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Title 117 – Nebraska Department of Environmental Quality

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Title 117 – Nebraska Department of Environmental Quality Presented below are water quality standards that are in effect for Clean Water Act purposes. EPA is posting these standards as a convenience to users and has made a reasonable effort to assure their accuracy. Additionally, EPA has made a reasonable effort to identify parts of the standards that are not approved, disapproved, or are otherwise not in effect for Clean Water Act purposes. September 20, 2019 Nebraska Administrative Code, Title 117 – Nebraska Department of Environmental Quality Effective September 5, 2019 The attached water quality standards are in effect for Clean Water Act Purposes, with the following exceptions, for which EPA has deferred action. The following are not in effect for Clean Water Act purposes: • Chapter 4-003.02B2 (page 4-20) In its December 13, 2014, revisions, Nebraska revised paragraph 003.02B6 to move the site specific chloride criteria for Salt Creek Segments LP2-10000 and LP2-20000 from 003.02B6 to the renumbered 003.02B2, a site-specific chloride criteria paragraph. Oak Lake (lake LP2- L0060) was also added to this paragraph, as was a revision to add LP2 in front of the Holmes Creek segment number to correct this omission. Nebraska’s submission also included implementation procedures to support approval of natural background criteria for chloride in certain water bodies that the EPA had deferred action from previous WQS submissions. Review by staff have indicated that these implementation procedures may have some unintended consequences, thus, the NDEQ requested the EPA to continue to defer action on the natural background criteria for chloride until the implementation procedures have been revised as necessary by the NDEQ. Pursuant to the NDEQ’s request, the EPA will continue to defer action on revised paragraph 003.02B6 pending submission by the State of scientifically defensible implementation procedures that support site-specific background concentrations of chloride for these waters. • Chapter 4-003.05—EPA disapproved the sentence in strike out. The sentence is not in effect for CWA purposes: “Chlorophyll a represents the desired biological condition (response) and is generally influenced by the amount of phosphorus and nitrogen (cause). Thus, if the chlorophyll a criterion is met, total phosphorus or total nitrogen values above the listed values will not be considered to violate their respective criteria.” (page 4-35) • Chapter 4-004.01B— EPA has not approved the sentence in strike out. The sentence is not in effect for Clean Water Act purposes: “Numerical criteria for the parameters listed below shall not be exceeded. Any substance introduced directly or indirectly by human activity shall not be allowed to enter surface water if one or more of the following numerical standards would be exceeded. The numerical standards listed below are intended to protect beneficial use of public drinking water supply. If the natural background level of a parameter is greater than the numerical standard, this shall not in and of itself prohibit the use of the surface water. If the natural background level of a parameter is greater than the numerical standard listed below, the background level shall be used in place of the numerical criteria.” (page 4-36) • Chapter 4-003.01C1—EPA deferred action on the chronic mercury criterion of 0.77 μg/L in 2009; 0.051 μg/L (the previous criterion) is the criterion value in effect for CWA purposes. (page 4-5) September 20, 2019 • Chapter 7-004.01A— EPA has not approved the word in strike out. The word is not in effect for CWA purposes: “Water quality criteria are established to protect assigned beneficial uses. However, traditional water quality parameters in wetlands such as pH, temperature, dissolved oxygen, ammonia, chloride, and conductivity may naturally vary outside accepted ranges for other surface waters. Water quality criteria for specific wetlands or wetland complexes, except numerical criteria for toxic substances (paragraph 004.01C1), petroleum oil (paragraph 004.01D), and residual chlorine (paragraph 004.01F), shall be based on natural background values for traditional water quality parameters. However, these criteria shall be no more stringent than those associated with the Class B Warmwater Aquatic Life classification or the General Criteria for Aquatic Life of Chapter 4, Paragraphs 003.01A, 003.01B, 003.01G, and 003.04B” (p. 7-3) The following provisions are in effect for Clean Water Act purposes, however the following EPA- approved aquatic life criteria remain subject to Endangered Species Act (ESA) consultation: • Chapter 4-003.01C3: Adoption of the new CWA 304(a) recommendation for selenium (p. 4-11) • Chapter 4-003.03B and 003.04B: Incorporation of the new 304(a) recommendation for cadmium (p. 4-25, 4-32) • Chapter 7, Section 004.01C3: Adoption of the new CWA 304(a) recommendation for selenium (wetlands) (p. 7-5, 7-7) The following are a list of non-substantive changes to water quality standards. They do not require EPA approval because they do not constitute new or revised WQS. • Nebraska Executive Order 17-04 addressing regulatory reform • Chapter 1: Definition of Terms • Chapter 4: Corrected pollutant names, deletion of 003.03B2 and 003.03C2 (identical), and 003.04B2 and 003.04C2 (identical) and combing those paragraphs into paragraphs 003.03B and 003.04B • Chapter 5: Removed maps • Chapter 6: Changed the name of Alliance City Lake (NI4-L0060) to Laing Lake NEBRASKA ADMINISTRATIVE CODE Title 117 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY Chapter 1 - DEFINITION OF TERMS 001 The following terms are defined in Neb. Rev. Stat. §81-1502: Department, Garbage, Junk, Point Source, Refuse, Rubbish, and Water Pollution. 002 “Acute Criteria” means the threshold concentration of a substance that aquatic organisms can be exposed to for a period of 96 hours or less with no resulting acute toxicity. 003 “Acute Mixing Zone” means the limited area or volume of a waterbody, as designated by the Department, which adjoins a point source discharge, where acute criteria may be exceeded while wastewaters which have received the applicable level of treatment or control are allowed to assimilate, disperse, dissipate, or undergo chemical transformation. 004 “Acute Toxicity” means the response of an aquatic organism to a concentration of a substance which results in injury or mortality within a period of 96 hours or less. 005 “Acute Toxic Units (TUa)” means the reciprocal of the effluent dilution that causes an acute effect (e.g., LC50) to the test organism by the end of the acute exposure period. 006 “Applicable Level of Treatment or Control” means that treatment or control which is required by Title 119 - Rules and Regulations Pertaining to the Issuance of Permits under the National Pollutant Discharge Elimination System; Title 120 - Procedures Pursuant to Section 401 of the Federal Clean Water Act, 33 U.S.C. § 1251 Et Seq., for Certification by the Department of Activities Requiring a Federal License or Permit which may Result in a Discharge; or which is otherwise specified by the Department considering best available technology and management practices. 007 “Beneficial Use” means any productive use of surface waters for which water quality is protected. Beneficial uses include but are not limited to agricultural, industrial, and public water supplies; support and propagation of fish, and other aquatic life; recreation in and on the water; and aesthetics. Waste assimilation, disposal, or transport are not beneficial uses. 008 “Bioassay” means a test used to evaluate the relative toxicity of a substance by comparing its effect on a living organism to the effect of a standard preparation (control) on the same type of organism. Effective Date: June 24, 2019 1-1 Title 117 Chapter 1 009 “Canal” means an artificial waterway constructed for the purpose of developing water power, or any other useful purpose, and from which water can be taken for irrigation. 010 “Chronic Criteria” means the threshold concentration of a substance that aquatic organisms can be exposed to for a period exceeding 96 hours with no resulting chronic toxicity. 011 “Chronic Mixing Zone” means the limited area or volume of a waterbody, as designated by the Department, which adjoins a point source discharge, where chronic criteria may be exceeded while wastewaters which have received the applicable level of treatment or control are allowed to assimilate, disperse, dissipate, or undergo chemical transformation. 012 “Chronic Toxicity” means the response of an aquatic organism to a concentration of a substance which results in adverse effects such as injury, mortality, reduced growth, or impaired reproduction after period of exposure exceeding 96 hours. 013 “Chronic Toxic Units (TUc)” means the reciprocal of the effluent dilution that causes no chronic toxicity to the test organisms by the end of the chronic exposure period. 014 “Clean Water Act” is the federal law codified at 33 U.S.C. §1251 et seq. 015 “Colloidal Substances” means clay or other substances which do not settle out of suspension in water without the use of a flocculent. 016 “Conductivity” means a measure of the ability of water to conduct an electrical current which is expressed in micromhos per centimeter. Conductivity is related to the number and types of chemical ions or dissolved solids in solution. 017 “Cubic Foot per Second (cfs)” means the unit of measurement used in reporting stream discharge, sometimes referred to as second-foot (sec-ft). It is a volume of one cubic foot passing a given point during one second of time and is equivalent to 7.48 gallons per second or 448.8 gallons per minute. 018 “Daily Mean” means an average of at least two appropriately spaced measurements, as determined by the Department, calculated over a period of one day. In calculating the daily mean for dissolved oxygen, values used in the calculations shall not exceed the dissolved oxygen air saturation value.
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