TITLE 20 ENVIRONMENTAL PROTECTION
CHAPTER 6 WATER QUALITY
PART 4 STANDARDS FOR INTERSTATE AND INTRASTATE
SURFACE WATERS
20.6.4.1 ISSUING AGENCY: Water Quality Control commission.
[20.6.4.1 NMAC - Rp 20 NMAC 6.1.1001, 10/12/2000]
20.6.4.2 SCOPE: Except as otherwise provided by statute or regulation of the water quality control commission, this part governs all surface waters of the state of New Mexico, which are subject to the New Mexico Water Quality Act, Sections 74-6-1 through 74-6-17 NMSA 1978.
[20.6.4.2 NMAC - Rp 20 NMAC 6.1.1002, 10/12/2000; A, 5/23/2005]
20.6.4.3 STATUTORY AUTHORITY: This part is adopted by the water quality control commission pursuant to Subsection C of Section 74-6-4 NMSA 1978.
[20.6.4.3 NMAC - Rp 20 NMAC 6.1.1003, 10/12/2000]
20.6.4.4 DURATION: Permanent.
[20.6.4.4 NMAC - Rp 20 NMAC 6.1.1004, 10/12/2000]
20.6.4.5 EFFECTIVE DATE: October 12, 2000, unless a later date is indicated in the history note at the end of a section.
[20.6.4.5 NMAC - Rp 20 NMAC 6.1.1005, 10/12/2000]
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.
D. These
surface water quality standards serve to respond to the inherent threats of
climate change and provide resiliency for the continued protection and
enhancement of water quality.
[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.
(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.
(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.
(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).
(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.
(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.
(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.
(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) “Climate change” refers to any significant change in the measures of climate lasting for an extended period of time, typically decades or longer, and includes major changes in temperature, precipitation, wind patterns or other weather-related effects.
(5) “Closed basin” is a basin where topography prevents the surface outflow of water and water escapes by evapotranspiration or percolation.
(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.
(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.
(8) “Commission” means the New Mexico water quality control commission.
(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) “Emerging contaminants” refer to water
contaminants that may cause significant ecological or human health effects at
low concentrations. Emerging
contaminants are generally chemical compounds recognized as having deleterious
effects at environmental concentrations whose negative impacts have not been
fully quantified and may not have regulatory numeric criteria.
(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.
(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”.
(1) “Hardness” means the measure of dissolved calcium and magnesium salts in water expressed in units of dissolved calcium carbonate (CaCO3) concentration unless otherwise noted.
(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.
(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.
(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, 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 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 of the surface water of
the state may exceed that which could continually support aquatic
life adapted to coldwater.
(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.
(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.
(5) “Practicable” means that which may be done, practiced or
accomplished; that which is performable, feasible, possible.
(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.
(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; and
(xii) natural
ponds.
(b) 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) 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”.
(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 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 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 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 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.
(4) The following waters are designated in the headwaters Pecos river watershed:
(a) The Pecos river from Dalton Canyon creek to the Pecos wilderness boundary;
(b) In the Dry Gulch-Pecos river subwatershed, Dalton Canyon creek from the Pecos river upstream to the headwaters, Wild Horse creek from Dalton Canyon creek upstream to the headwaters, Macho Canyon creek from the Pecos river upstream to the headwaters and Sawyer creek from the Pecos river upstream to the headwaters;
(c) In the Indian creek-Pecos river subwatershed, Indian creek from the Pecos river upstream to the headwaters, Holy Ghost creek from the Pecos river upstream to the Pecos wilderness boundary, Doctor creek from Holy Ghost creek upstream to the headwaters, Davis creek from the Pecos river upstream to the headwaters and Willow creek from the Pecos river upstream to the headwaters;
(d) In the Rio Mora subwatershed, Rio Mora from the Pecos river upstream to the Pecos wilderness boundary and Bear creek from the Rio Mora upstream to the Pecos wilderness boundary;
(e) In the Rio Mora-Pecos river subwatershed, Carpenter creek from the Pecos river upstream to the Pecos wilderness boundary, Winsor creek from the Pecos river upstream to the Pecos wilderness boundary and Jack’s creek from the Pecos river upstream to the Pecos wilderness boundary; and,
(f) In the Panchuela creek subwatershed, Panchuela creek from the Pecos river upstream to the Pecos wilderness boundary;
(g) Unnamed tributaries to waters in Subparagraphs (a) through (f), Paragraph (4) of this Subsection (D) as identified in the Maps and Lists for Unnamed Tributaries to Perennial Waters and Wetlands in the Headwaters Pecos River Watershed, published at the New Mexico state library and available on the department’s website.
(h) Unnamed wetlands adjacent to waters in Subparagraphs (a) through (f), Paragraph (4) of this Subsection (D) as identified in the Maps and Lists for Unnamed Tributaries to Perennial Waters and Wetlands in the Headwaters Pecos River Watershed, published at the New Mexico state library and available on the department’s website.
(5) the Rio Grande from directly above the Rio Pueblo de Taos to the New Mexico-Colorado state border.
(6) the Rio Hondo from the Carson National Forest boundary to its headwaters; and Lake Fork creek from the Rio Hondo to its headwaters.
(7) the East Fork Jemez river from San Antonio creek to its headwaters; San Antonio creek from the East Fork Jemez river to its headwaters; and Redondo creek from Sulphur creek to its headwaters.
[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; A, 09/24/2022]
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.
C. It
is recognized that, in some cases, numeric criteria 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 When
justified by sufficient data and information, a numeric water quality criterion 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.
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.
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 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
G
of 20.6.4.10 NMAC.
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.
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 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 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 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 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 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 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 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. 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: 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, 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: 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 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. 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 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, 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, 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.
(2) If the findings of a use attainability analysis, conducted by the department, in accordance with the department’s Hydrology Protocol (latest edition) demonstrates 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 posted the use attainability
analysis on its water quality standards website and
notified its interested parties list of a 30-day public comment period;
(f) The department reviewed and responded to any comments received during the 30-day public comment period ; and
(g) The department 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, 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, 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.
E. Use attainability analysis conducted by an entity other than the
department. Any person may submit notice to
the department stating their intent to conduct a use attainability
analysis.
(1) The proponent shall provide
such notice along with a work plan supporting the development of a use attainability
analysis 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 source
and validity of
data to be used to demonstrate whether the current designated use
is not attainable;
(c) the factors in 40 CFR 131.10(g) affecting the attainment of that use;
(d) a description of the data being proposed to be used to demonstrate the highest attainable use;
(e) 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
(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 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 department or the proponent may petition the commission to modify the
designated use. 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]
20.6.4.16 PLANNED USE OF A PISCICIDE: The use of a piscicide registered under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), 7 U.S.C. Section 136 et seq., and under the New Mexico Pesticide Control Act (NMPCA), Section 76-4-1 et seq. NMSA 1978 (1973) in a surface water of the state, shall not be a violation of Subsection F of 20.6.4.13 NMAC when such use is covered by a federal national pollutant discharge elimination system (NPDES) permit or has been approved by the commission under procedures provided in this section. The use of a piscicide which is covered by a NPDES permit shall require no further review by the commission and the person whose application is covered by the NPDES permit shall meet the additional notification and monitoring requirements outlined in Subsection G of 20.6.4.16 NMAC. The commission may approve the reasonable use of a piscicide under this section if the proposed use is not covered by a NPDES permit to further a Clean Water Act objective to restore and maintain the physical or biological integrity of surface waters of the state, including restoration of native species.
A. Any person seeking
commission approval of the use of a piscicide not covered by a NPDES permit
shall file a written petition concurrently with the commission and the surface
water bureau of the department. The
petition shall contain, at a minimum, the following information:
(1) petitioner’s
name and address;
(2) identity
of the piscicide and the period of time (not to exceed five years) or number of
applications for which approval is requested;
(3) documentation
of registration under FIFRA and NMPCA and certification that the petitioner
intends to use the piscicide according to the label directions, for its
intended function;
(4) target
and potential non-target species in the treated waters and adjacent riparian
area, including threatened or endangered species;
(5) potential environmental consequences to the
treated waters and the adjacent riparian area, and protocols for limiting such
impacts;
(6) surface
water of the state proposed for treatment;
(7) results
of pre-treatment survey;
(8) evaluation
of available alternatives and justification for selecting piscicide use;
(9) documentation of notice
requesting public comment on the proposed use within a 30-day period, including
information as described in Paragraphs (1), (2) and (6) of Subsection A of
20.6.4.16 NMAC, provided to:
(a) local
political subdivisions;
(b) local water planning
entities;
(c) local conservancy and
irrigation districts; and
(d) local media outlets,
except that the petitioner shall only be required to publish notice in a
newspaper of circulation in the locality affected by the proposed use.
(10) copies of public
comments received in response to the publication of notice and the petitioner’s
responses to public comments received;
(11) post-treatment
assessment monitoring protocol; and
(12) any other information
required by the commission.
B. Within 30 days of receipt of the petition, the department shall review the petition and file a recommendation with the commission to grant, grant with conditions or deny the petition. The recommendation shall include reasons, and a copy shall be sent to the petitioner by certified mail.
C. The
commission shall review the petition, the public comments received under
Paragraphs (9) and (10) of Subsection A of 20.6.4.16 NMAC, the petitioner’s
responses to public comments and the department’s technical recommendations for
the petition. A public hearing shall be
held if the commission determines there is substantial public interest. The commission shall notify the petitioner
and those commenting on the petition of the decision whether to hold a hearing
and the reasons therefore in writing.
D. If the commission
determines there is substantial public interest a public hearing shall be held
within 90 days of receipt of the department’s recommendation in the locality
affected by the proposed use in accordance with 20.1.3 NMAC, Adjudicatory
Procedures - Water Quality Control Commission.
Notice of the hearing shall be given in writing by the petitioner to
individuals listed under Subsection A of 20.6.4.16 NMAC as well as to
individuals who provided public comment under that subsection at least 30 days
prior to the hearing.
E. In a hearing provided
for in this section or, if no hearing is held, in a commission meeting, the
registration of a piscicide under FIFRA and NMPCA shall provide a rebuttable
presumption that the determinations of the EPA Administrator in registering the
piscicide, as outlined in 7 U.S.C. Section 136a(c)(5), are valid. For purposes of this Section the rebuttable
presumptions regarding the piscicide include:
(1) Its
composition is such as to warrant the proposed claims for it;
(2) Its
labeling and other material submitted for registration comply with the
requirements of FIFRA and NMPCA;
(3) It
will perform its intended function without unreasonable adverse effects on the
environment; and
(4) When
used in accordance with all FIFRA label requirements it will not generally
cause unreasonable adverse effects on the environment.
(5) “Unreasonable
adverse effects on the environment” has the meaning provided in FIFRA, 7 U.S.C.
Section 136(bb): “any unreasonable risk to man or the environment, taking into
account the economic, social, and environmental costs and benefits of the use
of any pesticide.”
F. After
a public hearing, or commission meeting if no hearing is held, the commission
may grant the petition in whole or in part, may grant the petition subject to
conditions, or may deny the petition. In
granting any petition in whole or part or subject to conditions, the commission
shall require the petitioner to implement post-treatment assessment monitoring
and provide notice to the public in the immediate and near downstream vicinity
of the application prior to and during the application.
G. Any person whose
application is covered by a NPDES permit shall provide written notice to local
entities as described in Subsection A of 20.6.4.16 NMAC and implement
post-treatment assessment monitoring within the application area as described
in Subsection F of 20.6.4.16 NMAC.
[20.6.4.16 NMAC - Rn, Paragraph (6) of Subsection F of 20.6.4.12 NMAC, 5/23/2005;
A, 5/23/2005; A, 3/2/2017]
20.6.4.17 - 20.6.4.49 [RESERVED]
20.6.4.50 BASINWIDE PROVISIONS - Special provisions
arising from interstate compacts, international treaties or court decrees or
that otherwise apply to a basin are contained in 20.6.4.51 through 20.6.4.59
NMAC.
[20.6.4.50 NMAC - N, 5/23/2005]
20.6.4.51 [RESERVED]
20.6.4.52 PECOS RIVER BASIN - In order to protect existing and designated uses, it is a goal of the state of New Mexico to prevent increases in TDS in the Pecos river above the following benchmark values, which are expressed as flow-weighted, annual average concentrations, at three USGS gaging stations: at Santa Rosa 500 mg/L; near Artesia 2,700 mg/L; and near Malaga 3,600 mg/L. The benchmark values serve to guide state action. They are adopted pursuant to the New Mexico Water Quality Act, not the Clean Water Act.
[20.6.4.52 NMAC - N, 12/1/2010]
20.6.4.53 [RESERVED]
20.6.4.54 COLORADO RIVER BASIN - For the tributaries
of the Colorado river system, the state of New Mexico will cooperate with the
Colorado river basin states and the federal government to support and implement
the salinity policy and program outlined in the most current “review, water
quality standards for salinity, Colorado river system” or equivalent report by
the Colorado river salinity control forum.
A. Numeric
criteria expressed as the flow-weighted annual average concentration for
salinity are established at three points in the Colorado river basin as
follows: below Hoover dam, 723 mg/L; below Parker dam, 747 mg/L; and at
Imperial dam, 879 mg/L.
B. As
a part of the program, objectives for New Mexico shall include the elimination
of discharges of water containing solids in solution as a result of the use of
water to control or convey fly ash from coal-fired electric generators,
wherever practicable.
[20.6.4.54 NMAC - Rn, Paragraphs (1) through (3) of Subsection K of
20.6.4.12 NMAC, 5/23/2005; A, 5/23/2005]
20.6.4.55 - 20.6.4.96 [RESERVED]
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 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 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]
20.6.4.98 INTERMITTENT WATERS: All non-perennial surface waters of the
state, except those ephemeral waters included under section 20.6.4.97 NMAC or classified
in 20.6.4.101-899 NMAC.
A. Designated uses: livestock watering, wildlife habitat,
marginal warmwater aquatic life 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.
[20.6.4.98 NMAC - N, 5/23/2005; A, 12/1/2010; A, 3/2/2017]
20.6.4.99 PERENNIAL WATERS: All perennial surface waters of the state
except those classified in 20.6.4.101-899 NMAC.
A. Designated uses:
Warmwater 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.
[20.6.4.99 NMAC - N, 5/23/2005; A, 12/1/2010; A, 3/2/2017]
20.6.4.100 [RESERVED]
20.6.4.101 RIO GRANDE BASIN: The main stem of the Rio Grande from the
international boundary with Mexico upstream to one mile downstream of Percha
dam.
A. Designated uses:
irrigation, marginal warmwater aquatic life, livestock watering,
wildlife habitat and primary contact.
B. Criteria:
(1) 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 34°C (93.2°F) or less.
(2) At
mean monthly flows above 350 cfs, the monthly average concentration for: TDS
2,000 mg/L or less, sulfate 500 mg/L or less and chloride 400 mg/L or less.
C. Remarks: sustained flow in the Rio Grande
below Caballo reservoir is dependent on release from Caballo reservoir during
the irrigation season; at other times of the year, there may be little or no
flow.
[20.6.4.101 NMAC - Rp 20 NMAC 6.1.2101, 10/12/2010; A, 12/15/2001; A, 5/23/2005;
A, 12/1/2010; A, 3/2/2017]
20.6.4.102 RIO GRANDE BASIN: The main stem of the Rio Grande from one mile
downstream of Percha dam upstream to Caballo dam.
A. Designated uses:
irrigation, livestock watering, wildlife habitat, 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, except that
the following segment-specific criteria apply:
the monthly geometric mean of E. coli bacteria 126 cfu/100 mL or less,
single sample 235 cfu/100 mL or less.
C. Remarks: sustained flow in the Rio Grande
downstream of Caballo reservoir is dependent on release from Caballo reservoir
during the irrigation season; at other times of the year, there may be little
or no flow.
[20.6.4.102 NMAC - Rp 20 NMAC 6.1.2102, 10/12/2010; A, 5/23/2005; A, 12/1/2010;
A, 3/2/2017]
20.6.4.103 RIO GRANDE BASIN: 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.
[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.]
20.6.4.104 RIO GRANDE BASIN: Caballo and Elephant Butte reservoir.
A. Designated uses: irrigation storage, livestock
watering, wildlife habitat, 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, except that
the following segment-specific criteria apply:
the monthly geometric mean of E. coli bacteria 126 cfu/100 mL or less,
single sample 235 cfu/100 mL or less.
[20.6.4.104 NMAC - Rp 20 NMAC 6.1.2104, 10/12/2000; A, 5/23/2005; A, 12/1/2010]
20.6.4.105 RIO GRANDE BASIN: The main stem
of the Rio Grande from the headwaters of Elephant Butte reservoir upstream to
Alameda bridge (Corrales bridge), excluding waters on Isleta pueblo.
A. Designated uses: irrigation, marginal warmwater aquatic life, livestock watering, public
water supply, wildlife habitat and 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 mean monthly flows above 100 cfs, the monthly average concentration for: TDS l,500 mg/L or less, sulfate 500 mg/L or less and chloride 250 mg/L or less.
[20.6.4.105 NMAC - Rp 20 NMAC 6.1.2105, 10/12/2000; A, 5/23/2005; A, 12/1/2010]
20.6.4.106 RIO GRANDE BASIN: The main stem
of the Rio Grande from Alameda bridge (Corrales bridge) upstream to the
Angostura diversion works, excluding waters on Santa Ana pueblo, and
intermittent water in the Jemez river below the Jemez pueblo boundary,
excluding waters on Santa Ana and Zia pueblos, that enters the main stem of the
Rio Grande. Portions of the Rio Grande
in this segment are under the joint jurisdiction of the state and Sandia
pueblo.
A. Designated uses: irrigation, marginal warmwater
aquatic life, livestock watering, wildlife habitat and primary contact; and
public water supply on the Rio Grande.
B. Criteria:
(1) The
use-specific numeric criteria set forth in 20.6.4.900 NMAC are applicable to
the designated uses.
(2) At mean monthly flows above 100 cfs, the monthly average concentration for: TDS 1,500 mg/L or less, sulfate 500 mg/L or less and chloride 250 mg/L or less.
[20.6.4.106 NMAC - Rp 20 NMAC 6.1.2105.1, 10/12/2000; A, 5/23/2005; A, 12/1/2010]
20.6.4.107 RIO GRANDE BASIN: The Jemez river
from the Jemez pueblo boundary upstream to Soda dam near the town of Jemez
Springs and perennial reaches of Vallecito creek.
A. Designated uses: coldwater aquatic life, primary
contact, irrigation, livestock watering and wildlife habitat; and public water
supply on Vallecito 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 criterion applies: temperature 25°C (77°F).
[20.6.4.107 NMAC - Rp 20 NMAC 6.1.2105.5, 10/12/2000; A, 5/23/2005; A, 12/1/2010]
20.6.4.108 RIO GRANDE BASIN: Perennial
reaches of the Jemez river upstream of Soda dam near the town of Jemez Springs and perennial reaches of tributaries to the
Jemez river except those not specifically identified under other sections of
20.6.4 NMAC, and perennial reaches of the Guadalupe river and perennial reaches
of 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]
20.6.4.109 RIO GRANDE BASIN: Perennial
reaches of Bluewater creek excluding Bluewater lake and waters on tribal lands,
Rio Moquino upstream of Laguna pueblo, Seboyeta creek, Rio Paguate upstream of
Laguna pueblo, the Rio Puerco upstream of the northern boundary of Cuba, and
all other perennial reaches of tributaries to the Rio Puerco, including the Rio
San Jose in Cibola county from the USGS gaging station at Correo upstream to
Horace springs excluding waters on tribal lands.
A. Designated uses: coldwater
aquatic life, domestic water supply, fish culture, irrigation, livestock
watering, wildlife habitat and primary contact; and public water supply on La
Jara 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: phosphorus (unfiltered sample)
0.1 mg/L or less; the monthly geometric mean of E. coli bacteria 126 cfu/100 mL or less, single
sample 235 cfu/100 mL or less.
[20.6.4.109 NMAC - Rp 20 NMAC 6.1.2107, 10/12/2000; A, 5/23/2005; A, 12/1/2010;
A, 7/10/2012]
[NOTE: The standards for
Bluewater lake are in 20.6.4.135 NMAC, effective 7/10/2012]
20.6.4.110 RIO GRANDE BASIN: The main stem of the Rio Grande from
Angostura diversion works upstream to Cochiti dam, excluding the reaches on San
Felipe, Kewa and Cochiti pueblos.
A. Designated uses:
irrigation, livestock watering, wildlife habitat, primary contact,
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 criteria apply: pH within the range of 6.6 to
9.0 and temperature 25°C (77°F) or less.
[20.6.4.110 NMAC - Rp 20 NMAC 6.1.2108, 10/12/2010; A, 5/23/2005; A, 12/1/2010;
A, 3/2/2017]
20.6.4.111 RIO GRANDE BASIN: Perennial
reaches of Las Huertas creek from the San Felipe pueblo boundary to the
headwaters.
A. Designated uses: 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 criterion applies: temperature 25°C (77°F) or
less.
[20.6.4.111 NMAC - Rp 20 NMAC 6.1.2108.5, 10/12/2000; A, 7/25/2001; A, 5/23/2005;
A-12/1/2010]
[NOTE: The segment covered by
this section was divided effective 5/23/2005. The standards for the additional segment are
under 20.6.4.125 NMAC.]
20.6.4.112 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]
20.6.4.113 RIO GRANDE BASIN: The Santa Fe
river and perennial reaches of its tributaries from the Cochiti pueblo boundary
upstream to the outfall of the Santa Fe wastewater treatment facility.
A. Designated uses: irrigation, livestock watering, wildlife
habitat, primary contact and coolwater aquatic life.
B. Criteria: The use-specific criteria 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.
[20.6.4.113 NMAC - Rp 20 NMAC 6.1.2110, 10/12/2000; A, 10/11/2002; A, 5/23/2005;
A, 12/1/2010; A, 2/14/2013]
20.6.4.114 RIO GRANDE BASIN: The main stem
of the Rio Grande from the Cochiti pueblo boundary upstream to Rio Pueblo de
Taos excluding waters on San Ildefonso, Santa Clara and Ohkay Owingeh pueblos,
Embudo creek from its mouth on the Rio Grande upstream to the Picuris Pueblo
boundary, the Santa Cruz river from the Santa Clara pueblo boundary upstream to
the Santa Cruz dam, the Rio Tesuque except waters on the Tesuque and Pojoaque
pueblos, and the Pojoaque river from the San Ildefonso pueblo boundary upstream
to the Pojoaque pueblo boundary. Some
Rio Grande waters in this segment are under the joint jurisdiction of the state
and San Ildefonso pueblo.
A. Designated uses: irrigation, livestock watering,
wildlife habitat, marginal coldwater aquatic life, primary contact and
warmwater aquatic life; and public water supply on the main stem Rio Grande.
B. Criteria:
(1) 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:
6T3 temperature 22°C (71.6°F) and maximum temperature 25°C (78.8°F). In addition, the following criteria based on a
12-month rolling average are applicable to the public water supply use for
monitoring and public disclosure purposes only:
Radionuclide |
pCi/L |
Americium-241 |
1.9 |
Cesium-137 |
6.4 |
Plutonium-238 |
1.5 |
Plutonium-239/240 |
1.5 |
Strontium-90 |
3.5 |
Tritium |
4,000 |
(2) At
mean monthly flows above 100 cfs, the monthly average concentration for: TDS
500 mg/L or less, sulfate 150 mg/L or less and chloride 25 mg/L or less.
[20.6.4.114 NMAC - Rp 20 NMAC 6.1.2111, 10/12/2000; A, 5/23/2005; A, 12/1/2010]
20.6.4.115 RIO GRANDE BASIN: The perennial
reaches of Rio Vallecitos, 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 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]
20.6.4.117 RIO GRANDE BASIN: Abiquiu
reservoir.
A. Designated uses: irrigation storage, livestock
watering, wildlife habitat, primary contact, 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 25°C (77°F) or
less.
[20.6.4.117 NMAC - Rp 20 NMAC 6.1.2114, 10/12/2000; A, 5/23/2005; A, 12/1/2010]
20.6.4.118 RIO GRANDE BASIN: The Rio Chama
from the headwaters of Abiquiu reservoir upstream to El Vado reservoir and
perennial reaches of the Rio Gallina and Rio Puerco de Chama north of state highway
96. Some Rio Chama waters in this
segment are under the joint jurisdiction of the state and the Jicarilla Apache
tribe.
A. Designated uses: irrigation, livestock watering,
wildlife habitat, coldwater aquatic life, warmwater 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 26°C (78.8°F) or
less.
[20.6.4.118 NMAC - Rp 20 NMAC
6.1.2115, 10/12/2000; A, 5/23/2005; A, 12/1/2010]
20.6.4.119 RIO GRANDE BASIN: All perennial
reaches of tributaries to the Rio Chama above Abiquiu dam, except Canjilon
lakes a, c, e and f and the Rio Gallina and Rio Puerco de Chama north of state
highway 96 and excluding waters on Jicarilla Apache reservation, and the main
stem of the Rio Chama from the headwaters of El Vado reservoir upstream to the
New Mexico-Colorado line. Some Cañones
creek and Rio Chama waters in this segment are under the joint jurisdiction of
the state and the Jicarilla Apache tribe.
A. Designated uses: domestic
water supply, fish culture, high quality coldwater aquatic life, irrigation,
livestock watering, wildlife habitat and primary contact; and public water
supply on the Rio Brazos and Rio Chama.
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 (1,000 μS or less for Coyote creek); the monthly
geometric mean of E. coli bacteria 126 cfu/100
mL or less, single sample 235 cfu/100 mL or less.
[20.6.4.119 NMAC - Rp 20 NMAC 6.1.2116, 10/12/2000; A, 5/23/2005; A, 12/1/2010;
A, 7/10/2012]
[NOTE: The standards for
Canjilon lakes a, c, e and f are in 20.6.4.134 NMAC, effective 7/10/2012]
20.6.4.120 RIO GRANDE BASIN: El Vado and
Heron reservoirs.
A. Designated uses: irrigation storage, livestock
watering, wildlife habitat, public water supply, primary contact and coldwater
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 criteria apply: the monthly geometric mean of E.
coli bacteria 126 cfu/100 mL or less, single sample 235 cfu/100 mL or less.
[20.6.4.120 NMAC - Rp 20 NMAC 6.1.2117, 10/12/2000; A. 5/23/2005; A, 12/1/2010]
20.6.4.121 RIO GRANDE BASIN: Perennial
tributaries to the Rio Grande in Bandelier national monument and their
headwaters in Sandoval county and all perennial reaches of tributaries to the
Rio Grande in Santa Fe county unless included in other segments and excluding
waters on tribal lands.
A. Designated uses: domestic water supply, high quality
coldwater aquatic life, irrigation, livestock watering, wildlife habitat and
primary contact; and public water supply on Little Tesuque creek, the Rio en
Medio, and the Santa Fe 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; the monthly geometric
mean of E. coli bacteria 126 cfu/100 mL or less, single sample 235 cfu/100 mL
or less.
[20.6.4.121 NMAC - Rp 20 NMAC 6.1.2118, 10/12/2000; A. 5/23/2005; A, 12/1/2010;
A, 2/14/2013]
[NOTE: The segment covered by
this section was divided effective 5/23/2005. The standards for the additional segments are
under 20.6.4.126, 20.6.4.127 and 20.6.4.128 NMAC.]
20.6.4.122 RIO GRANDE BASIN: The main stem
of the Rio Grande from Rio Pueblo de Taos upstream to the New Mexico-Colorado
line, the Red river from its mouth on the Rio Grande upstream to the mouth of
Placer creek, and the Rio Pueblo de Taos from its mouth on the Rio Grande
upstream to the mouth of the Rio Grande del Rancho. Some Rio Grande and Rio Pueblo de Taos waters
in this segment are under the joint jurisdiction of the state and Taos pueblo.
A. Designated uses: coldwater aquatic life, fish
culture, 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: the monthly geometric mean of E.
coli bacteria 126 cfu/100 mL or less, single sample 235 cfu/100 mL or less.
[20.6.4.122 NMAC - Rp 20 NMAC 6.1.2119, 10/12/2000; A, 5/23/2005; A, 12/1/2010]
20.6.4.123 RIO GRANDE BASIN: Perennial
reaches of the Red river upstream of the mouth of Placer creek, all perennial
reaches of tributaries to the Red river, and all other perennial reaches of
tributaries to the Rio Grande in Taos and Rio Arriba counties unless included
in other segments and excluding waters on Santa Clara, Ohkay Owingeh, Picuris
and Taos pueblos.
A. Designated uses: domestic water supply, high
quality coldwater aquatic life, irrigation, livestock watering, wildlife
habitat and primary contact; and public water supply on the Rio Pueblo and Rio
Fernando de Taos.
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 (500 µS/cm or less for the Rio Fernando de Taos); the monthly geometric
mean of E. coli bacteria 126 cfu/100 mL or less, single sample 235 cfu/100 mL
or less; and phosphorus (unfiltered sample) less than 0.1 mg/L for the Red
river.
[20.6.4.123 NMAC - Rp 20 NMAC 6.1.2120, 10/12/2000; A, 5/23/2005; A, 12/1/2010]
[NOTE: The segment covered by this section was
divided effective 5/23/2005. The
standards for the additional segment are under 20.6.4.129 NMAC.]
20.6.4.124 RIO GRANDE BASIN: Perennial reaches of Sulphur creek from its
confluence with Redondo creek upstream to its headwaters.
A. Designated uses: limited aquatic life, wildlife habitat,
livestock watering and secondary contact.
B. Criteria: the use-specific criteria set forth in 20.6.4.900 NMAC are applicable to the designated uses, except that the following segment-specific criteria apply: pH within the range of 2.0 to 9.0, maximum temperature 30ºC (86ºF), and the chronic aquatic life criteria of Subsections I and J of 20.6.4.900 NMAC.
[20.6.4.124 NMAC - N, 5/23/2005; A, 12/1/2010; A, 3/2/2017]
20.6.4.125 RIO GRANDE BASIN: Perennial
reaches of San Pedro creek from the San Felipe pueblo boundary to the
headwaters.
A. Designated uses: 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 criterion applies: temperature 25°C (77°F) or
less.
[20.6.4.125 NMAC - N, 5/23/2005; A, 12/1/2010]
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: Cañon de
Valle from 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, 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]
20.6.4.127 RIO GRANDE BASIN: Perennial
portions of Los Alamos canyon upstream from Los Alamos reservoir and Los Alamos
reservoir.
A. Designated uses: coldwater
aquatic life, livestock watering, wildlife habitat, irrigation and primary
contact.
B. Criteria: the use-specific numeric criteria
set forth in 20.6.4.900 NMAC are applicable to the designated uses.
[20.6.4.127 NMAC - N, 5/23/2005; A, 12/1/2010]
20.6.4.128 RIO GRANDE BASIN: Ephemeral and
intermittent 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 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 L of 20.6.4.900 NMAC (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.]
20.6.4.129 RIO GRANDE BASIN: Perennial
reaches of the Rio Hondo.
A. Designated uses: domestic water supply, 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 and phosphorus (unfiltered sample) less than 0.1 mg/L.
[20.6.4.129 NMAC - N, 5/23/2005; A, 12/1/2010]
20.6.4.130 RIO GRANDE BASIN: The Rio Puerco
from the Rio Grande upstream to Arroyo Chijuilla, excluding the reaches on
Isleta, Laguna and Cañoncito Navajo pueblos.
Some waters in this segment are under the joint jurisdiction of the
state and Isleta, Laguna or Cañoncito Navajo pueblos.
A. Designated uses: irrigation, warmwater aquatic life, livestock
watering, wildlife habitat and 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
mean monthly flows above 100 cfs, the monthly average concentration for: TDS
l,500 mg/L or less, sulfate 500 mg/L or less and chloride 250 mg/L or less.
[20.6.4.130 NMAC - N, 12/1/2010]
20.6.4.131 RIO GRANDE BASIN: The Rio Puerco
from the confluence of Arroyo Chijuilla upstream to the northern boundary of
Cuba.
A. Designated uses: warmwater
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.
[20.6.4.131 NMAC - N, 12/1/2010]
20.6.4.132 RIO GRANDE BASIN: Rio Grande
(Klauer) spring
A. Designated uses: domestic
water supply, wildlife habitat, livestock watering, coldwater aquatic life use
and primary contact.
B. Criteria: the use-specific numeric criteria
set forth in 20.6.4.900 NMAC are applicable to the designated uses.
[20.6.4.132 NMAC - N, 12/1/2010]
20.6.4.133 RIO GRANDE BASIN: Bull Creek
lake, Cow lake, Elk lake, Goose lake, Heart lake, Hidden lake (Lake Hazel),
Horseshoe lake, Horseshoe (Alamitos) lake, Jose Vigil lake, Lost lake, Middle
Fork lake, Nambe lake, Nat II lake, Nat IV lake, No Fish lake, Pioneer lake,
San Leonardo lake, Santa Fe lake, Serpent lake, South Fork lake, Trampas lakes
(east and west) and Williams lake.
A. Designated uses: high
quality coldwater aquatic life, irrigation, domestic water supply, primary contact,
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, 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.
[20.6.4.133 NMAC - N, 7/10/2012]
20.6.4.134 RIO GRANDE BASIN: Cabresto lake,
Canjilon lakes a, c, e and f, Fawn lakes (east and west), Hopewell lake and San
Gregorio lake.
A. Designated uses: high
quality coldwater aquatic life, irrigation, domestic water supply, primary
contact, 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, 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.
[20.6.4.134 NMAC - N, 7/10/2012]
20.6.4.135 RIO GRANDE BASIN: Bluewater
lake.
A. Designated uses: coldwater
aquatic life, irrigation, domestic water supply, primary contact, 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 except that
the following segment-specific criteria apply: phosphorus (unfiltered sample)
0.1 mg/L or less; the monthly geometric mean of E. coli bacteria 126 cfu/100 mL or less, single
sample 235 cfu/100 mL or less.
[20.6.4.135 NMAC - N, 7/10/2012]
20.6.4.136 RIO GRANDE BASIN: The Santa Fe
river from the outfall of the Santa Fe wastewater treatment facility to
Guadalupe street.
A. Designated uses: limited aquatic life, wildlife habitat,
primary contact, livestock watering, and irrigation.
B. Criteria: the use-specific numeric criteria set forth in 20.6.4.900 NMAC are
applicable to the designated uses.
[20.6.4.136 NMAC - N, 2/14/2013]
20.6.4.137 RIO GRANDE BASIN: The Santa Fe
river from Guadalupe street to Nichols reservoir.
A. Designated uses: coolwater aquatic life, wildlife habitat,
primary contact, livestock watering, and irrigation.
B. Criteria: the use-specific numeric criteria set forth in 20.6.4.900 NMAC are
applicable to the designated uses.
[20.6.4.137 NMAC - N, 2/14/2013]
20.6.4.138 RIO GRANDE BASIN: Nichols and McClure reservoirs.
A. Designated uses: high quality coldwater aquatic life,
wildlife habitat, primary contact, public water supply and irrigation.
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.
[20.6.4.138 NMAC - N, 2/14/2013]
20.6.4.139 RIO GRANDE BASIN: Perennial
reaches of Galisteo creek and perennial reaches of its tributaries from Kewa
pueblo upstream to 2.2 miles upstream of Lamy.
A. Designated uses: coolwater aquatic life, primary contact,
irrigation, livestock watering, domestic water supply and wildlife habitat; and
public water supply on Cerrillos reservoir.
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: the monthly geometric mean of E. coli bacteria 126 cfu/100 mL
or less, single sample 235 cfu/100 mL or less.
[20.6.4.139 NMAC - N, 2/14/2013]
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]
20.6.4.141 -
20.6.4.200 [RESERVED]
20.6.4.201 PECOS RIVER BASIN: The main stem
of the Pecos river from the New Mexico-Texas line upstream to the mouth of the
Black river (near Loving).
A. Designated uses: irrigation, livestock watering,
wildlife habitat, primary contact and warmwater aquatic life.
B. Criteria:
(l) 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: dissolved boron for irrigation use 2,000 μg/L or less.
(2) At
all flows above 50 cfs: TDS 20,000 mg/L or less, sulfate 3,000 mg/L or less and
chloride 10,000 mg/L or less.
[20.6.4.201 NMAC - Rp 20 NMAC 6.1.2201, 10/12/2000; A, 5/23/2005; A, 12/1/2010]
20.6.4.202 PECOS RIVER BASIN: The main stem
of the Pecos river from the mouth of the Black river upstream to lower Tansil
dam, including perennial reaches of the Black river, the Delaware river and
Blue spring.
A. Designated uses: industrial water supply,
irrigation, livestock watering, wildlife habitat, primary contact and warmwater
aquatic life.
B. Criteria:
(l) 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 34°C (93.2°F) or less.
(2) At
all flows above 50 cfs: TDS 8,500 mg/L or less, sulfate 2,500 mg/L or less and
chloride 3,500 mg/L or less.
C. Remarks: diversion for irrigation frequently limits summer flow in this reach of
the main stem Pecos river to that contributed by springs along the watercourse.
[20.6.4.202 NMAC - Rp 20 NMAC 6.1.2202, 10/12/2000; A, 5/23/2005; A, 12/1/2010]
[NOTE: The segment covered by
this section was divided effective 5/23/2005. The standards for Lower Tansil Lake and Lake
Carlsbad are under 20.6.4.218 NMAC.]
20.6.4.203 PECOS RIVER BASIN: The main stem
of the Pecos river from the headwaters of Lake Carlsbad upstream to Avalon dam.
A. Designated uses: industrial water supply,
livestock watering, wildlife habitat, 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, except that
the following segment-specific criteria apply: temperature 34°C (93.2°F) or
less; the monthly geometric mean of E. coli bacteria 126 cfu/100 mL or less,
single sample 235 cfu/100 mL or less.
[20.6.4.203 NMAC - Rp 20 NMAC 6.1.2203, 10/12/2000; A, 5/23/2005; A, 12/1/2010]
[NOTE: The segment covered by
this section was divided effective 5/23/2005. The standards for Lower Tansil Lake and Lake
Carlsbad are under 20.6.4.218 and for Avalon Reservoir are under 20.6.4.219
NMAC.]
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, 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.]
20.6.4.205 PECOS RIVER BASIN: Brantley
reservoir.
A. Designated uses: irrigation storage, livestock
watering, wildlife habitat, 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.
[20.6.4.205 NMAC - Rp 20 NMAC 6.1.2205, 10/12/2000; A, 5/23/2005; A, 12/1/2010]
20.6.4.206 PECOS RIVER BASIN: Perennial reaches of the Rio Felix and perennial
reaches of tributaries to the Rio Hondo downstream of Bonney canyon, excluding
North Spring river.
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 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, 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, perennial reaches of tributaries to the Rio Bonito
upstream of state highway 48 (near Angus), 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 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]
20.6.4.210 PECOS RIVER BASIN: Sumner
reservoir.
A. Designated uses: irrigation storage, livestock
watering, wildlife habitat, 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, except that
the following segment-specific criteria apply: the monthly geometric mean of E.
coli bacteria 126 cfu/100 mL or less, single sample 235 cfu/100 mL or less.
[20.6.4.210 NMAC - Rp 20 NMAC 6.1.2210, 10/12/2000; A, 5/23/2005; A, 12/1/2010]
20.6.4.211 PECOS RIVER BASIN: The main stem
of the Pecos river from the headwaters of Sumner reservoir upstream to Tecolote
creek excluding Santa Rosa reservoir.
A. Designated uses: fish
culture, irrigation, marginal warmwater aquatic life, livestock watering,
wildlife habitat and 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 3,000 mg/L or less, sulfate 2,000 mg/L or less and
chloride 400 mg/L or less.
[20.6.4.211 NMAC - Rp 20 NMAC 6.1.2211, 10/12/2000; A, 5/23/2005; A, 12/1/2010;
A, 7/10/2012]
[NOTE: The standards for
Santa Rosa reservoir are in 20.6.4.225 NMAC, effective 7/10/2012]
20.6.4.212 PECOS RIVER BASIN: Perennial
tributaries to the main stem of the Pecos river from the headwaters of Sumner
reservoir upstream to Santa Rosa dam.
A. Designated uses: irrigation, coldwater aquatic
life, 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 criterion applies: temperature 25°C (77°F) or
less.
[20.6.4.212 NMAC - Rp 20 NMAC 6.1.2211.1, 10/12/2000; A, 5/23/2005; A, 12/1/2010]
20.6.4.213 PECOS RIVER BASIN: McAllister
lake.
A. Designated uses: coldwater aquatic life, secondary
contact, 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, except that
the following segment-specific criterion applies: temperature 25°C (77°F) or
less.
[20.6.4.213 NMAC - Rp 20 NMAC 6.1.2211.3, 10/12/2000; A, 5/23/2005; A, 12/1/2010]
20.6.4.214 PECOS RIVER BASIN: Storrie lake.
A. Designated uses: coldwater aquatic life, warmwater
aquatic life, primary contact, livestock watering, wildlife habitat, public
water supply and irrigation storage.
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: the monthly geometric mean of E.
coli bacteria 126 cfu/100 mL or less, single sample 235 cfu/100 mL or less.
[20.6.4.214 NMAC - Rp 20 NMAC 6.1.2211.5, 10/12/2000; A, 5/23/2005; A, 12/1/2010]
20.6.4.215 PECOS RIVER BASIN: Perennial
reaches of the Gallinas river upstream of the diversion for the Las Vegas
municipal reservoir, 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 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.]
20.6.4.216 PECOS RIVER BASIN: The main stem
of the Pecos river from Tecolote creek upstream to Cañon de Manzanita.
A. Designated uses: irrigation, livestock watering, wildlife
habitat, marginal coldwater aquatic life and primary contact.
B. Criteria:
(1) 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.
(2) At
all flows above 10 cfs: TDS 250 mg/L or less, sulfate 25 mg/L or less and
chloride 5 mg/L or less.
[20.6.4.216 NMAC - Rp 20 NMAC 6.1.2213, 10/12/2000; A, 5/23/2005; A, 12/1/2010]
20.6.4.217 PECOS RIVER BASIN: Perennial
reaches of Cow creek and all perennial reaches of its tributaries and the main
stem of the Pecos river from Cañon de Manzanita upstream to its headwaters,
including perennial reaches of all tributaries thereto except lakes identified
in 20.6.4.222 NMAC.
A. Designated uses: domestic water supply, fish culture, high
quality coldwater aquatic life, irrigation, livestock watering, wildlife
habitat and primary contact; and public water supply on the main stem of the
Pecos 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; the monthly geometric mean of E. coli bacteria 126 cfu/100 mL or less, single
sample 235 cfu/100 mL or less.
[20.6.4.217 NMAC - Rp 20 NMAC 6.1.2214, 10/12/2000; A, 5/23/2005; A, 12/1/2010;
A, 7/10/2012]
[NOTE: The segment covered by
this section was divided effective 5/23/2005. The standards for the additional segments are
under 20.6.4.220 and 20.6.4.221 NMAC.]
20.6.4.218 PECOS RIVER BASIN: Lower Tansil
lake and Lake Carlsbad.
A. Designated uses: industrial water supply, livestock watering,
wildlife habitat, 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, except that
the following segment-specific criterion applies: temperature 34°C (93.2°F) or
less.
[20.6.4.218 NMAC - N, 5/23/2005; A, 12/1/2010]
20.6.4.219 PECOS RIVER BASIN: Avalon
reservoir.
A. Designated uses: irrigation storage, livestock watering,
wildlife habitat, 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.
[20.6.4.219 NMAC - N, 5/23/2005; A, 12/1/2010]
20.6.4.220 PECOS RIVER BASIN: Perennial
reaches of the Gallinas river and 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]
20.6.4.221 PECOS RIVER BASIN: Pecos Arroyo.
A. Designated uses: livestock watering, wildlife habitat,
warmwater 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: the monthly geometric mean of E.
coli bacteria 206 cfu/100 mL, single sample 940 cfu/100 mL.
[20.6.4.221 NMAC - N, 5/23/2005; A, 12/1/2010]
20.6.4.222 PECOS RIVER BASIN: Johnson lake,
Katherine lake, Lost Bear lake, Pecos Baldy lake, Spirit lake, Stewart lake and
Truchas lakes (north and south).
A. Designated uses: high quality coldwater aquatic life,
irrigation, domestic water supply, primary contact, 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, 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.
[20.6.4.222 NMAC - N, 7/10/2012]
20.6.4.223 PECOS RIVER BASIN: Bonito lake.
A. Designated uses: high quality coldwater aquatic life,
irrigation, domestic water supply, primary contact, livestock watering,
wildlife habitat 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 except that
the following segment-specific criteria apply: specific conductance 1100 µS/cm
or less; 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.
[20.6.4.223 NMAC - N, 7/10/2012]
20.6.4.224 PECOS RIVER BASIN: Monastery
lake.
A. Designated uses: coolwater aquatic life, primary contact,
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, except that
the following segment-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.
[20.6.4.224 NMAC - N, 7/10/2012]
20.6.4.225 PECOS RIVER BASIN: Santa Rosa reservoir.
A. Designated uses: coolwater aquatic life, irrigation, primary
contact, 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.
[20.6.4.225 NMAC - N, 7/10/2012]
20.6.4.226 PECOS RIVER BASIN: Perch lake.
A. Designated uses: coolwater aquatic life, primary contact,
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 except that
the following segment-specific criteria apply: the monthly geometric mean of E. coli bacteria 126 cfu/100 mL or less, single
sample 235 cfu/100 mL or less.
[20.6.4.226 NMAC - N, 7/10/2012]
20.6.4.227 PECOS RIVER BASIN: Lea lake.
A. Designated uses: warmwater aquatic life, primary contact and
wildlife habitat.
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: the monthly geometric mean of E. coli bacteria 126 cfu/100 mL or less, single
sample 235 cfu/100 mL or less.
[20.6.4.227 NMAC - N, 7/10/2012]
20.6.4.228 PECOS RIVER BASIN: Cottonwood
lake and Devil’s Inkwell.
A. Designated uses: coolwater aquatic life, primary contact and
wildlife habitat.
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: the monthly geometric mean of E. coli bacteria 206 cfu/100 mL or less, single
sample 940 cfu/100 mL or less.
[20.6.4.228 NMAC - N, 7/10/2012]
20.6.4.229 PECOS RIVER BASIN: Mirror lake.
A. Designated uses: warmwater aquatic life, primary contact and
wildlife habitat.
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: the monthly geometric mean of E. coli bacteria 206 cfu/100 mL or less, single
sample 940 cfu/100 mL or less.
[20.6.4.229 NMAC - N, 7/10/2012]
20.6.4.230 PECOS RIVER BASIN: Perennial
reaches of Tecolote creek from I-25 to Blue creek.
A. Designated uses: domestic water supply,
coolwater 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: the monthly geometric mean of E. coli bacteria 126 cfu/100 mL
or less, single sample 235 cfu/100 mL or less.
[20.6.4.230 NMAC - N, 2/13/2018]
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]
20.6.4.232 -
20.6.4.300 [RESERVED]
20.6.4.301 CANADIAN RIVER BASIN: The main
stem of the Canadian river from the New Mexico-Texas line upstream to Ute dam,
and any flow that enters the main stem from Revuelto creek.
A. Designated uses: irrigation, marginal warmwater
aquatic life, livestock watering, wildlife habitat and 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) TDS
6,500 mg/L or less at flows above 25 cfs.
[20.6.4.301 NMAC - Rp 20 NMAC 6.1.2301, 10/12/2000; A, 5/23/2005; A, 12/1/2010]
20.6.4.302 CANADIAN RIVER BASIN: Ute reservoir.
A. Designated uses: livestock watering, wildlife
habitat, public water supply, industrial water supply, 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, except that
the following segment-specific criteria apply: the monthly geometric mean of E.
coli bacteria 126 cfu/100 mL or less, single sample 235 cfu/100 mL or less.
[20.6.4.302 NMAC - Rp 20 NMAC
6.1.2302, 10/12/2000; A, 5/23/2005; A, 12/1/2010]
20.6.4.303 CANADIAN RIVER BASIN: The main stem of the Canadian river from the
headwaters of Ute reservoir upstream to Conchas dam, the perennial reaches of
Pajarito and Ute creeks and their perennial tributaries.
A. Designated uses: irrigation, marginal warmwater
aquatic life, 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.
[20.6.4.303 NMAC - Rp 20 NMAC 6.1.2303, 10/12/2000; A, 5/23/2005; A, 12/1/2010]
20.6.4.304 CANADIAN RIVER BASIN: Conchas reservoir.
A. Designated uses: irrigation storage, livestock
watering, wildlife habitat, public water supply, 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, except that
the following segment-specific criteria apply: the monthly geometric mean of E.
coli bacteria 126 cfu/100 mL or less, single sample 235 cfu/100 mL or less.
[20.6.4.304 NMAC - Rp 20 NMAC 6.1.2304, 10/12/2000; A, 5/23/2005; A, 12/1/2010]
20.6.4.305 CANADIAN RIVER BASIN: The main stem of the Canadian river from the
headwaters of Conchas reservoir upstream to the New Mexico-Colorado line,
perennial reaches of the Conchas river, the Mora river downstream from the USGS
gaging station near Shoemaker, the Vermejo river downstream from Rail canyon
and perennial reaches of Raton, Chicorica (except Lake Maloya and Lake Alice)
and Uña de Gato creeks.
A. Designated uses: irrigation, marginal warmwater
aquatic life, livestock watering, wildlife habitat and 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) TDS
3,500 mg/L or less at flows above 10 cfs.
[20.6.4.305 NMAC - Rp 20 NMAC 6.1.2305, 10/12/2000; A, 5/23/2005; A, 12/1/2010;
A, 3/2/2017]
[NOTE: This segment was
divided effective 12/1/2010. The
standards for Lake Alice and Lake Maloya are under 20.6.4.311 and 20.6.4.312
NMAC, respectively.]
20.6.4.306 CANADIAN RIVER BASIN: The
Cimarron river downstream from state highway 21 in Cimarron to the Canadian
river and all perennial reaches of tributaries to the Cimarron river downstream
from state highway 21 in Cimarron.
A. Designated uses: irrigation, warmwater aquatic
life, livestock watering, wildlife habitat and primary contact; and public
water supply on Cimarroncito creek.
B. Criteria:
(1) The
use-specific numeric criteria set forth in 20.6.4.900 NMAC are applicable to
the designated uses.
(2) TDS
3,500 mg/L or less at flows above 10 cfs.
[20.6.4.306 NMAC - Rp 20 NMAC 6.1.2305.1, 10/12/2000; A, 7/19/2001; A, 5/23/2005;
A, 12/1/2010]
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, 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]
20.6.4.308 CANADIAN RIVER BASIN: Charette lakes.
A. Designated uses: coldwater aquatic life, warmwater
aquatic life, secondary contact, 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.
[20.6.4.308 NMAC - Rp 20 NMAC 6.1.2305.5, 10/12/2000; A, 5/23/2005; A, 12/1/2010]
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, perennial reaches of
tributaries to Coyote creek, the Cimarron river above state highway 21 in
Cimarron, 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, 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, on perennial reaches of Rayado creek and on perennial
reaches of 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]
20.6.4.310 CANADIAN RIVER BASIN: Perennial reaches
of Corrumpa creek.
A. Designated uses: livestock watering, wildlife habitat,
irrigation, primary contact and coldwater aquatic life.
B. Criteria:
(1) 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 25°C (77°F) or less; the monthly geometric mean of E. coli bacteria
126 cfu/100 mL or less, single sample 235 cfu/100 mL or less.
(2) TDS
1,200 mg/L or less, sulfate 600 mg/L or less, chloride 40 mg/L or less.
[20.6.4.310 NMAC - N, 5/23/2005; A, 12/1/2010]
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]
20.6.4.313 CANADIAN RIVER BASIN: Encantada lake, Maestas lake, Middle
Fork lake of Rio de la Casa, North Fork lake of Rio de la Casa and Pacheco
lake.
A. Designated uses: high quality coldwater aquatic life,
irrigation, domestic water supply, primary contact, 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, 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.
[20.6.4.313 NMAC - N, 7/10/2012]
20.6.4.314 CANADIAN RIVER BASIN: Shuree
ponds (north and south).
A. Designated uses: high quality coldwater aquatic life,
irrigation, domestic water supply, primary contact, 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 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.
[20.6.4.314 NMAC - N, 7/10/2012]
20.6.4.315 CANADIAN RIVER BASIN: Eagle Nest
lake.
A. Designated uses: high quality coldwater aquatic life,
irrigation, domestic water supply, primary contact, livestock watering,
wildlife habitat 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 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.
[20.6.4.315 NMAC - N, 7/10/2012]
20.6.4.316 CANADIAN RIVER BASIN: Clayton
lake.
A. Designated uses: coolwater aquatic life, primary contact,
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, except that the following segment-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.
[20.6.4.316 NMAC - N, 7/10/2012]
20.6.4.317 CANADIAN RIVER BASIN: Springer lake.
A. Designated uses: coolwater aquatic life, irrigation, primary
contact, livestock watering, wildlife habitat, 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.
[20.6.4.317 NMAC - N, 7/10/2012; A, 3/2/2017]
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 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]
20.6.4.319 -
20.6.4.400 [RESERVED]
20.6.4.401 SAN JUAN RIVER BASIN: The main
stem of the San Juan river from the Navajo Nation boundary at the Hogback
upstream to its confluence with the Animas river. Some waters in this segment are under the
joint jurisdiction of the state and the Navajo Nation.
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.
[20.6.4.401 NMAC - Rp 20 NMAC 6.1.2401, 10/12/2000; A, 5/23/2005; A, 12/1/2010]
[NOTE: The segment covered by
this section was divided effective 5/23/2005. The standards for the additional
segment are under 20.6.4.408 NMAC.]
20.6.4.402 SAN JUAN RIVER BASIN: La Plata river from its confluence with the
San Juan river upstream to the New Mexico-Colorado line.
A. Designated uses: irrigation, marginal warmwater
aquatic life, marginal coldwater aquatic life, 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 criterion applies: temperature 32.2°C (90°F) or
less.
[20.6.4.402 NMAC - Rp 20 NMAC 6.1.2402, 10/12/2000; A, 5/23/2005; A, 12/1/2010]
20.6.4.403 SAN JUAN RIVER BASIN: The Animas river from its confluence with the
San Juan river upstream to Estes arroyo.
A. Designated uses: Public water supply, industrial
water supply, irrigation, livestock watering, wildlife habitat, coolwater
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 29°C (84.2°F) or
less.
[20.6.4.403 NMAC - Rp 20 NMAC 6.1.2403, 10/12/2010; A, 5/23/2005; A, 12/1/2010;
A, 3/2/2017]
20.6.4.404 SAN JUAN RIVER BASIN: The Animas river from Estes arroyo upstream
to the Southern Ute Indian tribal boundary.
A. Designated uses: Coolwater 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 criterion applies: phosphorus (unfiltered
sample) 0.l mg/L or less.
[20.6.4.404 NMAC - Rp 20 NMAC 6.1.2404, 10/12/2010; A, 5/23/2005; A, 12/1/2010;
A, 3/2/2017]
20.6.4.405 SAN JUAN RIVER BASIN: The main stem of the San Juan river from 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]
20.6.4.406 SAN JUAN RIVER BASIN: Navajo reservoir in New Mexico.
A. Designated uses: coldwater aquatic life, warmwater
aquatic life, irrigation storage, 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: phosphorus (unfiltered sample)
0.1 mg/L or less; the monthly geometric mean of E. coli bacteria 126 cfu/100 mL
or less, single sample 235 cfu/100 mL or less.
[20.6.4.406 NMAC - Rp 20 NMAC 6.1.2406, 10/12/2000; A, 5/23/2005; A, 12/1/2010]
20.6.4.407 SAN JUAN RIVER BASIN: Perennial reaches of the Navajo river from the
Jicarilla Apache reservation boundary to the Colorado border and perennial
reaches of Los Pinos river in New Mexico.
A. Designated uses: coldwater aquatic life, irrigation, livestock watering, public water
supply, 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: phosphorus (unfiltered sample)
0.1 mg/L or less; the monthly geometric mean of E. coli bacteria 126 cfu/100 mL
or less, single sample 235 cfu/100 mL or less.
[20.6.4.407 NMAC - Rp 20 NMAC 6.1.2407, 10/12/2000; A, 5/23/2005; A, 12/1/2010]
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 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]
20.6.4.409 SAN JUAN RIVER BASIN: Lake
Farmington.
A. Designated uses: public water supply, wildlife habitat,
livestock watering, primary contact, 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 25°C (77°F) or
less.
[20.6.4.409 NMAC - N, 12/1/2010]
20.6.4.410 SAN JUAN RIVER BASIN: Jackson
lake.
A. Designated uses: coolwater aquatic life, irrigation, primary
contact, 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, except that
the following segment-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.
[20.6.4.410 NMAC - N, 7/10/2012]
20.6.4.411 -
20.6.4.450: [RESERVED]
20.6.4.451 LITTLE COLORADO RIVER BASIN: The
Rio Nutria upstream of the Zuni pueblo boundary, Tampico draw, Agua Remora,
Tampico springs.
A. Designated uses: coolwater aquatic life, 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.
[20.6.4.451 NMAC - N, 12/1/2010]
20.6.4.452 LITTLE COLORADO RIVER BASIN: Ramah
lake.
A. Designated uses: coldwater
aquatic life, warmwater 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 criterion applies: temperature 25°C (77°F) or
less.
[20.6.4.452 NMAC - N, 12/1/2010]
20.6.4.453 LITTLE COLORADO RIVER BASIN: Quemado lake.
A. Designated uses: coolwater aquatic life, primary contact,
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.
[20.6.4.453 NMAC - N, 7/10/2012]
20.6.4.454 -
20.6.4.500 [RESERVED]
20.6.4.501 GILA RIVER BASIN: The main stem
of the Gila river from the New Mexico-Arizona line upstream to Redrock canyon
and perennial reaches of streams in Hidalgo county.
A. Designated uses: irrigation, marginal warmwater
aquatic life, 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.
[20.6.4.501 NMAC - Rp 20 NMAC 6.1.2501, 10/12/2000; A, 5/23/2005; A, 12/1/2010]
20.6.4.502 GILA RIVER BASIN: The main stem of the Gila river from Redrock
canyon upstream to the confluence of the West Fork Gila river and East Fork
Gila river and perennial reaches of tributaries to the Gila river downstream of
Mogollon creek.
A. Designated uses: industrial water supply,
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, except that
the following segment-specific criterion applies: 28°C (82.4°F) or less.
[20.6.4.502 NMAC - Rp 20 NMAC 6.1.2502, 10/12/2010; A, 5/23/2005; A, 12/1/2010;
A, 3/2/2017]
20.6.4.503 GILA RIVER BASIN: All perennial tributaries to the Gila river
upstream of and including Mogollon creek.
A. Designated uses:
domestic water supply, 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 of 400
µS/cm or less for all perennial tributaries except West Fork Gila and
tributaries thereto, specific conductance of 300 µS/cm or less; 32.2°C (90°F)
or less in the east fork of the Gila river and Sapillo creek downstream of Lake
Roberts; the monthly geometric mean of E. coli bacteria 126 cfu/100 mL or less,
single sample 235 cfu/100 mL or less.
[20.6.4.503 NMAC - Rp 20 NMAC 6.1.2503, 10/12/2010; A, 5/23/2005; A, 12/1/2010;
A, 3/2/2017]
20.6.4.504 GILA RIVER BASIN: Wall lake, Lake Roberts and Snow lake.
A. Designated uses: 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 criterion applies: specific conductance 300
µS/cm or less.
[20.6.4.504 NMAC - Rp 20 NMAC 6.1.2504, 10/12/2000; A, 5/23/2005; A, 12/1/2010]
[NOTE: The segment covered by
this section was divided effective 5/23/2005. The standards for the additional segment are under 20.6.4.806 NMAC.]
20.6.4.505 GILA RIVER BASIN: Bill Evans
lake.
A. Designated uses: coolwater aquatic life, primary contact,
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.
[20.6.4.505 NMAC - N, 7/10/2012]
20.6.4.506 -
20.6.4.600 [RESERVED]
20.6.4.601 SAN FRANCISCO RIVER BASIN: The
main stem of the San Francisco river from the New Mexico-Arizona line upstream
to state highway 12 at Reserve and perennial reaches of Mule creek.
A. Designated uses: irrigation, marginal warmwater
and marginal coldwater aquatic life, 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.
[20.6.4.601 NMAC - Rp 20 NMAC 6.1.2601, 10/12/2000; A, 5/23/2005; A, 12/1/2010]
20.6.4.602 SAN FRANCISCO RIVER BASIN: The main stem of the San Francisco river from
state highway 12 at Reserve upstream to the New Mexico-Arizona line.
A. Designated uses: 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 criterion applies: temperature 25°C (77°F) or
less.
[20.6.4.602 NMAC - Rp 20 NMAC 6.1.2602, 10/12/2000; A, 5/23/2005; A, 12/1/2010]
20.6.4.603 SAN FRANCISCO RIVER BASIN: All perennial reaches of tributaries to the
San Francisco river above the confluence of Whitewater creek and including
Whitewater creek.
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; the monthly geometric mean of E. coli bacteria 126 cfu/100 mL or less,
single sample 235 cfu/100 mL or less; and temperature 25°C (77°F) or less in
Tularosa creek.
[20.6.4.603 NMAC - Rp 20 NMAC 6.1.2603, 10/12/2000; A, 5/23/2005; A, 12/1/2010]
20.6.4.604 -
20.6.4.700 [RESERVED]
20.6.4.701 DRY CIMARRON RIVER: Perennial
portions of the Dry Cimarron river above Oak creek and perennial reaches of Oak
creek.
A. Designated uses: coldwater aquatic life,
irrigation, livestock watering, wildlife habitat and primary contact.
B. Criteria:
(1) 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 25°C (77°F) or less, the monthly geometric mean of E. coli bacteria
126 cfu/100 mL or less, single sample 235 cfu/100 mL or less.
(2) TDS
1,200 mg/L or less, sulfate 600 mg/L or less and chloride 40 mg/L or less.
[20.6.4.701 NMAC - Rp 20 NMAC 6.1.2701, 10/12/2000; A, 5/23/2005 A, 12/1/2010]
[NOTE: The segment covered by
this section was divided effective 5/23/2005. The standards for the additional
segment are under 20.6.4.702 NMAC.]
20.6.4.702 DRY CIMARRON RIVER: Perennial
portions of the Dry Cimarron river below Oak creek, and perennial portions of
Long canyon and Carrizozo creeks.
A. Designated uses: coolwater aquatic life, irrigation, livestock watering,
wildlife habitat and primary contact.
B. Criteria:
(1) 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:
the monthly geometric mean of E.
coli bacteria
126 cfu/100 mL or less, single sample 235 cfu/100 mL or less.
(2) TDS
1,200 mg/L or less, sulfate 600 mg/L or less and chloride 40 mg/L or less.
[20.6.4.702 NMAC - N, 5/23/2005; A, 12/1/2010; A, 7/10/2012]
20.6.4.703 - 20.6.4.800 [RESERVED]
20.6.4.801 CLOSED BASINS: Rio Tularosa
upstream of the old U.S. highway 70 bridge crossing east of Tularosa and all
perennial tributaries to the Tularosa basin except Three Rivers and Dog Canyon
creek, and excluding waters on the Mescalero tribal lands.
A. Designated uses: 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: the monthly geometric mean of E.
coli bacteria 126 cfu/100 mL or less, single sample 235 cfu/100 mL or less.
[20.6.4.801 NMAC - Rp 20 NMAC 6.1.2801, 10/12/2000; A, 5/23/2005; A, 12/1/2010;
A, 2/13/2018]
[NOTE: This segment was
divided effective 2/13/2018. The standards for Dog Canyon creek are under
20.6.4.810 NMAC.]
20.6.4.802 CLOSED BASINS: Perennial reaches of Three Rivers.
A. Designated uses: irrigation, domestic water
supply, high quality coldwater aquatic life, primary contact, 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, 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.
[20.6.4.802 NMAC - Rp 20 NMAC 6.1.2802, 10/12/2000; A, 5/23/2005; A, 12/1/2010]
20.6.4.803 CLOSED BASINS: Perennial reaches of the Mimbres river
downstream of the confluence with Allie canyon and all perennial reaches of
tributaries thereto.
A. Designated uses: Coolwater 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: the monthly geometric mean of E. coli bacteria 126 cfu/100 mL or less, single sample 235 cfu/100 mL or less and temperature of 30°C (86°F) or less.
[20.6.4.803 NMAC - Rp 20 NMAC 6.1.2803, 10/12/2010; A, 5/23/2005; A, 12/1/2010;
A, 3/2/2017]
20.6.4.804 CLOSED BASINS: Perennial reaches of the Mimbres river
upstream of the confluence with Allie canyon to Cooney canyon, and all
perennial reaches of East Fork Mimbres (McKnight canyon) downstream of the fish
barrier, and all perennial reaches thereto.
A. Designated uses: Irrigation, domestic water supply, coldwater
aquatic life, 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: the monthly geometric mean of E.
coli bacteria 126 cfu/100 mL or less, single sample 235 cfu/100 mL or less.
[20.6.4.804 NMAC - Rp 20 NMAC 6.1.2804, 10/12/2010; A, 5/23/2005; A, 12/1/2010;
A, 2/28/2018; A, 3/2/2017]
[NOTE: The segment covered by
this section was divided effective 3/2/2017. The standards for the additional segment are covered under 20.6.4.807
NMAC.]
20.6.4.805 CLOSED BASINS: Perennial reaches of the Sacramento river (Sacramento-Salt
Flat closed basin) and all perennial tributaries thereto.
A. Designated uses: domestic water supply, 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.
[20.6.4.805 NMAC - Rp 20 NMAC 6.1.2805, 10/12/2000; A, 5/23/2005; A, 12/1/2010]
20.6.4.806 CLOSED BASINS: Bear canyon
reservoir.
A. Designated uses: 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 criterion applies: specific conductance 300
µS/cm or less.
[20.6.4.806 NMAC - N, 5/23/2005; A, 12/1/2010]
20.6.4.807 CLOSED BASINS: Perennial reaches of the Mimbres river
upstream of Cooney canyon and all perennial reaches thereto, including
perennial reaches of East Fork Mimbres river (McKnight canyon) upstream of the
fish barrier.
A. Designated uses: Irrigation, domestic water supply, high
quality coldwater aquatic life, 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 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.
[20.6.4.807 NMAC - N, 3/2/2017]
20.6.4.808 CLOSED BASINS: Perennial and
intermittent watercourses within Smelter Tailing Soils Investigation Unit lands
at the Chino mines company, excluding those ephemeral waters listed in 20.6.4.809
NMAC and including, but not limited to the
mainstem of Lampbright draw, beginning at the confluence of Lampbright Draw
with Rustler canyon, all tributaries that originate west of Lampbright draw to
the intersection of Lampbright draw with U.S. 180, and all tributaries of
Whitewater creek that originate east of Whitewater creek from the confluence of
Whitewater creek with Bayard canyon downstream to the intersection of
Whitewater creek with U.S. 180.
A. Designated uses:
Warmwater aquatic life, 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: the acute and chronic aquatic life criteria for copper set forth in Subsection I of 20.6.4.900 NMAC shall be determined by multiplying that criteria by the water effect ratio (“WER”) adjustment expressed by the following equation:
WER =
For purposes of this section, dissolved organic carbon (DOC) is expressed
in units of milligrams carbon per liter or mg C/L; alkalinity is expressed in
units of mg/L as CaCO3, and hardness is expressed in units of mg/L as CaCO3. In
waters that contain alkalinity concentrations greater than 250 mg/L, a value of
250 mg/L shall be used in the equation.
In waters that contain DOC concentrations greater than 16 mg C/L, a
value of 16 mg C/L shall be used in the equation. In waters that contain hardness
concentrations greater than 400 mg/L, a value of 400 mg/L shall be used in the
equation. The alkalinity, hardness and
DOC concentrations used to calculate the WER value are those measured in the
subject water sample.
[20.6.4.808 NMAC - N, 3/2/2017]
20.6.4.809 CLOSED BASINS: Ephemeral watercourses within smelter tailing
soils investigation unit lands at the Chino mines company, limited to Chino
mines property subwatershed drainage A and tributaries thereof, Chino mines property
subwatershed drainage B and tributaries thereof (excluding the northwest
tributary containing Ash spring and the Chiricahua leopard frog critical
habitat transect); Chino mines property subwatershed drainage C and tributaries
thereof (excluding reaches containing Bolton spring, the Chiricahua leopard
frog critical habitat transect and all reaches in subwatershed C that are
upstream of the Chiricahua leopard frog critical habitat); subwatershed
drainage D and tributaries thereof (drainages D-1, D-2 and D-3, excluding the
southeast tributary in drainage D1 that contains Brown spring) and subwatershed
drainage E and all tributaries thereof (drainages E-1, E-2 and E-3).
A. Designated uses: Limited 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, except that
the following segment-specific criteria apply: the acute aquatic life criteria
for copper set forth in Subsection I of 20.6.4.900 NMAC shall be determined by
multiplying that criteria by the water effect ratio (“WER”) adjustment
expressed by the following equation:
WER =
For purposes of this section, dissolved
organic carbon (DOC) is expressed in units of milligrams carbon per liter or mg
C/L; alkalinity is expressed in units of mg/L as CaCO3, and
hardness is expressed in units of mg/L as CaCO3. In waters that contain alkalinity
concentrations greater than 250 mg/L, a value of 250 mg/L shall be used in the
equation. In waters that contain DOC
concentrations greater than 16 mg C/L, a value of 16 mg C/L shall be used in
the equation. In waters that contain
hardness concentrations greater than 400 mg/L, a value of 400 mg/L shall be
used in the equation. The alkalinity,
hardness and DOC concentrations used to calculate the WER value are those
measured in the subject water sample.
[20.6.4.809 NMAC - N, 3/2/2017]
20.6.4.810 CLOSED BASINS: Perennial reaches of Dog Canyon creek.
A. Designated uses: coolwater 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: the monthly
geometric mean of E. coli bacteria 126 cfu/100 mL or less, single sample 235
cfu/100 mL or less.
[20.6.4.810 NMAC - N, 2/13/2018]
20.6.4.811 -
20.6.4.899 [RESERVED]
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, 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 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 equation parameters are
as follows:
Metal |
mA |
bA |
Conversion factor (CF) |
Aluminum (Al) |
1.3695 |
1.8308 |
|
Cadmium (Cd) |
0.9789 |
-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 equation parameters are as follows:
Metal |
mC |
bC |
Conversion factor
(CF) |
Aluminum (Al) |
1.3695 |
0.9161 |
|
Cadmium (Cd) |
0.7977 |
-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 |
25.0 |
Acute |
512 |
0.490 |
183 |
3.64 |
13.9 |
1,880 |
145 |
0.30 |
45.4 |
Chronic |
205 |
0.253 |
23.8 |
2.74 |
0.541 |
1,040 |
16.1 |
|
34.4 |
|
30.0 |
Acute |
658 |
0.581 |
212 |
4.32 |
17.0 |
2,000 |
169 |
0.40 |
53.5 |
Chronic |
263 |
0.290 |
27.6 |
3.20 |
0.664 |
1,100 |
18.8 |
|
40.5 |
|
40.0 |
Acute |
975 |
0.761 |
269 |
5.67 |
23.5 |
2,200 |
216 |
0.66 |
69.5 |
Chronic |
391 |
0.360 |
35.0 |
4.09 |
0.916 |
1,220 |
24.0 |
|
52.7 |
|
50.0 |
Acute |
1,320 |
0.938 |
323 |
6.99 |
30.1 |
2,370 |
260 |
0.98 |
85.2 |
Chronic |
530 |
0.426 |
42.0 |
4.95 |
1.17 |
1,310 |
28.9 |
|
64.5 |
|
60.0 |
Acute |
1,700 |
1.11 |
375 |
8.30 |
36.9 |
2,520 |
304 |
1.3 |
100 |
Chronic |
681 |
0.489 |
48.8 |
5.79 |
1.44 |
1,390 |
33.8 |
|
76.2 |
|
70.0 |
Acute |
2,100 |
1.28 |
425 |
9.60 |
43.7 |
2,650 |
346 |
1.7 |
116 |
Chronic |
841 |
0.549 |
55.3 |
6.60 |
1.70 |
1,460 |
38.5 |
|
87.6 |
|
80.0 |
Acute |
2,520 |
1.46 |
474 |
10.9 |
50.6 |
2,770 |
388 |
2.2 |
131 |
Chronic |
1,010 |
0.607 |
61.7 |
7.40 |
1.97 |
1,530 |
43.0 |
|
98.9 |
|
90.0 |
Acute |
2,960 |
1.62 |
523 |
12.2 |
57.6 |
2,880 |
428 |
2.7 |
145 |
Chronic |
1,190 |
0.664 |
68.0 |
8.18 |
2.24 |
1,590 |
47.6 |
|
110 |
|
100 |
Acute |
3,420 |
1.79 |
570 |
13.4 |
64.6 |
2,980 |
468 |
3.2 |
160 |
Chronic |
1,370 |
0.718 |
74.1 |
8.96 |
2.52 |
1,650 |
52.0 |
|
121 |
|
200 |
Acute |
8,840 |
3.43 |
1,000 |
25.8 |
136 |
3,760 |
842 |
10 |
300 |
Chronic |
3,540 |
1.21 |
131 |
16.2 |
5.30 |
2,080 |
93.5 |
|
228 |
|
220 |
Acute |
10,100 |
3.74 |
1,090 |
28.2 |
151 |
3,880 |
912 |
12 |
328 |
Chronic |
4,030 |
1.30 |
141 |
17.6 |
5.87 |
2,140 |
101 |
|
248 |
|
300 |
Acute |
|
5.00 |
1,400 |
37.8 |
208 |
4,300 |
1,190 |
21 |
434 |
Chronic |
|
1.64 |
182 |
22.9 |
8.13 |
2,380 |
132 |
|
329 |
|
400 and above |
Acute |
|
6.54 |
1,770 |
49.6 |
281 |
4,740 |
1,510 |
35 |
564 |
Chronic |
|
2.03 |
231 |
29.3 |
10.9 |
2,620 |
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 |
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 |
|
|
|
|
|
90 |
|
Acrolein |
107-02-8 |
18 |
|
|
|
3.0 |
3.0 |
400 |
|
Acrylonitrile |
107-13-1 |
0.65 |
|
|
|
|
|
70 |
C |
Aldrin |
309-00-2 |
0.021 |
|
|
|
3.0 |
|
0.0000077 |
C,P |
Anthracene |
120-12-7 |
10,500 |
|
|
|
|
|
400 |
|
Benzene |
71-43-2 |
5 |
|
|
|
|
|
160 |
C |
Benzidine |
92-87-5 |
0.0015 |
|
|
|
|
|
0.11 |
C |
Benzo(a)anthracene |
56-55-3 |
0.048 |
|
|
|
|
|
0.013 |
C |
Benzo(a)pyrene |
50-32-8 |
0.2 |
|
|
|
|
|
0.0013 |
C,P |
Benzo(b)fluoranthene |
205-99-2 |
0.048 |
|
|
|
|
|
0.013 |
C |
Benzo(k)fluoranthene |
207-08-9 |
0.048 |
|
|
|
|
|
0.13 |
C |
alpha-BHC |
319-84-6 |
0.056 |
|
|
|
|
|
0.0039 |
C |
beta-BHC |
319-85-7 |
0.091 |
|
|
|
|
|
0.14 |
C |
gamma-BHC (Lindane) |
58-89-9 |
0.20 |
|
|
|
0.95 |
|
4.4 |
|
Bis(2-chloroethyl) ether |
111-44-4 |
0.30 |
|
|
|
|
|
22 |
C |
Bis(2-chloro-1-methylethyl) ether |
108-60-1 |
1,400 |
|
|
|
|
|
4,000 |
|
Bis(2-ethylhexyl) phthalate |
117-81-7 |
6 |
|
|
|
|
|
3.7 |
C |
Bis(chloromethyl) ether |
542-88-1 |
|
|
|
|
|
|
0.17 |
C |
75-25-2 |
44 |
|
|
|
|
|
1,200 |
C |
|
Butylbenzyl phthalate |
85-68-7 |
7,000 |
|
|
|
|
|
1 |
C |
Carbaryl |
63-25-2 |
|
|
|
|
2.1 |
2.1 |
|
|
Carbon tetrachloride |
56-23-5 |
5 |
|
|
|
|
|
50 |
C |
Chlordane |
57-74-9 |
2 |
|
|
|
2.4 |
0.0043 |
0.0032 |
C,P |
Chlorobenzene |
108-90-7 |
100 |
|
|
|
|
|
800 |
|
Chlorodibromomethane |
124-48-1 |
4.2 |
|
|
|
|
|
210 |
C |
Chloroform |
67-66-3 |
57 |
|
|
|
|
|
2,000 |
|
Chlorpyrifos |
2921-88-2 |
|
|
|
|
0.083 |
0.041 |
|
|
2-Chloronaphthalene |
91-58-7 |
2,800 |
|
|
|
|
|
1,000 |
|
2-Chlorophenol |
95-57-8 |
175 |
|
|
|
|
|
800 |
|
Chrysene |
218-01-9 |
0.048 |
|
|
|
|
|
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 |
|
|
Dibenzo(a,h)anthracene |
53-70-3 |
0.048 |
|
|
|
|
|
0.0013 |
C |
Dibutyl phthalate |
84-74-2 |
3,500 |
|
|
|
|
|
30 |
|
1,2-Dichlorobenzene |
95-50-1 |
600 |
|
|
|
|
|
3,000 |
|
1,3-Dichlorobenzene |
541-73-1 |
469 |
|
|
|
|
|
10 |
|
1,4-Dichlorobenzene |
106-46-7 |
75 |
|
|
|
|
|
900 |
|
3,3'-Dichlorobenzidine |
91-94-1 |
0.78 |
|
|
|
|
|
1.5 |
C |
Dichlorobromomethane |
75-27-4 |
5.6 |
|
|
|
|
|
270 |
C |
1,2-Dichloroethane |
107-06-2 |
5 |
|
|
|
|
|
6,500 |
C |
1,1-Dichloroethylene |
75-35-4 |
7 |
|
|
|
|
|
20,000 |
|
2,4-Dichlorophenol |
120-83-2 |
105 |
|
|
|
|
|
60 |
|
1,2-Dichloropropane |
78-87-5 |
5.0 |
|
|
|
|
|
310 |
C |
1,3-Dichloropropene |
542-75-6 |
3.5 |
|
|
|
|
|
120 |
C |
Dieldrin |
60-57-1 |
0.022 |
|
|
|
0.24 |
0.056 |
0.000012 |
C,P |
Diethyl phthalate |
84-66-2 |
28,000 |
|
|
|
|
|
600 |
|
Dimethyl phthalate |
131-11-3 |
350,000 |
|
|
|
|
|
2,000 |
|
2,4-Dimethylphenol |
105-67-9 |
700 |
|
|
|
|
|
3,000 |
|
Dinitrophenols |
25550-58-7 |
|
|
|
|
|
|
1,000 |
|
2,4-Dinitrophenol |
51-28-5 |
70 |
|
|
|
|
|
300 |
|
2,4-Dinitrotoluene |
121-14-2 |
1.1 |
|
|
|
|
|
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 |
30 |
|
beta-Endosulfan |
33213-65-9 |
62 |
|
|
|
0.22 |
0.056 |
40 |
|
Endosulfan sulfate |
1031-07-8 |
62 |
|
|
|
|
|
40 |
|
Endrin |
72-20-8 |
2 |
|
|
|
0.086 |
0.036 |
0.03 |
|
Endrin aldehyde |
7421-93-4 |
10.5 |
|
|
|
|
|
1 |
|
Ethylbenzene |
100-41-4 |
700 |
|
|
|
|
|
130 |
|
Fluoranthene |
206-44-0 |
1,400 |
|
|
|
|
|
20 |
|
Fluorene |
86-73-7 |
1,400 |
|
|
|
|
|
70 |
|
Guthion |
86-50-0 |
|
|
|
|
|
0.01 |
|
|
Heptachlor |
76-44-8 |
0.40 |
|
|
|
0.52 |
0.0038 |
0.000059 |
C |
Heptachlor epoxide |
1024-57-3 |
0.20 |
|
|
|
0.52 |
0.0038 |
0.00032 |
C |
Hexachlorobenzene |
118-74-1 |
1 |
|
|
|
|
|
0.00079 |
C,P |
Hexachlorobutadiene |
87-68-3 |
4.5 |
|
|
|
|
|
0.1 |
C |
Hexachlorocyclohexane (HCH)-Technical |
608-73-1 |
|
|
|
|
|
|
0.1 |
C |
Hexachlorocyclopen-tadiene |
77-47-4 |
50 |
|
|
|
|
|
4 |
|
Hexachloroethane |
67-72-1 |
25 |
|
|
|
|
|
1 |
C |
Ideno(1,2,3-cd)pyrene |
193-39-5 |
0.048 |
|
|
|
|
|
0.013 |
C |
Isophorone |
78-59-1 |
368 |
|
|
|
|
|
18,000 |
C |
Malathion |
121-75-5 |
|
|
|
|
|
0.1 |
|
|
Methoxychlor |
72-43-5 |
|
|
|
|
|
0.03 |
0.02 |
|
Methyl bromide |
74-83-9 |
49 |
|
|
|
|
|
10,000 |
|
3-Methyl-4-chlorophenol |
59-50-7 |
|
|
|
|
|
|
2,000 |
|
2-Methyl-4,6-dinitrophenol |
534-52-1 |
14 |
|
|
|
|
|
30 |
|
Methylene chloride |
75-09-2 |
5 |
|
|
|
|
|
10,000 |
C |
Mirex |
2385-85-5 |
|
|
|
|
|
0.001 |
|
|
Nitrobenzene |
98-95-3 |
18 |
|
|
|
|
|
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 |
|
|
|
|
|
|
|
|
|
|
|
|
Pentachlorobenzene |
608-93-5 |
|
|
|
|
|
|
0.1 |
|
Pentachlorophenol |
87-86-5 |
1.0 |
|
|
|
19 |
15 |
0.4 |
C |
Phenol |
108-95-2 |
10,500 |
|
|
|
|
|
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 |
|
|
|
|
|
30 |
|
1,2,4,5-Tetrachlorobenzene |
95-94-3 |
|
|
|
|
|
|
0.03 |
|
1,1,2,2-Tetrachloroethane |
79-34-5 |
1.8 |
|
|
|
|
|
30 |
C |
Tetrachloroethylene |
127-18-4 |
5 |
|
|
|
|
|
290 |
C,P |
Toluene |
108-88-3 |
1,000 |
|
|
|
|
|
520 |
|
8001-35-2 |
3 |
|
|
|
0.73 |
0.0002 |
0.0071 |
C |
|
1,2-Trans-dichloroethylene |
156-60-5 |
100 |
|
|
|
|
|
4,000 |
|
Tributyltin (TBT) |
Various |
|
|
|
|
0.46 |
0.072 |
|
|
1,2,4-Trichlorobenzene |
120-82-1 |
70 |
|
|
|
|
|
0.76 |
C |
1,1,1-Trichloroethane |
71-55-6 |
200 |
|
|
|
|
|
200,000 |
|
1,1,2-Trichloroethane |
79-00-5 |
5 |
|
|
|
|
|
89 |
C |
Trichloroethylene |
79-01-6 |
5 |
|
|
|
|
|
70 |
C |
2,4,5-Trichlorophenol |
95-95-4 |
|
|
|
|
|
|
600 |
|
2,4,6-Trichlorophenol |
88-06-2 |
32 |
|
|
|
|
|
28 |
C |
2-(2,4,5-Trichlorophenoxy)propionic acid (Silvex) |
93-72-1 |
|
|
|
|
|
|
400 |
|
Vinyl chloride |
75-01-4 |
2 |
|
|
|
|
|
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. 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.
E. United
States geological survey. 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. 545 p.
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 United
States Geological Survey. Washington, D.C. 80 p.
G. United
States environmental protection agency. 1983.
Methods For Chemical Analysis Of Water And Wastes. Office of research and
development, Washington, DC. (EPA/600/4-79/020). 491 p.
H. New Mexico water quality control
commission. 2020. State Of New Mexico Water Quality Management
Plan and Continuing Planning Process.
Santa Fe, New Mexico. 277 p.
I. Colorado
river basin salinity control forum. 2020. 2020 Review, Water Quality Standards For
Salinity, Colorado River System.
Phoenix, Arizona. 97 p.
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.
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.
L. 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). 335 p.
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. 232 p.
N. United
States environmental protection agency.
1984. Technical Support Manual: Waterbody Surveys
And Assessments For Conducting Use Attainability Analyses, Volume III:
Lake Systems. Office of water, regulations and standards,
Washington, D.C. 208 p.
[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]
HISTORY of 20.6.4
NMAC:
Pre-NMAC History:
Material in the part was derived from that previously filed with the
commission of public records - state records center and archives:
WQC 67-1, Water Quality Standards, filed 7/17/1967, effective 8/18/1967
WQC 67-1, Amendment Nos. 1-6, filed 3/21/1968, effective 4/22/1968
WQC 67-1, Amendment No. 7, filed 2/27/1969, effective 3-30/1969
WQC 67-1, Amendment No. 8, filed 7/14/1969, effective 8/15/1969
WQC 70-1, Water Quality Standards for Intrastate Waters and Tributaries
to Interstate Streams, filed July 17, 1970;
WQC 67-1, Amendment Nos. 9 and 10, filed 2/12/1971, effective 3/15/1971
WQC 67-1, Amendment No. 11, filed 3/4/1971, effective 4/5/1971
WQC 73-1, New Mexico Water Quality Standards, filed 9/17/1973, effective
10/23/1973
WQC 73-1, Amendment Nos. 1 and 2, filed 10/3/1975, effective 11/4/1975
WQC 73-1, Amendment No. 3, filed 1/19/1976, effective 2/14/1976
WQC 77-2, Amended Water Quality Standards for Interstate and Intrastate
Streams in New Mexico, filed 2/24/1977, effective 3/11/1977
WQC 77-2, Amendment No. 1, filed 3/23/1978, effective 4/24/1978
WQC 77-2, Amendment No. 2, filed 6/12/1979, effective 7/13/1979
WQCC 80-1, Water Quality Standards for Interstate and Intrastate Streams
in New Mexico, filed 8/28/1980, effective 9/28/1980
WQCC 81-1, Water Quality Standards for Interstate and Intrastate Streams
in New Mexico, filed 5/5/1981, effective 6/4/1981
WQCC 81-1, Amendment No. 1, filed 5/19/1982, effective 6/18/1982
WQCC 81-1, Amendment No. 2, filed 6/24/1982, effective 7/26/1982
WQCC 85-1, Water Quality Standards for Interstate and Intrastate Streams
in New Mexico, filed 1/16/1985, effective 2/15/1985
WQCC 85-1, Amendment No. 1, filed 8/28/1987, effective 9/28/1987
WQCC 88-1, Water Quality Standards for Interstate and Intrastate Streams
in New Mexico, filed 3/24/1988, effective 4/25/1988
WQCC 91-1, Water Quality Standards for Interstate and Intrastate Streams
in New Mexico, filed 5/29/1991, effective 6/29/1991
WQCC 91-1, Amendment No. 1, filed 10/11/1991, effective 11/12/1991
History of the
Repealed Material:
WQC 67-1, Water Quality Standards, - Superseded, 10/23/1973
WQC 73-1, New Mexico Water Quality Standards, - Superseded, 3/11/1977
WQC 77-2, Amended Water Quality Standards for Interstate and Intrastate
Streams in New Mexico, - Superseded, 9/28/1980
WQCC 80-1, Water Quality Standards for Interstate and Intrastate Streams
in New Mexico, - Superseded, 6/4/1981
WQCC 81-1, Water Quality Standards for Interstate and Intrastate Streams
in New Mexico, - Superseded, 2/15/1985
WQCC 85-1, Water Quality Standards for Interstate and Intrastate Streams
in New Mexico, - Superseded, 4/25/1988
WQCC 88-1, Water Quality Standards for Interstate and Intrastate Streams
in New Mexico, - Superseded, 6/29/1991
WQCC 91-1, Water Quality Standards for Interstate and Intrastate Streams
in New Mexico, - Superseded, 1/23/1995
20 NMAC 6.1, Standards for Interstate and Intrastate Streams, - Repealed,
2/23/2000
20 NMAC 6.1, Standards for Interstate and Intrastate Surface Waters, -
Repealed, 10/12/2000