe river, and Calaveras canyon.
A. Designated uses: domestic water supply, fish culture, high quality coldwater aquatic life,
irrigation, livestock watering, wildlife habitat and primary contact.
B. Criteria: the use-specific numeric criteria
set forth in 20.6.4.900 NMAC are applicable to the designated uses, except that
the following segment-specific criteria apply: specific conductance 400
μS/cm or less (800 μS/cm or less on Sulphur creek); the monthly
geometric mean of E. coli bacteria 126 cfu/100
mL or less, single sample 235 cfu/100 mL or less; and pH within the range of
2.0 to 8.8 on Sulphur creek.
[20.6.4.108 NMAC - Rp 20 NMAC 6.1.2106, 10/12/2000; A, 5/23/2005; A,
12/1/2010; A, 7/10/2012; A, 4/23/2022]
[NOTE: The segment covered by
this section was divided effective 5/23/2005. The standards for the additional
segment are under 20.6.4.124 NMAC. The
standards for San Gregorio lake are in 20.6.4.134 NMAC, effective 7/10/2012]
20.6.4.112 [RESERVED] RIO GRANDE BASIN: The
main stem of the Rio Grande from the headwaters of Caballo reservoir upstream
to Elephant Butte dam, perennial reaches of Palomas creek, perennial reaches of
Rio Salado, perennial reaches of Percha creek, perennial reaches of Alamosa
creek, Las Animas creek, and perennial reaches of Abo arroyo.
A. Designated uses: irrigation,
livestock watering, wildlife habitat, marginal coldwater aquatic life, primary
contact and warmwater aquatic life.
B. Criteria: the use-specific
numeric criteria set forth in 20.6.4.900 NMAC are applicable to the designated
uses.
C. Remarks: flow in this reach
of the Rio Grande main stem is dependent upon release from Elephant Butte dam.
[20.6.4.112 NMAC - Rp 20 NMAC 6.1.2109, 10/12/2000; A, 5/23/2005;
Repealed, 12/1/2010; A, 4/23/2022]
20.6.4.115 RIO GRANDE BASIN: The perennial
reaches of Rio Vallecitos, [and its] perennial reaches of
tributaries to Rio Vallecitos except
Hopewell lake, and perennial reaches of Rio del Oso and perennial reaches of El
Rito creek above the town of El Rito.
A. Designated uses:
domestic water supply, irrigation, high quality coldwater aquatic life,
livestock watering, wildlife habitat and primary contact; public water supply
on the Rio Vallecitos and El Rito creek.
B. Criteria: the use-specific numeric criteria
set forth in 20.6.4.900 NMAC are applicable to the designated uses, except that
the following segment-specific criteria apply: specific conductance 300
μS/cm or less; the monthly geometric mean of E. coli bacteria 126 cfu/100 mL or less, single
sample 235 cfu/100 mL or less.
[20.6.4.115 NMAC - Rp 20 NMAC 6.1.2112, 10/12/2000; A, 5/23/2005; A,
12/1/2010; A, 7/10/2012; A, 4/23/2022]
[NOTE: The standards for
Hopewell lake are in 20.6.4.134 NMAC, effective 7/10/2012]
20.6.4.116 RIO GRANDE BASIN: The Rio Chama from its mouth on the Rio
Grande upstream to Abiquiu reservoir, perennial reaches of the Rio Tusas,
perennial reaches of the Rio Ojo Caliente, perennial reaches of Abiquiu creek
and perennial reaches of El Rito creek downstream of the town of El Rito.
A. Designated uses: irrigation, livestock watering,
wildlife habitat, coldwater aquatic life, warmwater aquatic life and [secondary] primary contact.
B. Criteria: the use-specific numeric criteria
set forth in 20.6.4.900 NMAC are applicable to the designated uses, except that
the following segment-specific criterion applies: temperature 31°C (87.8°F) or
less.
[20.6.4.116 NMAC - Rp 20 NMAC 6.1.2113, 10/12/2010; A, 5/23/2005; A,
12/1/2010; A, 3/2/2017; A, 4/23/2022]
20.6.4.126 RIO GRANDE BASIN: Perennial waters
within lands managed by the U.S. department of energy (DOE) within Los Alamos
National Laboratory (LANL), including but not limited to: [portions of] Cañon de Valle from [Los Alamos national laboratory (]LANL[)] stream gage E256
upstream to Burning Ground spring, Sandia canyon from Sigma canyon upstream to
LANL NPDES outfall 001, Pajarito canyon from 0.5
miles below Arroyo de La Delfe upstream to Homestead spring, Arroyo de la Delfe from Pajarito canyon
to Kieling spring, [into] Starmers
gulch and Starmers spring and Water canyon from Area-A canyon upstream to State
Route 501.
A. Designated
uses: coldwater aquatic life, livestock watering,
wildlife habitat and secondary contact.
B. Criteria: the use-specific numeric criteria set forth
in 20.6.4.900 NMAC are applicable to the designated uses.
[20.6.4.126 NMAC - N,
5/23/2005; A, 12/1/2010; A, 4/23/2022]
20.6.4.128 RIO GRANDE BASIN: Ephemeral and
intermittent [watercourses]
waters within lands managed by
U.S. department of energy (DOE) within LANL[ ], including but not
limited to: Mortandad canyon, Cañada del Buey, Ancho canyon, Chaquehui canyon,
Indio canyon, Fence canyon, Potrillo canyon, and portions of Cañon de Valle,
Los Alamos canyon, Sandia canyon, Pajarito canyon and Water canyon not [specifically] identified in 20.6.4.126 NMAC or 20.6.4.140 NMAC. (Surface waters within lands scheduled for
transfer from DOE to tribal, state or local authorities are specifically
excluded.)
A. Designated uses:
livestock watering, wildlife habitat, limited aquatic life and secondary
contact.
B. Criteria: the use-specific criteria in
20.6.4.900 NMAC are applicable to the designated uses, except that the
following segment-specific criteria apply: the acute total ammonia criteria set
forth in Subsection [K] L of 20.6.4.900 NMAC ([salmonids] Oncorhynchus spp. absent).
[20.6.4.128 NMAC - N, 5/23/2005; A, 12/1/2010; A, 4/23/2022]
[NOTE: This section was divided effective 4/23/2022. The standards for some intermittent waters within LANL are in 20.6.4.140 NMAC.]
20.6.4.140 RIO GRANDE BASIN:
Effluent canyon from Mortandad canyon to its headwaters, intermittent
portions of S-Site canyon from monitoring well MSC 16-06293 to Martin spring,
and intermittent portions of Twomile canyon from its confluence with Pajarito
canyon to Upper Twomile canyon. (Surface waters within lands scheduled for
transfer from DOE to tribal, state or local authorities are specifically
excluded.)
A. Designated uses: livestock watering, wildlife habitat,
marginal warmwater aquatic life and secondary contact.
B. Criteria: the use-specific numeric criteria set forth
in 20.6.4.900 NMAC are applicable to the designated uses.
[20.6.4.140 NMAC - N, 4/23/2022]
20.6.4.204 PECOS RIVER BASIN: The main stem
of the Pecos river from the headwaters of Avalon reservoir upstream to Brantley
dam.
A. Designated uses: irrigation, livestock watering,
wildlife habitat, [secondary] primary contact and warmwater aquatic life.
B. Criteria: the use-specific numeric criteria
set forth in 20.6.4.900 NMAC are applicable to the designated uses.
[20.6.4.204 NMAC - Rp 20 NMAC 6.1.2204, 10/12/2000; A, 5/23/2005; A,
12/1/2010; A, 4/23/2022]
[NOTE: The segment covered by
this section was divided effective 5/23/2005.
The standards for Avalon Reservoir are under 20.6.4.219 NMAC.]
20.6.4.206 PECOS RIVER BASIN: [The
main stem of the Pecos river from the headwaters of Brantley reservoir upstream
to Salt creek (near Acme), perennial reaches of the Rio Peñasco downstream from
state highway 24 near Dunken, perennial reaches of the Rio Hondo and its]
Perennial reaches of the Rio Felix and
perennial reaches of
tributaries to the Rio Hondo downstream of Bonney canyon, excluding North Spring river [and perennial reaches of the
Rio Felix].
A. Designated uses:
irrigation, livestock watering, wildlife habitat, secondary contact and
warmwater aquatic life.
B. Criteria:
(1) The use-specific numeric criteria set forth in 20.6.4.900
NMAC are applicable to the designated uses.
(2) At all flows above 50 cfs: TDS 14,000 mg/L or less,
sulfate 3,000 mg/L or less and chloride 6,000 mg/L or less.
[20.6.4.206 NMAC - Rp
20 NMAC 6.1.2206, 10/12/2010; A, 5/23/2005; A, 12/1/2010; A, 3/2/2017; A,
4/23/2022]
[NOTE: This segment was divided effective
4/23/2022. The standards for the main
stem of the Pecos river from the headwaters of Brantley reservoir upstream to
Salt creek (near Acme), perennial reaches of the Rio Peñasco downstream from
state highway 24 near Dunken, and perennial reaches of the Rio Hondo are under
20.6.4.231 NMAC.]
20.6.4.207 PECOS RIVER BASIN: The main stem
of the Pecos river from Salt creek (near Acme) upstream to Sumner dam.
A. Designated uses: irrigation, marginal warmwater
aquatic life, livestock watering, wildlife habitat and [secondary] primary contact.
B. Criteria:
(1) The
use-specific numeric criteria set forth in 20.6.4.900 NMAC are applicable to
the designated uses.
(2) At
all flows above 50 cfs: TDS 8,000 mg/L or less, sulfate 2,500 mg/L or less and
chloride 4,000 mg/L or less.
[20.6.4.207 NMAC - Rp 20 NMAC 6.1.2207, 10/12/2000; A, 5/23/2005; A,
12/1/2010; A, 4/23/2022]
20.6.4.208 PECOS RIVER BASIN: Perennial
reaches of the Rio Peñasco above state
highway 24 near Dunken, [and its] perennial reaches of tributaries
to the Rio Peñasco above
state highway 24 near Dunken, perennial reaches of
Cox canyon, perennial reaches of the Rio Bonito
downstream from state highway 48 (near Angus), the Rio Ruidoso downstream of
the U.S. highway 70 bridge near Seeping
Springs lakes, perennial reaches of the Rio Hondo upstream from Bonney canyon
and perennial reaches of Agua Chiquita.
A. Designated uses: fish culture, irrigation, livestock
watering, wildlife habitat, coldwater aquatic life and primary contact.
B. Criteria: the use-specific numeric criteria
set forth in 20.6.4.900 NMAC are applicable to the designated uses, except that
the following segment-specific criteria apply: temperature 30°C (86°F) or less,
and phosphorus (unfiltered sample) less than 0.1 mg/L.
[20.6.4.208 NMAC - Rp 20 NMAC 6.1.2208, 10/12/2000; A, 5/23/2005; A,
12/1/2010; A, 4/23/2022]
20.6.4.209 PECOS RIVER BASIN: Perennial
reaches of Eagle creek upstream of Alto dam to the Mescalero Apache boundary,
perennial reaches of the Rio Bonito upstream of state
highway 48 (near Angus) excluding Bonito lake, [and its] perennial reaches of
tributaries to the Rio Bonito
upstream of state highway 48 (near Angus)[ ], [and] perennial reaches of the Rio Ruidoso upstream of
the U.S. highway 70 bridge near Seeping Springs lakes [,] above and below the Mescalero Apache
boundary and [its] perennial reaches of
tributaries to the Rio Ruidoso
upstream of the U.S. highway 70 bridge near Seeping Springs lakes [,] above and below the Mescalero Apache boundary.
A. Designated uses:
domestic water supply, high quality coldwater aquatic life, irrigation,
livestock watering, wildlife habitat, public water supply and primary contact.
B. Criteria: the use-specific numeric criteria
set forth in 20.6.4.900 NMAC are applicable to the designated uses, except that
the following segment-specific criteria apply: specific conductance 600
μS/cm or less in Eagle creek, 1,100 μS/cm or less in Bonito creek and
1,500 μS/cm or less in the Rio Ruidoso; phosphorus (unfiltered sample)
less than 0.1 mg/L; the monthly geometric mean of E. coli bacteria 126 cfu/100 mL or less, single
sample 235 cfu/100 mL or less.
[20.6.4.209 NMAC - Rp 20 NMAC 6.1.2209, 10/12/2000; A, 5/23/2005; A,
12/1/2010; A, 7/10/2012; A, 4/23/2022]
[NOTE: The standards for
Bonito lake are in 20.6.4.223 NMAC, effective 7/10/2012]
20.6.4.215 PECOS RIVER BASIN: Perennial
reaches of the Gallinas river upstream of the diversion
for the Las Vegas municipal reservoir, [and all its] perennial reaches of tributaries
to the Gallinas river
upstream of the diversion for the Las Vegas municipal reservoir, perennial
reaches of Tecolote creek upstream of Blue creek[,] and all perennial reaches of tributaries
[of]to Tecolote creek upstream
of Blue creek.
A. Designated uses: domestic water supply, high
quality coldwater aquatic life, irrigation, livestock watering, wildlife
habitat, industrial water supply and primary contact; and public water supply on
the Gallinas river.
B. Criteria: the use-specific numeric criteria
set forth in 20.6.4.900 NMAC are applicable to the designated uses, except that
the following segment-specific criteria apply: specific conductance 300 µS/cm
or less (450 µS/cm or less in Wright Canyon creek); the monthly geometric mean
of E. coli bacteria 126 cfu/100 mL or less, single sample 235 cfu/100 mL or
less.
[20.6.4.215 NMAC - Rp 20 NMAC 6.1.2212, 10/12/2000; A, 5/23/2005; A,
12/1/2010; A, 2/13/2018; A, 4/23/2022]
[NOTE: This segment was
divided effective 2/13/2018. The
standards for Tecolote creek from I-25 to Blue creek are under 20.6.4.230
NMAC.]
20.6.4.220 PECOS RIVER BASIN: Perennial
reaches of the Gallinas river and [its]
perennial reaches of tributaries
to the Gallinas river from
its mouth upstream to the diversion for the Las Vegas municipal reservoir,
except Pecos Arroyo.
A. Designated uses: irrigation, livestock watering, wildlife
habitat, marginal coldwater aquatic life and primary contact.
B. Criteria: the use-specific numeric criteria
set forth in 20.6.4.900 NMAC are applicable to the designated uses, except that
the following segment-specific criterion applies: temperature 30°C (86°F) or
less.
[20.6.4.220 NMAC - N, 5/23/2005; A, 12/1/2010; A, 4/23/2022]
20.6.4.231 PECOS RIVER BASIN:
The main stem of the Pecos river from the headwaters of Brantley
reservoir upstream to Salt creek (near Acme), perennial reaches of the Rio
Peñasco downstream from state highway 24 near Dunken, perennial reaches of
North Spring river and perennial reaches of the Rio Hondo downstream of Bonney
canyon.
A. Designated uses: irrigation, livestock watering, wildlife
habitat, primary contact and warmwater aquatic life.
B. Criteria:
(1) The use-specific numeric criteria set
forth in 20.6.4.900 NMAC are applicable to the designated uses.
(2) At all flows above 50 cfs: TDS 14,000
mg/L or less, sulfate 3,000 mg/L or less and chloride 6,000 mg/L or less.
[20.6.4.231 NMAC - N, 4/23/2022]
20.6.4.307 CANADIAN RIVER BASIN: Perennial
reaches of the Mora river from the USGS gaging station near Shoemaker upstream
to the state highway 434 bridge in Mora, all perennial reaches of tributaries
to the Mora river downstream from the USGS gaging station at La Cueva in San
Miguel and Mora counties except lakes identified in 20.6.4.313 NMAC, perennial
reaches of Ocate creek downstream of Ocate, [and its] perennial reaches of
tributaries to Ocate creek downstream
of Ocate, and perennial reaches of Rayado creek downstream of Miami lake
diversion in Colfax county.
A. Designated uses: marginal coldwater
aquatic life, warmwater aquatic life, primary contact, irrigation, livestock
watering and wildlife habitat.
B. Criteria: the use-specific numeric criteria set forth in 20.6.4.900 NMAC are
applicable to the designated uses.
[20.6.4.307 NMAC - Rp 20 NMAC 6.1.2305.3, 10/12/2000; A, 5/23/2005; A,
12/1/2010; A, 7/10/2012; A, 4/23/2022]
20.6.4.309 CANADIAN RIVER BASIN: The Mora
river and perennial reaches of its tributaries upstream from the state highway
434 bridge in Mora except lakes identified in 20.6.4.313 NMAC, all perennial
reaches of tributaries to the Mora river upstream from the USGS gaging station
at La Cueva, perennial reaches of Coyote creek, [and its] perennial reaches of
tributaries to Coyote creek, the
Cimarron river above state highway 21 in Cimarron,
[and its] perennial
reaches of
tributaries to the Cimarron river above
state highway 21 in Cimarron except Eagle Nest lake, all perennial reaches of
tributaries to the Cimarron river north and northwest of highway 64 except
north and south Shuree ponds, perennial reaches of Rayado creek above Miami lake diversion, [and
its] perennial
reaches of tributaries to Rayado creek above Miami lake
diversion, Ocate creek and perennial reaches of its tributaries upstream of
Ocate, perennial reaches of the Vermejo river upstream from Rail canyon and all
other perennial reaches of tributaries to the Canadian river northwest and
north of U.S. highway 64 in Colfax county unless included in other segments.
A. Designated uses: domestic water supply, irrigation, high
quality coldwater aquatic life, livestock watering, wildlife habitat, and
primary contact; and public water supply on the Cimarron river upstream from
Cimarron, [and] on perennial reaches of Rayado creek and on perennial reaches of
[its] tributaries
to Rayado creek.
B. Criteria: the use-specific numeric criteria
set forth in 20.6.4.900 NMAC are applicable to the designated uses, except that
the following segment-specific criteria apply: specific conductance 500
μS/cm or less; the monthly geometric mean of E. coli bacteria 126 cfu/100 mL or less, single
sample 235 cfu/100 mL or less.
[20.6.4.309 NMAC - Rp 20 NMAC 6.1.2306, 10/12/2000; A, 7/19/2001; A,
5/23/2005; A, 12/1/2010; A, 7/10/2012; A, 4/23/2022]
[NOTE: The segment covered by
this section was divided effective 5/23/2005.
The standards for the additional segment are under 20.6.4.310 NMAC. The standards for Shuree ponds are in 20.6.4.314
NMAC and the standards for Eagle Nest lake are in 20.6.4.315 NMAC, effective
7/10/2012]
20.6.4.311 CANADIAN
RIVER BASIN: Lake Alice.
A. Designated
uses: marginal coldwater aquatic life, irrigation,
livestock watering, wildlife habitat, primary contact and public water supply.
B. Criteria: the use-specific numeric criteria set forth
in 20.6.4.900 NMAC are applicable to the designated uses.
[20.6.4.311 NMAC - N,
12/1/2010; A, 4/23/2022]
20.6.4.312 CANADIAN RIVER BASIN:
Lake Maloya.
A. Designated
uses: coldwater aquatic life, irrigation, livestock
watering, wildlife habitat, primary contact and public water supply.
B. Criteria: the use-specific numeric criteria set forth
in 20.6.4.900 NMAC are applicable to the designated uses.
[20.6.4.312 NMAC - N,
12/1/2010; A, 4/23/2022]
20.6.4.318 CANADIAN RIVER BASIN: Doggett creek.
A. Designated uses: Warm water aquatic life, livestock watering, wildlife habitat and primary contact.
B. Criteria: The use-specific criteria in 20.6.4.900 NMAC are applicable to the designated uses, except that the following site-specific criteria apply: the monthly geometric mean of E. coli bacteria 206 cfu/100 mL or less, single sample 940 cfu/100 mL or less.
C. Discharger-specific temporary standard:
(1) Discharger: City of Raton wastewater treatment plant
(2) NPDES permit number: NM0020273, Outfall 001
(3) Receiving waterbody: Doggett creek, 20.6.4.318 NMAC
(4) Discharge latitude/longitude: 36° 52' 13.91" N / 104° 25' 39.18" W
(5) Pollutant(s): nutrients; total nitrogen and total phosphorus
(6) Factor of issuance: substantial and widespread economic and social impacts (40 CFR 131.10(g)(6))
(7) Highest attainable condition: interim effluent condition of 8.0 mg/L total nitrogen and 1.6 mg/L total phosphorus as 30-day averages. The highest attainable condition shall be either the highest attainable condition identified at the time of the adoption, or any higher attainable condition later identified during any reevaluation, whichever is more stringent (40 CFR 131.14(b)(1)(iii)).
(8) Effective date of temporary standard: This temporary standard becomes effective for Clean Water Act purposes on the date of EPA approval.
(9) Expiration date of temporary standard: no later than 20 years from the effective date.
(10) Reevaluation period: at each succeeding review of water quality standards and at least once every five years from the effective date of the temporary standard (Paragraph (8) of Subsection H of 20.6.4.10[.F (8)] NMAC, 40 CFR 131.14(b)(1)(v)). If the discharger cannot demonstrate that sufficient progress has been made the commission may revoke approval of the temporary standard or provide additional conditions to the approval of the temporary standard. If the reevaluation is not completed at the frequency specified or the Department does not submit the reevaluation to EPA within 30 days of completion, the underlying designated use and criterion will be the applicable water quality standard for Clean Water Act purposes until the Department completes and submits the reevaluation to EPA. Public input on the reevaluation will be invited during NPDES permit renewals or triennial reviews, as applicable, in accordance with the State’s most current approved water quality management plan and continuing planning process.
(11) Timeline for proposed actions. Tasks
and target completion dates are listed in the most recent, WQCC-approved
version of the New Mexico Environment Department, Surface Water Quality
Bureau’s “Nutrient Temporary Standards for City of Raton Wastewater Treatment
Plant, NPDES No. NM0020273 to Doggett Creek.”
[20.6.4.318 NMAC - N, 05/22/2020; A, 4/23/2022]
20.6.4.405 SAN JUAN RIVER BASIN: The main stem of the San Juan river from [Canyon] Cañon Largo upstream to the Navajo dam.
A. Designated uses: high quality coldwater aquatic
life, irrigation, livestock watering, wildlife habitat, public water supply,
industrial water supply and primary contact.
B. Criteria: the use-specific numeric criteria
set forth in 20.6.4.900 NMAC are applicable to the designated uses, except that
the following segment-specific criteria apply: specific conductance 400 µS/cm
or less; the monthly geometric mean of E. coli bacteria 126 cfu/100 mL or less,
single sample 235 cfu/100 mL or less.
[20.6.4.405 NMAC - Rp 20 NMAC 6.1.2405, 10/12/2000; A, 5/23/2005; A,
12/1/2010; A, 4/23/2022]
20.6.4.408 SAN JUAN RIVER BASIN: The main
stem of the San Juan river from its confluence with the Animas river upstream
to its confluence with [Canyon]
Cañon Largo.
A. Designated uses: public water supply, industrial water supply,
irrigation, livestock watering, wildlife habitat, primary contact, marginal
coldwater aquatic life and warmwater aquatic life.
B. Criteria: the use-specific numeric criteria set forth in 20.6.4.900 NMAC are applicable to the designated uses, except that the following segment-specific criterion applies: temperature 32.2°C (90°F) or less.
[20.6.4.408 NMAC - N, 5/23/2005; A, 12/1/2010; A, 4/23/2022]
20.6.4.900 CRITERIA APPLICABLE
TO EXISTING, DESIGNATED OR ATTAINABLE USES UNLESS OTHERWISE SPECIFIED IN
20.6.4.97 THROUGH 20.6.4.899 NMAC:
A. Fish culture and water supply: Fish culture, public water supply and
industrial water supply are designated uses in particular classified waters of
the state where these uses are actually being realized. However, no numeric
criteria apply uniquely to these uses. Water quality adequate for these uses is
ensured by the general criteria and numeric criteria for bacterial quality, pH
and temperature.
B. Domestic
water supply: Surface waters of the state designated for
use as domestic water supplies shall not contain substances in concentrations
that create a lifetime cancer risk of more than one cancer per 100,000 exposed
persons. Those criteria listed under domestic water
supply in Subsection J of this section apply to this use.
C. Irrigation
and irrigation storage: the following numeric criteria and those criteria listed under
irrigation in Subsection J of this section apply to this use:
(1) dissolved selenium 0.13
mg/L
(2) dissolved selenium in presence of >500 mg/L SO4 0.25 mg/L.
D. Primary contact: The monthly geometric mean of E.
coli bacteria of 126 cfu/100 mL or MPN/100 ml, [and] a single sample of E. coli bacteria of 410 cfu/100 mL or
MPN/100 mL, a single sample of total microcystins of 8 µg/L with no more than three
exceedances within a 12-month period and a single sample of cylindrospermopsin
of 15 µg/L with no more than three exceedances within a 12-month period, and pH within the range
of 6.6 to 9.0 apply to this use. The results for E. coli may be reported as
either colony forming units (CFU) or the most probable number (MPN) depending
on the analytical method used.
E. Secondary contact: The
monthly geometric mean of E. coli bacteria of 548 cfu/100 mL or MPN/100 mL and
single sample of 2507 cfu/100 mL or MPN/100 mL apply to this use. The results for E. coli may be reported as either colony forming
units (CFU) or the most probable number (MPN), depending on the analytical
method used.
F. Livestock watering: the criteria listed in Subsection
J of this section for livestock watering apply to this use.
G. Wildlife habitat:
Wildlife habitat shall be free from any substances at concentrations
that are toxic to or will adversely affect plants and animals that use these
environments for feeding, drinking, habitat or propagation; can bioaccumulate;
or might impair the community of animals in a watershed or the ecological
integrity of surface waters of the state. The numeric criteria listed in Subsection J
for wildlife habitat apply to this use.
H. Aquatic life: Surface waters of the state with
a designated, existing or attainable use of aquatic life shall be free from any
substances at concentrations that can impair the community of plants and
animals in or the ecological integrity of surface waters of the state. Except as provided in
Paragraph (7) of this subsection, the acute and chronic aquatic life criteria
set out in Subsections I, J, K and L of this section and the human
health-organism only criteria set out in Subsection J of this section are
applicable to all aquatic life use subcategories. In addition, the
specific criteria for aquatic life subcategories in the following paragraphs
apply to waters classified under the respective designations.
(1) High quality coldwater:
dissolved oxygen 6.0 mg/L or more, 4T3 temperature 20°C (68°F), maximum
temperature 23°C (73°F), pH within the range of 6.6 to 8.8 and specific
conductance a segment-specific limit between 300 µS/cm and 1,500 µS/cm
depending on the natural background in the particular surface water of the
state (the intent of this criterion is to prevent excessive increases in
dissolved solids which would result in changes in community structure). Where a single
segment-specific temperature criterion is indicated in 20.6.4.101-899 NMAC, it
is the maximum temperature and no 4T3 temperature applies.
(2) Coldwater: dissolved oxygen 6.0 mg/L or
more, 6T3 temperature 20°C (68°F), maximum temperature 24°C (75°F) and pH
within the range of 6.6 to 8.8. Where a
single segment-specific temperature criterion is indicated in 20.6.4.101-899
NMAC, it is the maximum temperature and no 6T3 temperature applies.
(3) Marginal coldwater: dissolved oxygen 6 mg/L or more,
6T3 temperature 25°C (77°F), maximum temperature 29°C (84°F) and pH within the
range from 6.6 to 9.0. Where a single segment-specific temperature
criterion is indicated in 20.6.4.101-899 NMAC, it is the maximum temperature
and no 6T3 temperature applies.
(4) Coolwater: dissolved oxygen 5.0 mg/L or
more, maximum temperature 29°C (84°F) and pH within the range of 6.6 to 9.0.
(5) Warmwater: dissolved oxygen 5 mg/L or more,
maximum temperature 32.2°C (90°F) and pH within the range of 6.6 to 9.0. Where a segment-specific temperature
criterion is indicated in 20.6.4.101-899 NMAC, it is the maximum temperature.
(6) Marginal warmwater: dissolved oxygen 5 mg/L or more,
pH within the range of 6.6 to 9.0 and [maximum temperature] temperatures that may routinely
exceed 32.2°C (90°F). Where a
segment-specific temperature criterion is indicated in 20.6.4.101-899 NMAC, it
is the maximum temperature.
(7) Limited aquatic life: The acute aquatic life criteria
of Subsections I and J of this section apply to this subcategory. Chronic aquatic life criteria do not apply
unless adopted on a segment-specific basis. Human health-organism only criteria
apply only for persistent toxic pollutants unless adopted on a
segment-specific basis.
(1) Acute aquatic life criteria for metals: The equation to calculate acute criteria in
µg/L is exp(mA[ln(hardness)] + bA)(CF). Except for aluminum,
the criteria are based on analysis of dissolved metal. For aluminum, the
criteria are based on analysis of total recoverable aluminum in a sample that has a pH between 6.5
and 9.0 and is filtered to minimize mineral phases as specified by the
department. [The EPA has
disapproved the hardness-based equation for total recoverable aluminum in
waters where the pH is less than 6.5 in the receiving stream for federal
purposes of the Clean Water Act.] The equation parameters are as follows:
|
Metal |
mA |
bA |
Conversion factor (CF) |
|
Aluminum (Al) |
1.3695 |
1.8308 |
|
|
Cadmium (Cd) |
[0.8968] 0.9789 |
[-3.5699] -3.866 |
1.136672-[(ln
hardness)(0.041838)] |
|
Chromium (Cr) III |
0.8190 |
3.7256 |
0.316 |
|
Copper (Cu) |
0.9422 |
-1.700 |
0.960 |
|
Lead (Pb) |
1.273 |
-1.460 |
1.46203-[(ln hardness)(0.145712)] |
|
Manganese (Mn) |
0.3331 |
6.4676 |
|
|
Nickel (Ni) |
0.8460 |
2.255 |
0.998 |
|
Silver (Ag) |
1.72 |
-6.59 |
0.85 |
|
Zinc (Zn) |
0.9094 |
0.9095 |
0.978 |
(2) Chronic
aquatic life criteria for metals: The
equation to calculate chronic criteria in µg/L is exp(mC[ln(hardness)] + bC)(CF). Except for aluminum,
the criteria are based on analysis of dissolved metal. For aluminum, the
criteria are based on analysis of total recoverable aluminum in a sample that has a pH between 6.5
and 9.0 and is filtered to minimize mineral phases as specified by the
department. [The EPA has
disapproved the hardness-based equation for total recoverable aluminum in
waters where the pH is less than 6.5 in the receiving stream for federal
purposes of the Clean Water Act.] The equation parameters are as follows:
|
Metal |
mC |
bC |
Conversion factor
(CF) |
|
Aluminum (Al) |
1.3695 |
0.9161 |
|
|
Cadmium (Cd) |
[0.7647] 0.7977 |
[-4.2180] -3.909 |
1.101672-[(ln hardness)(0.041838)] |
|
Chromium (Cr) III |
0.8190 |
0.6848 |
0.860 |
|
Copper (Cu) |
0.8545 |
-1.702 |
0.960 |
|
Lead (Pb) |
1.273 |
-4.705 |
1.46203-[(ln hardness)(0.145712)] |
|
Manganese (Mn) |
0.3331 |
5.8743 |
|
|
Nickel (Ni) |
0.8460 |
0.0584 |
0.997 |
|
Zinc (Zn) |
0.9094 |
0.6235 |
0.986 |
(3) Selected
values of calculated acute and chronic criteria (µg/L).
|
Hardness as CaCO3, dissolved (mg/L) |
|
Al |
Cd |
Cr III |
Cu |
Pb |
Mn |
Ni |
Ag |
Zn |
|
[25] 25.0 |
Acute |
512 |
[0.51] 0.490 |
[180] 183 |
[4] 3.64 |
[14] 13.9 |
[1,881]1,880 |
[140] 145 |
[0.3] 0.30 |
[45] 45.4 |
|
Chronic |
205 |
[0.17] 0.253 |
[24] 23.8 |
[3] 2.74 |
[1] 0.541 |
1,040 |
[16] 16.1 |
|
[34] 34.4 |
|
|
[30] 30.0 |
Acute |
658 |
[0.59] 0.581 |
[210] 212 |
[4] 4.32 |
[17] 17.0 |
[1,999]2,000 |
[170] 169 |
[0.4] 0.40 |
[54] 53.5 |
|
Chronic |
263 |
[0.19] 0.290 |
[28] 27.6 |
[3] 3.20 |
[1] 0.664 |
[1,105] 1,100 |
[19] 18.8 |
|
[41] 40.5 |
|
|
[40] 40.0 |
Acute |
975 |
[0.76] 0.761 |
[270] 269 |
[6] 5.67 |
[24] 23.5 |
2,200 |
[220] 216 |
[0.7] 0.66 |
[70] 69.5 |
|
Chronic |
391 |
[0.23] 0.360 |
[35] 35.0 |
[4] 4.09 |
[1] 0.916 |
[1,216] 1,220 |
[24] 24.0 |
|
[53] 52.7 |
|
|
[50] 50.0 |
Acute |
[1,324] 1,320 |
[0.91] 0.938 |
[320] 323 |
[7] 6.99 |
[30] 30.1 |
2,370 |
260 |
[1.0] 0.98 |
[85] 85.2 |
|
Chronic |
530 |
[0.28] 0.426 |
[42] 42.0 |
[5] 4.95 |
[1] 1.17 |
[1,309] 1,310 |
[29] 28.9 |
|
[65] 64.5 |
|
|
[60] 60.0 |
Acute |
[1,699] 1,700 |
[1.07] 1.11 |
[370] 375 |
[8] 8.30 |
[37] 36.9 |
[2,519] 2,520 |
[300] 304 |
1.3 |
[101] 100 |
|
Chronic |
681 |
[0.31] 0.489 |
[49] 48.8 |
[6] 5.79 |
[1] 1.44 |
[1,391] 1,390 |
[34] 33.8 |
|
[76] 76.2 |
|
|
[70] 70.0 |
Acute |
[2,099] 2,100 |
[1.22] 1.28 |
[430] 425 |
[10] 9.60 |
[44] 43.7 |
[2,651] 2,650 |
[350] 346 |
1.7 |
116 |
|
Chronic |
841 |
[0.35] 0.549 |
[55] 55.3 |
[7] 6.60 |
[2] 1.70 |
[1,465] 1,460 |
[38] 38.5 |
|
[88] 87.6 |
|
|
[80] 80.0 |
Acute |
2,520 |
[1.37] 1.46 |
[470] 474 |
[11] 10.9 |
[51] 50.6 |
[2,772] 2,770 |
[390] 388 |
2.2 |
131 |
|
Chronic |
1,010 |
[0.39] 0.607 |
[62] 61.7 |
[7] 7.40 |
[2] 1.97 |
[1,531] 1,530 |
[43] 43.0 |
|
[99] 98.9 |
|
|
[90] 90.0 |
Acute |
[2,961] 2,960 |
[1.51] 1.62 |
[520] 523 |
[12] 12.2 |
[58] 57.6 |
[2,883] 2,880 |
[430] 428 |
2.7 |
145 |
|
Chronic |
[1,186] 1,190 |
[0.42] 0.664 |
[68] 68.0 |
[8] 8.18 |
[2] 2.24 |
[1,593] 1,590 |
[48] 47.6 |
|
110 |
|
|
100 |
Acute |
[3,421] 3,420 |
[1.65] 1.79 |
570 |
[13] 13.4 |
[65] 64.6 |
[2,986] 2,980 |
[470] 468 |
3.2 |
160 |
|
Chronic |
1,370 |
[0.45] 0.718 |
[74] 74.1 |
[9] 8.96 |
[3] 2.52 |
1,650 |
[52] 52.0 |
|
121 |
|
|
200 |
Acute |
[8,838] 8,840 |
[2.98] 3.43 |
[1,010] 1,000 |
[26] 25.8 |
[140] 136 |
[3,761] 3,760 |
[840] 842 |
[11] 10 |
[301] 300 |
|
Chronic |
[3,541] 3,540 |
[0.75] 1.21 |
[130] 131 |
[16] 16.2 |
[5] 5.30 |
[2,078] 2,080 |
[90] 93.5 |
|
228 |
|
|
220 |
Acute |
[10,071] 10,100 |
[3.23] 3.74 |
[1,087] 1,090 |
[28] 28.2 |
151 |
[3,882] 3,880 |
912 |
[13] 12 |
328 |
|
Chronic |
[4,035] 4,030 |
[0.80] 1.30 |
141 |
[18] 17.6 |
[6] 5.87 |
[2,145] 2,140 |
101 |
|
248 |
|
|
300 |
Acute |
|
[4.21] 5.00 |
1,400 |
[38] 37.8 |
[210] 208 |
[4,305] 4,300 |
[1190]1,190 |
21 |
[435] 434 |
|
Chronic |
|
[1.00] 1.64 |
[180] 182 |
[23] 22.9 |
[8] 8.13 |
[2,379] 2,380 |
[130] 132 |
|
329 |
|
|
400 and above |
Acute |
|
[5.38] 6.54 |
1,770 |
[50] 49.6 |
[280] 281 |
[4,738] 4,740 |
[1510] 1,510 |
35 |
564 |
|
Chronic |
|
[1.22] 2.03 |
[230] 231 |
[29] 29.3 |
[11] 10.9 |
[2,618] 2,620 |
[170] 168 |
|
428 |
J. Use-specific numeric criteria.
(1) Table of numeric criteria: The following table sets forth the numeric criteria applicable to
existing, designated and attainable uses.
For metals, criteria represent the total sample fraction unless
otherwise specified in the table.
Additional criteria that are not compatible with this table are found in
Subsections A through I, K and L of this section.
|
Pollutant |
CAS Number |
DWS |
Irr/Irr
storage |
LW |
WH |
Aquatic Life |
Type |
||
|
Acute |
Chronic |
HH-OO |
|||||||
|
Aluminum, dissolved |
7429-90-5 |
|
5,000 |
|
|
750 i |
87 i |
|
|
|
Aluminum, total
recoverable |
7429-90-5 |
|
|
|
|
a |
a |
|
|
|
Antimony, dissolved |
7440-36-0 |
6 |
|
|
|
|
|
640 |
P |
|
Arsenic, dissolved |
7440-38-2 |
10 |
100 |
200 |
|
340 |
150 |
9.0 |
C,P |
|
Asbestos |
1332-21-4 |
7,000,000 fibers/L |
|
|
|
|
|
|
|
|
Barium, dissolved |
7440-39-3 |
2,000 |
|
|
|
|
|
|
|
|
Beryllium, dissolved |
7440-41-7 |
4 |
|
|
|
|
|
|
|
|
Boron, dissolved |
7440-42-8 |
|
750 |
5,000 |
|
|
|
|
|
|
Cadmium, dissolved |
7440-43-9 |
5 |
10 |
50 |
|
a |
a |
|
|
|
Chloride |
1688-70-06 |
|
|
|
|
860,000 |
230,000 |
|
|
|
Chlorine residual |
7782-50-5 |
|
|
|
11 |
19 |
11 |
|
|
|
Chromium III, dissolved |
16065-83-1 |
|
|
|
|
a |
a |
|
|
|
Chromium VI, dissolved |
18540-29-9 |
|
|
|
|
16 |
11 |
|
|
|
Chromium, dissolved |
7440-47-3 |
100 |
100 |
1,000 |
|
|
|
|
|
|
Cobalt, dissolved |
7440-48-4 |
|
50 |
1,000 |
|
|
|
|
|
|
Copper, dissolved |
7440-50-8 |
1300 |
200 |
500 |
|
a |
a |
|
|
|
Cyanide, total recoverable |
57-12-5 |
200 |
|
|
5.2 |
22.0 |
5.2 |
[140] 400 |
|
|
Iron |
7439-89-6 |
|
|
|
|
|
1,000 |
|
|
|
Lead, dissolved |
7439-92-1 |
15 |
5,000 |
100 |
|
a |
a |
|
|
|
Manganese, dissolved |
7439-96-5 |
|
|
|
|
a |
a |
|
|
|
Mercury |
7439-97-6 |
2 |
|
10 |
0.77 |
|
|
|
|
|
Mercury, dissolved |
7439-97-6 |
|
|
|
|
1.4 |
0.77 |
|
|
|
Methylmercury |
22967-92-6 |
|
|
|
|
|
|
0.3 mg/kg in fish tissue |
P |
|
Molybdenum, dissolved |
7439-98-7 |
|
1,000 |
|
|
|
|
|
|
|
Molybdenum, total recoverable |
7439-98-7 |
|
|
|
|
7,920 |
1,895 |
|
|
|
Nickel, dissolved |
7440-02-0 |
700 |
|
|
|
a |
a |
4,600 |
P |
|
Nitrate as N |
|
10 mg/L |
|
|
|
|
|
|
|
|
Nitrite + Nitrate |
|
|
|
132 mg/L |
|
|
|
|
|
|
Selenium, dissolved |
7782-49-2 |
50 |
b |
50 |
|
|
|
4,200 |
P |
|
Selenium, total recoverable |
7782-49-2 |
|
|
|
5.0 |
20.0 |
5.0 |
|
|
|
Silver, dissolved |
7440-22-4 |
|
|
|
|
a |
|
|
|
|
Thallium, dissolved |
7440-28-0 |
2 |
|
|
|
|
|
0.47 |
P |
|
Uranium, dissolved |
7440-61-1 |
30 |
|
|
|
|
|
|
|
|
Vanadium, dissolved |
7440-62-2 |
|
100 |
100 |
|
|
|
|
|
|
Zinc, dissolved |
7440-66-6 |
10,500 |
2,000 |
25,000 |
|
a |
a |
26,000 |
P |
|
Adjusted gross alpha |
|
15 pCi/L |
|
15 pCi/L |
|
|
|
|
|
|
Radium 226 + Radium 228 |
|
5 pCi/L |
|
30.0 pCi/L |
|
|
|
|
|
|
Strontium 90 |
|
8 pCi/L |
|
|
|
|
|
|
|
|
Tritium |
|
20,000 pCi/L |
|
20,000 pCi/L |
|
|
|
|
|
|
Acenaphthene |
83-32-9 |
2,100 |
|
|
|
|
|
[990] 90 |
|
|
Acrolein |
107-02-8 |
18 |
|
|
|
3.0 |
3.0 |
[9] 400 |
|
|
Acrylonitrile |
107-13-1 |
0.65 |
|
|
|
|
|
[2.5] 70 |
C |
|
Aldrin |
309-00-2 |
0.021 |
|
|
|
3.0 |
|
[0.00050] 0.0000077 |
C,P |
|
Anthracene |
120-12-7 |
10,500 |
|
|
|
|
|
[40,000] 400 |
|
|
Benzene |
71-43-2 |
5 |
|
|
|
|
|
[510] 160 |
C |
|
Benzidine |
92-87-5 |
0.0015 |
|
|
|
|
|
[0.0020] 0.11 |
C |
|
Benzo(a)anthracene |
56-55-3 |
0.048 |
|
|
|
|
|
[0.18] 0.013 |
C |
|
Benzo(a)pyrene |
50-32-8 |
0.2 |
|
|
|
|
|
[0.18] 0.0013 |
C,P |
|
Benzo(b)fluoranthene |
205-99-2 |
0.048 |
|
|
|
|
|
[0.18] 0.013 |
C |
|
Benzo(k)fluoranthene |
207-08-9 |
0.048 |
|
|
|
|
|
[0.18] 0.13 |
C |
|
alpha-BHC |
319-84-6 |
0.056 |
|
|
|
|
|
[0.049] 0.0039 |
C |
|
beta-BHC |
319-85-7 |
0.091 |
|
|
|
|
|
[0.17] 0.14 |
C |
|
[Gamma] gamma-BHC (Lindane) |
58-89-9 |
0.20 |
|
|
|
0.95 |
|
[1.8] 4.4 |
|
|
Bis(2-chloroethyl) ether |
111-44-4 |
0.30 |
|
|
|
|
|
[5.3] 22 |
C |
|
Bis([2-chloroisopropyl] 2-chloro-1-methylethyl) ether |
108-60-1 |
1,400 |
|
|
|
|
|
[65,000] 4,000 |
|
|
Bis(2-ethylhexyl) phthalate |
117-81-7 |
6 |
|
|
|
|
|
[22] 3.7 |
C |
|
Bis(chloromethyl) ether |
542-88-1 |
|
|
|
|
|
|
0.17 |
C |
|
75-25-2 |
44 |
|
|
|
|
|
[1,400] 1,200 |
C |
|
|
Butylbenzyl phthalate |
85-68-7 |
7,000 |
|
|
|
|
|
[1,900] 1 |
C |
|
Carbaryl |
63-25-2 |
|
|
|
|
2.1 |
2.1 |
|
|
|
Carbon tetrachloride |
56-23-5 |
5 |
|
|
|
|
|
[16] 50 |
C |
|
Chlordane |
57-74-9 |
2 |
|
|
|
2.4 |
0.0043 |
[0.0081] 0.0032 |
C,P |
|
Chlorobenzene |
108-90-7 |
100 |
|
|
|
|
|
[1,600] 800 |
|
|
Chlorodibromomethane |
124-48-1 |
4.2 |
|
|
|
|
|
[130] 210 |
C |
|
Chloroform |
67-66-3 |
57 |
|
|
|
|
|
[4,700] 2,000 |
[C] |
|
Chlorpyrifos |
2921-88-2 |
|
|
|
|
0.083 |
0.041 |
|
|
|
2-Chloronaphthalene |
91-58-7 |
2,800 |
|
|
|
|
|
[1,600] 1,000 |
|
|
2-Chlorophenol |
95-57-8 |
175 |
|
|
|
|
|
[150] 800 |
|
|
Chrysene |
218-01-9 |
0.048 |
|
|
|
|
|
[0.18] 1.3 |
C |
|
Demeton |
8065-48-3 |
|
|
|
|
|
0.1 |
|
|
|
Diazinon |
333-41-5 |
|
|
|
|
0.17 |
0.17 |
|
|
|
2,4-Dichlorophenoxyacetic acid |
94-75-7 |
|
|
|
|
|
|
12,000 |
|
|
Dichlorodiphenyldichloroethane (DDD) |
72-54-8 |
|
|
|
|
|
|
0.0012 |
C |
|
72-55-9 |
|
|
|
|
|
|
0.00018 |
C |
|
|
Dichlorodiphenyltrichloroethane (DDT) |
50-29-3 |
|
|
|
|
|
|
0.0003 |
C,P |
|
4,4'-DDT and derivatives |
|
1.0 |
|
|
0.001 |
1.1 |
0.001 |
[0.0022] |
[C,P] |
|
Dibenzo(a,h)anthracene |
53-70-3 |
0.048 |
|
|
|
|
|
[0.18] 0.0013 |
C |
|
Dibutyl phthalate |
84-74-2 |
3,500 |
|
|
|
|
|
[4,500] 30 |
|
|
1,2-Dichlorobenzene |
95-50-1 |
600 |
|
|
|
|
|
[1,300] 3,000 |
|
|
1,3-Dichlorobenzene |
541-73-1 |
469 |
|
|
|
|
|
[960] 10 |
|
|
1,4-Dichlorobenzene |
106-46-7 |
75 |
|
|
|
|
|
[190] 900 |
|
|
3,3'-Dichlorobenzidine |
91-94-1 |
0.78 |
|
|
|
|
|
[0.28] 1.5 |
C |
|
Dichlorobromomethane |
75-27-4 |
5.6 |
|
|
|
|
|
[170] 270 |
C |
|
1,2-Dichloroethane |
107-06-2 |
5 |
|
|
|
|
|
[370] 6,500 |
C |
|
1,1-Dichloroethylene |
75-35-4 |
7 |
|
|
|
|
|
[7,100] 20,000 |
[C] |
|
2,4-Dichlorophenol |
120-83-2 |
105 |
|
|
|
|
|
[290] 60 |
|
|
1,2-Dichloropropane |
78-87-5 |
5.0 |
|
|
|
|
|
[150] 310 |
C |
|
1,3-Dichloropropene |
542-75-6 |
3.5 |
|
|
|
|
|
[210] 120 |
C |
|
Dieldrin |
60-57-1 |
0.022 |
|
|
|
0.24 |
0.056 |
[0.00054] 0.000012 |
C,P |
|
Diethyl phthalate |
84-66-2 |
28,000 |
|
|
|
|
|
[44,000] 600 |
|
|
Dimethyl phthalate |
131-11-3 |
350,000 |
|
|
|
|
|
[1,100,000] 2,000 |
|
|
2,4-Dimethylphenol |
105-67-9 |
700 |
|
|
|
|
|
[850] 3,000 |
|
|
Dinitrophenols |
25550-58-7 |
|
|
|
|
|
|
1,000 |
|
|
2,4-Dinitrophenol |
51-28-5 |
70 |
|
|
|
|
|
[5,300] 300 |
|
|
2,4-Dinitrotoluene |
121-14-2 |
1.1 |
|
|
|
|
|
[34] 17 |
C |
|
Dioxin |
1746-01-6 |
3.0E-05 |
|
|
|
|
|
5.1E-08 |
C,P |
|
1,2-Diphenylhydrazine |
122-66-7 |
0.44 |
|
|
|
|
|
2.0 |
C |
|
alpha-Endosulfan |
959-98-8 |
62 |
|
|
|
0.22 |
0.056 |
[89] 30 |
|
|
beta-Endosulfan |
33213-65-9 |
62 |
|
|
|
0.22 |
0.056 |
[89] 40 |
|
|
Endosulfan sulfate |
1031-07-8 |
62 |
|
|
|
|
|
[89] 40 |
|
|
Endrin |
72-20-8 |
2 |
|
|
|
0.086 |
0.036 |
[0.060] 0.03 |
|
|
Endrin aldehyde |
7421-93-4 |
10.5 |
|
|
|
|
|
[0.30] 1 |
|
|
Ethylbenzene |
100-41-4 |
700 |
|
|
|
|
|
[2,100] 130 |
|
|
Fluoranthene |
206-44-0 |
1,400 |
|
|
|
|
|
[140] 20 |
|
|
Fluorene |
86-73-7 |
1,400 |
|
|
|
|
|
[5,300] 70 |
|
|
Guthion |
86-50-0 |
|
|
|
|
|
0.01 |
|
|
|
Heptachlor |
76-44-8 |
0.40 |
|
|
|
0.52 |
0.0038 |
[0.00079] 0.000059 |
C |
|
Heptachlor epoxide |
1024-57-3 |
0.20 |
|
|
|
0.52 |
0.0038 |
[0.00039] 0.00032 |
C |
|
Hexachlorobenzene |
118-74-1 |
1 |
|
|
|
|
|
[0.0029] 0.00079 |
C,P |
|
Hexachlorobutadiene |
87-68-3 |
4.5 |
|
|
|
|
|
[180] 0.1 |
C |
|
Hexachlorocyclohexane (HCH)-Technical |
608-73-1 |
|
|
|
|
|
|
0.1 |
C |
|
Hexachlorocyclopen-tadiene |
77-47-4 |
50 |
|
|
|
|
|
[1,100] 4 |
|
|
Hexachloroethane |
67-72-1 |
25 |
|
|
|
|
|
[33] 1 |
C |
|
Ideno(1,2,3-cd)pyrene |
193-39-5 |
0.048 |
|
|
|
|
|
[0.18] 0.013 |
C |
|
Isophorone |
78-59-1 |
368 |
|
|
|
|
|
[9,600] 18,000 |
C |
|
Malathion |
121-75-5 |
|
|
|
|
|
0.1 |
|
|
|
Methoxychlor |
72-43-5 |
|
|
|
|
|
0.03 |
0.02 |
|
|
Methyl bromide |
74-83-9 |
49 |
|
|
|
|
|
[1,500] 10,000 |
|
|
3-Methyl-4-chlorophenol |
59-50-7 |
|
|
|
|
|
|
2,000 |
|
|
2-Methyl-4,6-dinitrophenol |
534-52-1 |
14 |
|
|
|
|
|
[280] 30 |
|
|
Methylene chloride |
75-09-2 |
5 |
|
|
|
|
|
[5,900] 10,000 |
C |
|
Mirex |
2385-85-5 |
|
|
|
|
|
0.001 |
|
|
|
Nitrobenzene |
98-95-3 |
18 |
|
|
|
|
|
[690] 600 |
|
|
Nitrosamines |
Various |
|
|
|
|
|
|
12.4 |
C |
|
Nitrosodibutylamine |
924-16-3 |
|
|
|
|
|
|
2.2 |
C |
|
Nitrosodiethylamine |
55-18-5 |
|
|
|
|
|
|
12.4 |
C |
|
N-Nitrosodimethylamine |
62-75-9 |
0.0069 |
|
|
|
|
|
30 |
C |
|
N-Nitrosodi-n-propylamine |
621-64-7 |
0.050 |
|
|
|
|
|
5.1 |
C |
|
N-Nitrosodiphenylamine |
86-30-6 |
71 |
|
|
|
|
|
60 |
C |
|
N-Nitrosopyrrolidine |
930-55-2 |
|
|
|
|
|
|
340 |
C |
|
Nonylphenol |
84852-15-3 |
|
|
|
|
28 |
6.6 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Parathion |
56-38-2 |
|
|
|
|
0.065 |
0.013 |
|
|
|
[Polychlorinated Biphenyls (PCBs)] |
[1336-36-3] |
[0.50] |
|
|
[0.014] |
[2] |
[0.014] |
[0.00064] |
[C,P] |
|
Pentachlorobenzene |
608-93-5 |
|
|
|
|
|
|
0.1 |
|
|
Pentachlorophenol |
87-86-5 |
1.0 |
|
|
|
19 |
15 |
[30] 0.4 |
C |
|
Phenol |
108-95-2 |
10,500 |
|
|
|
|
|
[860,000] 300,000 |
|
|
Polychlorinated Biphenyls (PCBs) |
1336-36-3 |
0.50 |
|
|
0.014 |
2 |
0.014 |
0.00064 |
C,P |
|
Pyrene |
129-00-0 |
1,050 |
|
|
|
|
|
[4,000] 30 |
|
|
1,2,4,5-Tetrachlorobenzene |
95-94-3 |
|
|
|
|
|
|
0.03 |
|
|
1,1,2,2-Tetrachloroethane |
79-34-5 |
1.8 |
|
|
|
|
|
[40] 30 |
C |
|
Tetrachloroethylene |
127-18-4 |
5 |
|
|
|
|
|
[33] 290 |
C,P |
|
Toluene |
108-88-3 |
1,000 |
|
|
|
|
|
[15,000] 520 |
|
|
8001-35-2 |
3 |
|
|
|
0.73 |
0.0002 |
[0.0028] 0.0071 |
C |
|
|
1,2-Trans-dichloroethylene |
156-60-5 |
100 |
|
|
|
|
|
[10,000] 4,000 |
|
|
Tributyltin (TBT) |
Various |
|
|
|
|
0.46 |
0.072 |
|
|
|
1,2,4-Trichlorobenzene |
120-82-1 |
70 |
|
|
|
|
|
[70] 0.76 |
C |
|
1,1,1-Trichloroethane |
71-55-6 |
200 |
|
|
|
|
|
200,000 |
|
|
1,1,2-Trichloroethane |
79-00-5 |
5 |
|
|
|
|
|
[160] 89 |
C |
|
Trichloroethylene |
79-01-6 |
5 |
|
|
|
|
|
[300] 70 |
C |
|
2,4,5-Trichlorophenol |
95-95-4 |
|
|
|
|
|
|
600 |
|
|
2,4,6-Trichlorophenol |
88-06-2 |
32 |
|
|
|
|
|
[24] 28 |
C |
|
2-(2,4,5-Trichlorophenoxy)propionic acid (Silvex) |
93-72-1 |
|
|
|
|
|
|
400 |
|
|
Vinyl chloride |
75-01-4 |
2 |
|
|
|
|
|
[24] 16 |
C |
(2) Notes applicable to the table of numeric criteria in
Paragraph (1) of this subsection.
(a) Where the letter “a” is indicated in a cell, the criterion
is hardness-based and can be referenced in Subsection I of 20.6.4.900 NMAC.
(b) Where
the letter “b” is indicated in a cell, the criterion can be referenced in
Subsection C of 20.6.4.900 NMAC.
(c) Criteria
are in µg/L unless otherwise indicated.
(d) Abbreviations
are as follows:
(e) The criteria are based on analysis of
an unfiltered sample unless otherwise indicated. The acute and chronic aquatic life criteria
for aluminum are based on analysis of total recoverable aluminum in a sample
that is filtered to minimize mineral phases as specified by the department.
(f) The criteria listed under human health-organism
only (HH-OO) are intended to protect human health when aquatic organisms are
consumed from waters containing pollutants.
These criteria do not protect the aquatic life itself; rather, they
protect the health of humans who ingest fish or other aquatic organisms.
(g) The dioxin criteria apply to the sum
of the dioxin toxicity equivalents expressed as 2,3,7,8-TCDD dioxin.
(h) The criteria for polychlorinated
biphenyls (PCBs) apply to the sum of all congeners, to the sum of all homologs
or to the sum of all aroclors.
(i) The acute and chronic aquatic life
criteria for dissolved aluminum only apply when the concurrent pH is less than
6.5 or greater than 9.0 S.U. If the
concurrent pH is between 6.5 and 9.0 S.U. then the hardness-dependent total
recoverable aluminum criteria in Paragraphs (1) and (2) of Subsection I of
20.6.4.900 NMAC apply.
[K. Acute
aquatic life criteria for total ammonia are dependent on pH and the presence or
absence of salmonids. The criteria in mg/L as N based on analysis of unfiltered
samples are as follows:
|
|
|
|
|
6.5 and below |
32.6 |
48.8 |
|
6.6 |
31.3 |
46.8 |
|
6.7 |
29.8 |
44.6 |
|
6.8 |
28.1 |
42.0 |
|
6.9 |
26.2 |
39.1 |
|
7.0 |
24.1 |
36.1 |
|
7.1 |
22.0 |
32.8 |
|
7.2 |
19.7 |
29.5 |
|
7.3 |
17.5 |
26.2 |
|
7.4 |
15.4 |
23.0 |
|
7.5 |
13.3 |
19.9 |
|
7.6 |
11.4 |
17.0 |
|
7.7 |
9.65 |
14.4 |
|
7.8 |
8.11 |
12.1 |
|
7.9 |
6.77 |
10.1 |
|
8.0 |
5.62 |
8.40 |
|
8.1 |
4.64 |
6.95 |
|
8.2 |
3.83 |
5.72 |
|
8.3 |
3.15 |
4.71 |
|
8.4 |
2.59 |
3.88 |
|
8.5 |
2.14 |
3.20 |
|
8.6 |
1.77 |
2.65 |
|
8.7 |
1.47 |
2.20 |
|
8.8 |
1.23 |
1.84 |
|
8.9 |
1.04 |
1.56 |
|
9.0 and above |
0.885 |
1.32 |
L. Chronic
aquatic life criteria for total ammonia are dependent on pH, temperature and
whether fish in early life stages are present or absent. The criteria are based on analysis of
unfiltered samples and are calculated according to the equations in Paragraphs
(1) and (2) of this subsection. For
temperatures from below 0 to 14°C, the criteria for 14°C apply; for
temperatures above 30°C, the criteria for 30°C apply. For pH values below 6.5, the criteria for 6.5
apply; for pH values above 9.0, the criteria for 9.0 apply.
(1) Chronic aquatic life criteria for total
ammonia when fish early life stages are present:
(a) The
equation to calculate chronic criteria in mg/L as N is:
((0.0577/(1
+ 107.688-pH)) + (2.487/(1 + 10pH-7.688)) x MIN (2.85,
1.45 x 100.028
x (25-T))
(b) Selected
values of calculated chronic criteria in mg/L as N:
|
|
|
|||||||||
|
14 and below |
15 |
16 |
18 |
20 |
22 |
24 |
26 |
28 |
30 and above |
|
|
6.5 and below |
6.67 |
6.46 |
6.06 |
5.33 |
4.68 |
4.12 |
3.62 |
3.18 |
2.80 |
2.46 |
|
6.6 |
6.57 |
6.36 |
5.97 |
5.25 |
4.61 |
4.05 |
3.56 |
3.13 |
2.75 |
2.42 |
|
6.7 |
6.44 |
6.25 |
5.86 |
5.15 |
4.52 |
3.98 |
3.50 |
3.07 |
2.70 |
2.37 |
|
6.8 |
6.29 |
6.10 |
5.72 |
5.03 |
4.42 |
3.89 |
3.42 |
3.00 |
2.64 |
2.32 |
|
6.9 |
6.12 |
5.93 |
5.56 |
4.89 |
4.30 |
3.78 |
3.32 |
2.92 |
2.57 |
2.25 |
|
7.0 |
5.91 |
5.73 |
5.37 |
4.72 |
4.15 |
3.65 |
3.21 |
2.82 |
2.48 |
2.18 |
|
7.1 |
5.67 |
5.49 |
5.15 |
4.53 |
3.98 |
3.50 |
3.08 |
2.70 |
2.38 |
2.09 |
|
7.2 |
5.39 |
5.22 |
4.90 |
4.31 |
3.78 |
3.33 |
2.92 |
2.57 |
2.26 |
1.99 |
|
7.3 |
5.08 |
4.92 |
4.61 |
4.06 |
3.57 |
3.13 |
2.76 |
2.42 |
2.13 |
1.87 |
|
7.4 |
4.73 |
4.59 |
4.30 |
3.78 |
3.32 |
2.92 |
2.57 |
2.26 |
1.98 |
1.74 |
|
7.5 |
4.36 |
4.23 |
3.97 |
3.49 |
3.06 |
2.69 |
2.37 |
2.08 |
1.83 |
1.61 |
|
7.6 |
3.98 |
3.85 |
3.61 |
3.18 |
2.79 |
2.45 |
2.16 |
1.90 |
1.67 |
1.47 |
|
7.7 |
3.58 |
3.47 |
3.25 |
2.86 |
2.51 |
2.21 |
1.94 |
1.71 |
1.50 |
1.32 |
|
7.8 |
3.18 |
3.09 |
2.89 |
2.54 |
2.23 |
1.96 |
1.73 |
1.52 |
1.33 |
1.17 |
|
7.9 |
2.80 |
2.71 |
2.54 |
2.24 |
1.96 |
1.73 |
1.52 |
1.33 |
1.17 |
1.03 |
|
8.0 |
2.43 |
2.36 |
2.21 |
1.94 |
1.71 |
1.50 |
1.32 |
1.16 |
1.02 |
0.897 |
|
8.1 |
2.10 |
2.03 |
1.91 |
1.68 |
1.47 |
1.29 |
1.14 |
1.00 |
0.879 |
0.773 |
|
8.2 |
1.79 |
1.74 |
1.63 |
1.43 |
1.26 |
1.11 |
0.973 |
0.855 |
0.752 |
0.661 |
|
8.3 |
1.52 |
1.48 |
1.39 |
1.22 |
1.07 |
0.941 |
0.827 |
0.727 |
0.639 |
0.562 |
|
8.4 |
1.29 |
1.25 |
1.17 |
1.03 |
0.906 |
0.796 |
0.700 |
0.615 |
0.541 |
0.475 |
|
8.5 |
1.09 |
1.06 |
0.990 |
0.870 |
0.765 |
0.672 |
0.591 |
0.520 |
0.457 |
0.401 |
|
8.6 |
0.920 |
0.892 |
0.836 |
0.735 |
0.646 |
0.568 |
0.499 |
0.439 |
0.386 |
0.339 |
|
8.7 |
0.778 |
0.754 |
0.707 |
0.622 |
0.547 |
0.480 |
0.422 |
0.371 |
0.326 |
0.287 |
|
8.8 |
0.661 |
0.641 |
0.601 |
0.528 |
0.464 |
0.408 |
0.359 |
0.315 |
0.277 |
0.244 |
|
8.9 |
0.565 |
0.548 |
0.513 |
0.451 |
0.397 |
0.349 |
0.306 |
0.269 |
0.237 |
0.208 |
|
9.0 and above |
0.486 |
0.471 |
0.442 |
0.389 |
0.342 |
0.300 |
0.264 |
0.232 |
0.204 |
0.179 |
(2) Chronic aquatic life criteria for total ammonia
when fish early life stages are absent.
(a) The
equation to calculate chronic criteria in mg/L as N is:
((0.0577/(1 + 107.688-pH)) + (2.487/(1 + 10pH-7.688)) x 1.45 x 100.028 x (25-MAX(T,7))
(b) Selected
values of calculated chronic criteria in mg/L as N:
|
|
|
||||||||||
|
7 and below |
8 |
9 |
10 |
11 |
12 |
13 |
14 |
15 and above |
|||
|
6.5 and below |
10.8 |
10.1 |
9.51 |
8.92 |
8.36 |
7.84 |
7.35 |
6.89 |
6.46 |
||
|
6.6 |
10.7 |
9.99 |
9.37 |
8.79 |
8.24 |
7.72 |
7.24 |
6.79 |
6.36 |
||
|
6.7 |
10.5 |
9.81 |
9.20 |
8.62 |
8.08 |
7.58 |
7.11 |
6.66 |
6.25 |
||
|
6.8 |
10.2 |
9.58 |
8.98 |
8.42 |
7.90 |
7.40 |
6.94 |
6.51 |
6.10 |
||
|
6.9 |
9.93 |
9.31 |
8.73 |
8.19 |
7.68 |
7.20 |
6.75 |
6.33 |
5.93 |
||
|
7.0 |
9.60 |
9.00 |
8.43 |
7.91 |
7.41 |
6.95 |
6.52 |
6.11 |
5.73 |
||
|
7.1 |
9.20 |
8.63 |
8.09 |
7.58 |
7.11 |
6.67 |
6.25 |
5.86 |
5.49 |
||
|
7.2 |
8.75 |
8.20 |
7.69 |
7.21 |
6.76 |
6.34 |
5.94 |
5.57 |
5.22 |
||
|
7.3 |
8.24 |
7.73 |
7.25 |
6.79 |
6.37 |
5.97 |
5.60 |
5.25 |
4.92 |
||
|
7.4 |
7.69 |
7.21 |
6.76 |
6.33 |
5.94 |
5.57 |
5.22 |
4.89 |
4.59 |
||
|
7.5 |
7.09 |
6.64 |
6.23 |
5.84 |
5.48 |
5.13 |
4.81 |
4.51 |
4.23 |
||
|
7.6 |
6.46 |
6.05 |
5.67 |
5.32 |
4.99 |
4.68 |
4.38 |
4.11 |
3.85 |
||
|
7.7 |
5.81 |
5.45 |
5.11 |
4.79 |
4.49 |
4.21 |
3.95 |
3.70 |
3.47 |
||
|
7.8 |
5.17 |
4.84 |
4.54 |
4.26 |
3.99 |
3.74 |
3.51 |
3.29 |
3.09 |
||
|
7.9 |
4.54 |
4.26 |
3.99 |
3.74 |
3.51 |
3.29 |
3.09 |
2.89 |
2.71 |
||
|
8.0 |
3.95 |
3.70 |
3.47 |
3.26 |
3.05 |
2.86 |
2.68 |
2.52 |
2.36 |
||
|
8.1 |
3.41 |
3.19 |
2.99 |
2.81 |
2.63 |
2.47 |
2.31 |
2.17 |
2.03 |
||
|
8.2 |
2.91 |
2.73 |
2.56 |
2.40 |
2.25 |
2.11 |
1.98 |
1.85 |
1.74 |
||
|
8.3 |
2.47 |
2.32 |
2.18 |
2.04 |
1.91 |
1.79 |
1.68 |
1.58 |
1.48 |
||
|
8.4 |
2.09 |
1.96 |
1.84 |
1.73 |
1.62 |
1.52 |
1.42 |
1.33 |
1.25 |
||
|
8.5 |
1.77 |
1.66 |
1.55 |
1.46 |
1.37 |
1.28 |
1.20 |
1.13 |
1.06 |
||
|
8.6 |
1.49 |
1.40 |
1.31 |
1.23 |
1.15 |
1.08 |
1.01 |
0.951 |
0.892 |
||
|
8.7 |
1.26 |
1.18 |
1.11 |
1.04 |
0.976 |
0.915 |
0.858 |
0.805 |
0.754 |
||
|
8.8 |
1.07 |
1.01 |
0.944 |
0.855 |
0.829 |
0.778 |
0.729 |
0.684 |
0.641 |
||
|
8.9 |
0.917 |
0.860 |
0.806 |
0.756 |
0.709 |
0.664 |
0.623 |
0.584 |
0.548 |
||
|
9.0 and above |
0.790 |
0.740 |
0.694 |
0.651 |
0.610 |
0.572 |
0.536 |
0.503 |
0.471 |
||
|
At 15ºC and above, the criterion for fish early life stages absent is the same as the criterion for fish early life stages present (refer to table in Paragraph (1) of this subsection).] |
|||||||||||
K. The criteria for total ammonia
consider sensitive freshwater mussel species in the family Unionidae,
freshwater non-pulmonate snails, and Oncorhynchus spp. (a genus of fish in the family Salmonidae), hence further protecting the aquatic
community. The total ammonia criteria
magnitude is measured as Total Ammonia Nitrogen (TAN) mg/L. TAN is the sum of
L. The acute aquatic
life criteria for TAN (mg/L) was derived by the EPA (2013) as the one-hour
average concentration of TAN mg/L that shall not be exceeded more than once
every three years on average. The EPA
acute criterion magnitude was derived using the following equation:
|
Acute
TAN Criterion Magnitude for 1-hour average= MIN T (temperature C ) and pH are defined as the paired values associated with
the TAN sample. |
|
Temperature
(°C) |
||||||||||||||||||||||
|
pH |
0-10 |
11 |
12 |
13 |
14 |
15 |
16 |
17 |
18 |
19 |
20 |
21 |
22 |
23 |
24 |
25 |
26 |
27 |
28 |
29 |
30 |
|
|
6.5 |
51 |
48 |
44 |
41 |
37 |
34 |
32 |
29 |
27 |
25 |
23 |
21 |
19 |
18 |
16 |
15 |
14 |
13 |
12 |
11 |
9.9 |
|
|
6.6 |
49 |
46 |
42 |
39 |
36 |
33 |
30 |
28 |
26 |
24 |
22 |
20 |
18 |
17 |
16 |
14 |
13 |
12 |
11 |
10 |
9.5 |
|
|
6.7 |
46 |
44 |
40 |
37 |
34 |
31 |
29 |
27 |
24 |
22 |
21 |
19 |
18 |
16 |
15 |
14 |
13 |
12 |
11 |
9.8 |
9 |
|
|
6.8 |
44 |
41 |
38 |
35 |
32 |
30 |
27 |
25 |
23 |
21 |
20 |
18 |
17 |
15 |
14 |
13 |
12 |
11 |
10 |
9.2 |
8.5 |
|
|
6.9 |
41 |
38 |
35 |
32 |
30 |
28 |
25 |
23 |
21 |
20 |
18 |
17 |
15 |
14 |
13 |
12 |
11 |
10 |
9.4 |
8.6 |
7.9 |
|
|
7.0 |
38 |
35 |
33 |
30 |
28 |
25 |
23 |
21 |
20 |
18 |
17 |
15 |
14 |
13 |
12 |
11 |
10 |
9.4 |
8.6 |
7.9 |
7.3 |
|
|
7.1 |
34 |
32 |
30 |
27 |
25 |
23 |
21 |
20 |
18 |
17 |
15 |
14 |
13 |
12 |
11 |
10 |
9.3 |
8.5 |
7.9 |
7.2 |
6.7 |
|
|
7.2 |
31 |
29 |
27 |
25 |
23 |
21 |
19 |
18 |
16 |
15 |
14 |
13 |
12 |
11 |
9.8 |
9.1 |
8.3 |
7.7 |
7.1 |
6.5 |
6 |
|
|
7.3 |
27 |
26 |
24 |
22 |
20 |
18 |
17 |
16 |
14 |
13 |
12 |
11 |
10 |
9.5 |
8.7 |
8 |
7.4 |
6.8 |
6.3 |
5.8 |
5.3 |
|
|
7.4 |
24 |
22 |
21 |
19 |
18 |
16 |
15 |
14 |
13 |
12 |
11 |
9.8 |
9 |
8.3 |
7.7 |
7 |
6.5 |
6 |
5.5 |
5.1 |
4.7 |
|
|
7.5 |
21 |
19 |
18 |
17 |
15 |
14 |
13 |
12 |
11 |
10 |
9.2 |
8.5 |
7.8 |
7.2 |
6.6 |
6.1 |
5.6 |
5.2 |
4.8 |
4.4 |
4 |
|
|
7.6 |
18 |
17 |
15 |
14 |
13 |
12 |
11 |
10 |
9.3 |
8.6 |
7.9 |
7.3 |
6.7 |
6.2 |
5.7 |
5.2 |
4.8 |
4.4 |
4.1 |
3.8 |
3.5 |
|
|
7.7 |
15 |
14 |
13 |
12 |
11 |
10 |
9.3 |
8.6 |
7.9 |
7.3 |
6.7 |
6.2 |
5.7 |
5.2 |
4.8 |
4.4 |
4.1 |
3.8 |
3.5 |
3.2 |
2.9 |
|
|
7.8 |
13 |
12 |
11 |
10 |
9.3 |
8.5 |
7.9 |
7.2 |
6.7 |
6.1 |
5.6 |
5.2 |
4.8 |
4.4 |
4 |
3.7 |
3.4 |
3.2 |
2.9 |
2.7 |
2.5 |
|
|
7.9 |
11 |
9.9 |
9.1 |
8.4 |
7.7 |
7.1 |
6.6 |
3 |
5.6 |
5.1 |
4.7 |
4.3 |
4 |
3.7 |
3.4 |
3.1 |
2.9 |
2.6 |
2.4 |
2.2 |
2.1 |
|
|
8.0 |
8.8 |
8.2 |
7.6 |
7 |
6.4 |
5.9 |
5.4 |
5 |
4.6 |
4.2 |
3.9 |
3.6 |
3.3 |
3 |
2.8 |
2.6 |
2.4 |
2.2 |
2 |
1.9 |
1.7 |
|
|
8.1 |
7.2 |
6.8 |
6.3 |
5.8 |
5.3 |
4.9 |
4.5 |
4.1 |
3.8 |
3.5 |
3.2 |
3 |
2.7 |
2.5 |
2.3 |
2.1 |
2 |
1.8 |
1.7 |
1.5 |
1.4 |
|
|
8.2 |
6 |
5.6 |
5.2 |
4.8 |
4.4 |
4 |
3.7 |
3.4 |
3.1 |
2.9 |
2.7 |
2.4 |
2.3 |
2.1 |
1.9 |
1.8 |
1.6 |
1.5 |
1.4 |
1.3 |
1.2 |
|
|
8.3 |
4.9 |
4.6 |
4.3 |
3.9 |
3.6 |
3.3 |
3.1 |
2.8 |
2.6 |
2.4 |
2.2 |
2 |
1.9 |
1.7 |
1.6 |
1.4 |
1.3 |
1.2 |
1.1 |
1 |
0.96 |
|
|
8.4 |
4.1 |
3.8 |
3.5 |
3.2 |
3 |
2.7 |
2.5 |
2.3 |
2.1 |
2 |
1.8 |
1.7 |
1.5 |
1.4 |
1.3 |
1.2 |
1.1 |
1 |
0.93 |
0.86 |
0.79 |
|
|
8.5 |
3.3 |
3.1 |
2.9 |
2.7 |
2.4 |
2.3 |
2.1 |
1.9 |
1.8 |
1.6 |
1.5 |
1.4 |
1.3 |
1.2 |
1.1 |
0.98 |
0.9 |
0.83 |
0.77 |
0.71 |
0.65 |
|
|
8.6 |
2.8 |
2.6 |
2.4 |
2.2 |
2 |
1.9 |
1.7 |
1.6 |
1.5 |
1.3 |
1.2 |
1.1 |
1 |
0.96 |
0.88 |
0.81 |
0.75 |
0.69 |
0.63 |
0.58 |
0.54 |
|
|
8.7 |
2.3 |
2.2 |
2 |
1.8 |
1.7 |
1.6 |
1.4 |
1.3 |
1.2 |
1.1 |
1 |
0.94 |
0.87 |
0.8 |
0.74 |
0.68 |
0.62 |
0.57 |
0.53 |
0.49 |
0.45 |
|
|
8.8 |
1.9 |
1.8 |
1.7 |
1.5 |
1.4 |
1.3 |
1.2 |
1.1 |
1 |
0.93 |
0.86 |
0.79 |
0.73 |
0.67 |
0.62 |
0.57 |
0.52 |
0.48 |
0.44 |
0.41 |
0.37 |
|
|
8.9 |
1.6 |
1.5 |
1.4 |
1.3 |
1.2 |
1.1 |
1 |
0.93 |
0.85 |
0.79 |
0.72 |
0.67 |
0.61 |
0.56 |
0.52 |
0.48 |
0.44 |
0.4 |
0.37 |
0.34 |
0.32 |
|
|
9.0 |
1.4 |
1.3 |
1.2 |
1.1 |
1 |
0.93 |
0.86 |
0.79 |
0.73 |
0.67 |
0.62 |
0.57 |
0.52 |
0.48 |
0.44 |
0.41 |
0.37 |
0.34 |
0.32 |
0.29 |
0.27 |
|
(1) Temperature and pH-dependent values
of the acute TAN criterion magnitude -when Oncorhynchus spp. absent.
(2) Temperature and pH-dependent values for the acute TAN criterion magnitude- when Oncorhynchus spp. are present.
|
Temperature (°C) |
|||||||||||||||||
|
pH |
0-14 |
15 |
16 |
17 |
18 |
19 |
20 |
21 |
22 |
23 |
24 |
25 |
26 |
27 |
28 |
29 |
30 |
|
6.5 |
33 |
33 |
32 |
29 |
27 |
25 |
23 |
21 |
19 |
18 |
16 |
15 |
14 |
13 |
12 |
11 |
9.9 |
|
6.6 |
31 |
31 |
30 |
28 |
26 |
24 |
22 |
20 |
18 |
17 |
16 |
14 |
13 |
12 |
11 |
10 |
9.5 |
|
6.7 |
30 |
30 |
29 |
27 |
24 |
22 |
21 |
19 |
18 |
16 |
15 |
14 |
13 |
12 |
11 |
9.8 |
9 |
|
6.8 |
28 |
28 |
27 |
25 |
23 |
21 |
20 |
18 |
17 |
15 |
14 |
13 |
12 |
11 |
10 |
9.2 |
8.5 |
|
6.9 |
26 |
26 |
25 |
23 |
21 |
20 |
18 |
17 |
15 |
14 |
13 |
12 |
11 |
10 |
9.4 |
8.6 |
7.9 |
|
7.0 |
24 |
24 |
23 |
21 |
20 |
18 |
17 |
15 |
14 |
13 |
12 |
11 |
10 |
9.4 |
8.6 |
8 |
7.3 |
|
7.1 |
22 |
22 |
21 |
20 |
18 |
17 |
15 |
14 |
13 |
12 |
11 |
10 |
9.3 |
8.5 |
7.9 |
7.2 |
6.7 |
|
7.2 |
20 |
20 |
19 |
18 |
16 |
15 |
14 |
13 |
12 |
11 |
9.8 |
9.1 |
8.3 |
7.7 |
7.1 |
6.5 |
6 |
|
7.3 |
18 |
18 |
17 |
16 |
14 |
13 |
12 |
11 |
10 |
9.5 |
8.7 |
8 |
7.4 |
6.8 |
6.3 |
5.8 |
5.3 |
|
7.4 |
15 |
15 |
15 |
14 |
13 |
12 |
11 |
9.8 |
9 |
8.3 |
7.7 |
7 |
6.5 |
6 |
5.5 |
5.1 |
4.7 |
|
7.5 |
13 |
13 |
13 |
12 |
11 |
10 |
9.2 |
8.5 |
7.8 |
7.2 |
6.6 |
6.1 |
5.6 |
5.2 |
4.8 |
4.4 |
4 |
|
7.6 |
11 |
11 |
11 |
10 |
9.3 |
8.6 |
7.9 |
7.3 |
6.7 |
6.2 |
5.7 |
5.2 |
4.8 |
4.4 |
4.1 |
3.8 |
3.5 |
|
7.7 |
9.6 |
9.6 |
9.3 |
8.6 |
7.9 |
7.3 |
6.7 |
6.2 |
5.7 |
5.2 |
4.8 |
4.4 |
4.1 |
3.8 |
3.5 |
3.2 |
3 |
|
7.8 |
8.1 |
8.1 |
7.9 |
7.2 |
6.7 |
6.1 |
5.6 |
5.2 |
4.8 |
4.4 |
4 |
3.7 |
3.4 |
3.2 |
2.9 |
2.7 |
2.5 |
|
7.9 |
6.8 |
6.8 |
6.6 |
6 |
5.6 |
5.1 |
4.7 |
4.3 |
4 |
3.7 |
3.4 |
3.1 |
2.9 |
2.6 |
2.4 |
2.2 |
2.1 |
|
8.0 |
5.6 |
5.6 |
5.4 |
5 |
4.6 |
4.2 |
3.9 |
3.6 |
3.3 |
3 |
2.8 |
2.6 |
2.4 |
2.2 |
2 |
1.9 |
1.7 |
|
8.1 |
4.6 |
4.6 |
4.5 |
4.1 |
3.8 |
3.5 |
3.2 |
3 |
2.7 |
2.5 |
2.3 |
2.1 |
2 |
1.8 |
1.7 |
1.5 |
1.4 |
|
8.2 |
3.8 |
3.8 |
3.7 |
3.5 |
3.1 |
2.9 |
2.7 |
2.4 |
2.3 |
2.1 |
1.9 |
1.8 |
1.6 |
1.5 |
1.4 |
1.3 |
1.2 |
|
8.3 |
3.1 |
3.1 |
3.1 |
2.8 |
2.6 |
2.4 |
2.2 |
2 |
1.9 |
1.7 |
1.6 |
1.4 |
1.3 |
1.2 |
1.1 |
1 |
1 |
|
8.4 |
2.6 |
2.6 |
2.5 |
2.3 |
2.1 |
2 |
1.8 |
1.7 |
1.5 |
1.4 |
1.3 |
1.2 |
1.1 |
1 |
0.9 |
0.9 |
0.8 |
|
8.5 |
2.1 |
2.1 |
2.1 |
1.9 |
1.8 |
1.6 |
1.5 |
1.4 |
1.3 |
1.2 |
1.1 |
1 |
0.9 |
0.8 |
0.8 |
0.7 |
0.7 |
|
8.6 |
1.8 |
1.8 |
1.7 |
1.6 |
1.5 |
1.3 |
1.2 |
1.1 |
1 |
1 |
0.9 |
0.8 |
0.8 |
0.7 |
0.6 |
0.6 |
0.5 |
|
8.7 |
1.5 |
1.5 |
1.4 |
1.3 |
1.2 |
1.1 |
1 |
0.9 |
0.9 |
0.8 |
0.7 |
0.7 |
0.6 |
0.6 |
0.5 |
0.5 |
0.5 |
|
8.8 |
1.2 |
1.2 |
1.2 |
1.1 |
1 |
0.9 |
0.9 |
0.8 |
0.7 |
0.7 |
0.6 |
0.6 |
0.5 |
0.5 |
0.4 |
0.4 |
0.4 |
|
8.9 |
1 |
1 |
1 |
0.9 |
0.9 |
0.8 |
0.7 |
0.7 |
0.6 |
0.6 |
0.5 |
0.5 |
0.4 |
0.4 |
0.4 |
0.3 |
0.3 |
|
9.0 |
0.88 |
0.9 |
0.9 |
0.8 |
0.7 |
0.7 |
0.6 |
0.6 |
0.5 |
0.5 |
0.4 |
0.4 |
0.4 |
0.3 |
0.3 |
0.3 |
0.3 |
M. The chronic aquatic life criteria for
TAN (mg/L) was derived by the EPA (2013) as a thirty-day rolling average
concentration of TAN mg/L that shall not be exceeded more than once every three
years on average. In addition, the highest four-day average within the 30-day
averaging period should not be more than 2.5 times the CCC (e.g., 2.5 x 1.9 mg
TAN/L at pH 7 and 20°C, or 4.8 mg TAN/L) more than once in three years on
average. The EPA chronic criterion magnitude was derived using the following
equation:
|
Chronic
TAN Criterion Magnitude for 30-day average= T (temperature °C ) and pH are defined as the paired values
associated with the TAN sample. |
Temperature and pH-Dependent Values of the Chronic TAN Criterion Magnitude.
|
Temperature (°C) |
|||||||||||||||||||||||||
|
pH |
0-7 |
8 |
9 |
10 |
11 |
12 |
13 |
14 |
15 |
16 |
17 |
18 |
19 |
20 |
21 |
22 |
23 |
24 |
25 |
26 |
27 |
28 |
29 |
30 |
|
|
6.5 |
4.9 |
4.6 |
4.3 |
4.1 |
3.8 |
3.6 |
3.3 |
3.1 |
2.9 |
2.8 |
2.6 |
2.4 |
2.3 |
2.1 |
2 |
1.9 |
1.8 |
1.6 |
1.5 |
1.5 |
1.4 |
1.3 |
1.2 |
1.1 |
|
|
6.6 |
4.8 |
4.5 |
4.3 |
4 |
3.8 |
3.5 |
3.3 |
3.1 |
2.9 |
2.7 |
2.5 |
2.4 |
2.2 |
2.1 |
2 |
1.8 |
1.7 |
1.6 |
1.5 |
1.4 |
1.3 |
1.3 |
1.2 |
1.1 |
|
|
6.7 |
4.8 |
4.5 |
4.2 |
3.9 |
3.7 |
3.5 |
3.2 |
3 |
2.8 |
2.7 |
2.5 |
2.3 |
2.2 |
2.1 |
1.9 |
1.8 |
1.7 |
1.6 |
1.5 |
1.4 |
1.3 |
1.2 |
1.2 |
1.1 |
|
|
6.8 |
4.6 |
4.4 |
4.1 |
3.8 |
3.6 |
3.4 |
3.2 |
3 |
2.8 |
2.6 |
2.4 |
2.3 |
2.1 |
2 |
1.9 |
1.8 |
1.7 |
1.6 |
1.5 |
1.4 |
1.3 |
1.2 |
1.1 |
1.1 |
|
|
6.9 |
4.5 |
4.2 |
4 |
3.7 |
3.5 |
3.3 |
3.1 |
2.9 |
2.7 |
2.5 |
2.4 |
2.2 |
2.1 |
2 |
1.8 |
1.7 |
1.6 |
1.5 |
1.4 |
1.3 |
1.2 |
1.2 |
1.1 |
1 |
|
|
7.0 |
4.4 |
4.1 |
3.8 |
3.6 |
3.4 |
3.2 |
3 |
2.8 |
2.6 |
2.4 |
2.3 |
2.2 |
2 |
1.9 |
1.8 |
1.7 |
1.6 |
1.5 |
1.4 |
1.3 |
1.2 |
1.1 |
1.1 |
1 |
|
|
7.1 |
4.2 |
3.9 |
3.7 |
3.5 |
3.2 |
3 |
2.8 |
2.7 |
2.5 |
2.3 |
2.2 |
2.1 |
1.9 |
1.8 |
1.7 |
1.6 |
1.5 |
1.4 |
1.3 |
1.2 |
1.2 |
1.1 |
1 |
1 |
|
|
7.2 |
4 |
3.7 |
3.5 |
3.3 |
3.1 |
2.9 |
2.7 |
2.5 |
2.4 |
2.2 |
2.1 |
2 |
1.8 |
1.7 |
1.6 |
1.5 |
1.4 |
1.3 |
1.3 |
1.2 |
1.1 |
1 |
1 |
0.9 |
|
|
7.3 |
3.8 |
3.5 |
3.3 |
3.1 |
2.9 |
2.7 |
2.6 |
2.4 |
2.2 |
2.1 |
2 |
1.8 |
1.7 |
1.6 |
1.5 |
1.4 |
1.3 |
1.3 |
1.2 |
1.1 |
1 |
1 |
0.9 |
0.9 |
|
|
7.4 |
3.5 |
3.3 |
3.1 |
2.9 |
2.7 |
2.5 |
2.4 |
2.2 |
2.1 |
2 |
1.8 |
1.7 |
1.6 |
1.5 |
1.4 |
1.3 |
1.3 |
1.2 |
1.1 |
1 |
1 |
0.9 |
0.9 |
0.8 |
|
|
7.5 |
3.2 |
3 |
2.8 |
2.7 |
2.5 |
2.3 |
2.2 |
2.1 |
1.9 |
1.8 |
1.7 |
1.6 |
1.5 |
1.4 |
1.3 |
1.2 |
1.2 |
1.1 |
1 |
1 |
0.9 |
0.8 |
0.8 |
0.7 |
|
|
7.6 |
2.9 |
2.8 |
2.6 |
2.4 |
2.3 |
2.1 |
2 |
1.9 |
1.8 |
1.6 |
1.5 |
1.4 |
1.4 |
1.3 |
1.2 |
1.1 |
1.1 |
1 |
0.9 |
0.9 |
0.8 |
0.8 |
0.7 |
0.7 |
|
|
7.7 |
2.6 |
2.4 |
2.3 |
2.2 |
2 |
1.9 |
1.8 |
1.7 |
1.6 |
1.5 |
1.4 |
1.3 |
1.2 |
1.1 |
1.1 |
1 |
0.9 |
0.9 |
0.8 |
0.8 |
0.7 |
0.7 |
0.6 |
0.6 |
|
|
7.8 |
2.3 |
2.2 |
2.1 |
1.9 |
1.8 |
1.7 |
1.6 |
1.5 |
1.4 |
1.3 |
1.2 |
1.2 |
1.1 |
1 |
1 |
0.9 |
0.8 |
0.8 |
0.7 |
0.7 |
0.7 |
0.6 |
0.6 |
0.5 |
|
|
7.9 |
2.1 |
1.9 |
1.8 |
1.7 |
1.6 |
1.5 |
1.4 |
1.3 |
1.2 |
1.2 |
1.1 |
1 |
1 |
0.9 |
0.8 |
0.8 |
0.7 |
0.7 |
0.7 |
0.6 |
0.6 |
0.5 |
0.5 |
0.5 |
|
|
8.0 |
1.8 |
1.7 |
1.6 |
1.5 |
1.4 |
1.3 |
1.2 |
1.1 |
1.1 |
1 |
0.9 |
0.9 |
0.8 |
0.8 |
0.7 |
0.7 |
0.6 |
0.6 |
0.6 |
0.5 |
0.5 |
0.4 |
0.4 |
0.4 |
|
|
8.1 |
1.5 |
1.5 |
1.4 |
1.3 |
1.2 |
1.1 |
1.1 |
1 |
0.9 |
0.9 |
0.8 |
0.8 |
0.7 |
0.7 |
0.6 |
0.6 |
0.6 |
0.5 |
0.5 |
0.5 |
0.4 |
0.4 |
0.4 |
0.4 |
|
|
8.2 |
1.3 |
1.2 |
1.2 |
1.1 |
1 |
1 |
0.9 |
0.8 |
0.8 |
0.7 |
0.7 |
0.7 |
0.6 |
0.6 |
0.5 |
0.5 |
0.5 |
0.4 |
0.4 |
0.4 |
0.4 |
0.3 |
0.3 |
0.3 |
|
|
8.3 |
1.1 |
1.1 |
1 |
0.9 |
0.9 |
0.8 |
0.8 |
0.7 |
0.7 |
0.6 |
0.6 |
0.6 |
0.5 |
0.5 |
0.5 |
0.4 |
0.4 |
0.4 |
0.4 |
0.3 |
0.3 |
0.3 |
0.3 |
0.3 |
|
|
8.4 |
1 |
0.9 |
0.8 |
0.8 |
0.7 |
0.7 |
0.7 |
0.6 |
0.6 |
0.5 |
0.5 |
0.5 |
0.4 |
0.4 |
0.4 |
0.4 |
0.3 |
0.3 |
0.3 |
0.3 |
0.3 |
0.3 |
0.2 |
0.2 |
|
|
8.5 |
0.8 |
0.8 |
0.7 |
0.7 |
0.6 |
0.6 |
0.6 |
0.5 |
0.5 |
0.5 |
0.4 |
0.4 |
0.4 |
0.4 |
0.3 |
0.3 |
0.3 |
0.3 |
0.3 |
0.2 |
0.2 |
0.2 |
0.2 |
0.2 |
|
|
8.6 |
0.7 |
0.6 |
0.6 |
0.6 |
0.5 |
0.5 |
0.5 |
0.4 |
0.4 |
0.4 |
0.4 |
0.3 |
0.3 |
0.3 |
0.3 |
0.3 |
0.2 |
0.2 |
0.2 |
0.2 |
0.2 |
0.2 |
0.2 |
0.2 |
|
|
8.7 |
0.6 |
0.5 |
0.5 |
0.5 |
0.4 |
0.4 |
0.4 |
0.4 |
0.3 |
0.3 |
0.3 |
0.3 |
0.3 |
0.3 |
0.2 |
0.2 |
0.2 |
0.2 |
0.2 |
0.2 |
0.2 |
0.2 |
0.1 |
0.1 |
|
|
8.8 |
0.5 |
0.5 |
0.4 |
0.4 |
0.4 |
0.4 |
0.3 |
0.3 |
0.3 |
0.3 |
0.3 |
0.2 |
0.2 |
0.2 |
0.2 |
0.2 |
0.2 |
0.2 |
0.2 |
0.1 |
0.1 |
0.1 |
0.1 |
0.1 |
|
|
8.9 |
0.4 |
0.4 |
0.4 |
0.3 |
0.3 |
0.3 |
0.3 |
0.3 |
0.3 |
0.2 |
0.2 |
0.2 |
0.2 |
0.2 |
0.2 |
0.2 |
0.2 |
0.1 |
0.1 |
0.1 |
0.1 |
0.1 |
0.1 |
0.1 |
|
|
9.0 |
0.4 |
0.3 |
0.3 |
0.3 |
0.3 |
0.3 |
0.2 |
0.2 |
0.2 |
0.2 |
0.2 |
0.2 |
0.2 |
0.2 |
0.2 |
0.1 |
0.1 |
0.1 |
0.1 |
0.1 |
0.1 |
0.1 |
0.1 |
0.1 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
[20.6.4.900 NMAC - Rp 20 NMAC 6.1.3100,
10/12/2010; A, 10/11/2002; A, 5/23/2005; A, 7/17/2005; A, 12/1/2010; A,
3/2/2017; A, 4/23/2022]
20.6.4.901 PUBLICATION REFERENCES: These documents are intended as guidance and are available for public review during regular business hours at the offices of the surface water quality bureau. Copies of these documents have also been filed with the New Mexico state records center in order to provide greater access to this information.
A. American
public health association. 1992. Standard Methods for The Examination of Water and Wastewater, 18th
Edition. Washington, D.C. 1048 p.
B. American
public health association. 1995. Standard Methods for The
Examination of Water and Wastewater, 19th Edition. Washington, D.C. 1090 p.
C. American
public health association. 1998. Standard Methods for The
Examination of Water and Wastewater, 20th Edition. Washington, D.C. 1112 p.
D. American public health association.
2018. Standard Methods for The Examination of Water and
Wastewater, 23rd Edition. Washington, D.C. 1796 p.
[D.]
E. United States geological survey. [1987] 1989. Methods For Determination of Inorganic
Substances In Water And Fluvial Sediments, Techniques of Water-Resource
Investigations of The United States Geological Survey. Washington, D.C. [80] 545 p.
[E.]
F. United
States geological survey. 1987. Methods [for the determination of organic substances in water and
fluvial sediments, techniques of water-resource investigations of the U.S.
Geological survey] For The Determination Of Organic
Substances In Water And Fluvial Sediments, Techniques Of Water-Resource
Investigations Of The United States Geological Survey. Washington, D.C. 80 p.
[F.]
G. United
States environmental protection agency.
[1974] 1983. Methods For Chemical Analysis Of Water And
Wastes. [National environmental research center,
Cincinnati, Ohio] Office of research and development, Washington, DC. [(EPA-625-/6-74-003)] (EPA/600/4-79/020). [298] 491 p.
[G.]
H. New Mexico water quality control
commission. [2003] 2020. [(208)] State Of New Mexico Water Quality Management
Plan and Continuing Planning Process.
Santa Fe, New Mexico. [85] 277 p.
[H.]
I. Colorado
river basin salinity control forum. [2014] 2020. [2014] 2020 Review,
Water Quality Standards For Salinity, Colorado River System. Phoenix, Arizona. [99] 97 p.
[I.]
J. United
States environmental protection agency. 2002.
Methods For
Measuring The Acute Toxicity Of Effluents And Receiving Waters To Freshwater
And Marine Organisms. Office of research and
development, Washington, D.C. (5th Ed., EPA
821-R-02-012). 293 p. [http://www.epa.gov/ostWET/disk2/atx.pdf]
[J.]
K. United
States environmental protection agency.
2002. Short-Term Methods For Estimating The Chronic
Toxicity Of Effluents And Receiving Waters To Freshwater Organisms. Environmental monitoring systems laboratory,
Cincinnati, Ohio. (4th Ed., EPA
821-R-02-013). 335 p.
[K.]
L. [Ambient-induced
mixing, in] United States environmental protection agency. 1991. Ambient-induced mixing,
in Technical Support Document For Water Quality-Based Toxics Control. Office of water, Washington, D.C. (EPA/505/2-90-001). [2] 335 p.
[L.]
M. United
States environmental protection agency.
1983. Technical Support Manual: Waterbody Surveys And Assessments For
Conducting Use Attainability Analyses, Volume I:. Office of water, regulations and
standards, Washington, D.C. [251] 232 p. [http://www.epa.gov/OST/library/wqstandards/uaavol123.pdf]
[M.]
N. United
States environmental protection agency.
1984. Technical Support Manual: Waterbody Surveys
And Assessments For Conducting Use Attainability Analyses, Volume [Iii] III:
Lake Systems. Office of water, regulations and standards,
Washington, D.C. 208 p. [http://www.epa.gov/OST/library/wqstandards/uaavol123.pdf]
[20.6.4.901 NMAC - Rp 20 NMAC 6.1.4000, 10/12/2010; A, 5/23/2005; A,
12/1/2010; A, 3/2/2017; A, 4/23/2022]