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Rules of Department of Natural Resources: Division 20, Chapter 7

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Rules of Department of Natural Resources: Division 20, Chapter 7 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. June 7, 2021 Rules of Department of Natural Resources: Division 20- Chapter 7 - 10 CSR 20- 7.010 - 10 CSR 20-7.050 Effective April 6, 2021 The attached WQS document is in effect for Clean Water Act purposes with the exception of the following provisions: April 6, 2021 Action Letter All text in strikeout has been disapproved by EPA. EPA disapproved the following provisions: • 10 CSR 20-7.031(5)(E): EPA disapproved revisions to the pH definition: pH. Water contaminants shall not cause [pH] the four- (4-) day average pH concentration of representative samples to be outside of the range of 6.5 to 9.0 standard pH units (chronic toxicity) • Table J – EPA has disapproved the placeholder for “Water Quality Standards Variances” for Kirksville WWTP. November 17, 2015 Action Letter All text in strikeout has been disapproved by EPA. • 10 CSR 20-7.031(12)(A)—EPA disapproved references to [sections 644.061 and 644.062, RSMo] appearing in the opening paragraph of 10 CSR 20-7.031(12)(A): (12) Variances. (A) A permittee or an applicant for a National Pollutant Discharge Elimination System (NPDES) or Missouri state operating permit, may pursue a temporary variance to a water quality standard pursuant to either section 644.061 or section 644.062, RSMo. In order to obtain U.S. Environmental Protection Agency approval for a water quality standards variance for purposes of the federal Clean Water Act, the following additional provisions apply: January 5, 2015 Action Letter • No action taken on changing the designated use of the 28.3 mile portion of the Mississippi River designated by the state for secondary contact recreation (SCR) but not Whole Body Contact (WBC). October 22, 2014 Action Letter EPA reaffirmed previous disapproval of September 27, 2013: • Removal of WBC and assignment of SCR in 35 instances where (1) no UAA was submitted to the EPA demonstrating that WBC is unattainable, (2) the submitted data and analyses were not technically and scientifically defensible as required by 40 CFR § 131.5(a)(4), or (3) sources of information other than the UAA (e.g., public comments; previous studies; drought maps; aerial images) contradicted or cast uncertainty on the state's findings (see below). • The assignment of SCR to six stream segments previously lacking a recreational use designation, where (1) no UAA was submitted to the EPA demonstrating that WBC is unattainable (2) the submitted data and analyses were not technically and scientifically defensible as required by 40 CFR § 131.5(a)(4), or (3) sources of information other than the UAA contradicted or cast uncertainty on the state's findings (see below). Previously Disapproved – Segments downgraded from WBC-B to SCR WBID Water Body Name Missouri Proposed EPA Decision Designated Change Use in Effect 2436 Bee Creek Removal of WBC-B Disapproved WBC-B 0220 Belleau Creek Removal of WBC-B Disapproved WBC-B 1762 Bloom Creek Removal of WBC-B Disapproved WBC-B 0033 Brushy Fork Removal of WBC-B Disapproved WBC-B 3449 Cedar Creek Removal of WBC-B Disapproved WBC-B 0940 Dry Creek Removal of WBC-B Disapproved WBC-B 0953 Dry Fork Removal of WBC-B Disapproved WBC-B 1717 Glaize Creek Removal of WBC-B Disapproved WBC-B 2153 Goose Creek Removal of WBC-B Disapproved WBC-B 2212 Horrel Creek Removal of WBC-B Disapproved WBC-B 1855 Lick Creek Removal of WBC-B Disapproved WBC-B 1057 Little Bear Creek Removal of WBC-B Disapproved WBC-B 2063 Little Bourbeuse River Removal of WBC-B Disapproved WBC-B 1721 Little Creek Removal of WBC-B Disapproved WBC-B 3115 Main Ditch Removal of WBC-B Disapproved WBC-B 0742 Manacle Creek Removal of WBC-B Disapproved WBC-B 1725 McMullen Branch Removal of WBC-B Disapproved WBC-B 1735 Muddy Creek Removal of WBC-B Disapproved WBC-B 2873 Musco Creek Removal of WBC-B Disapproved WBC-B 1780 Nations Creek Removal of WBC-B Disapproved WBC-B 0887 Otter Creek Removal of WBC-B Disapproved WBC-B 0741 Owl Creek Removal of WBC-B Disapproved WBC-B 1127 Rainy Creek Removal of WBC-B Disapproved WBC-B 3623 Rocky Branch Removal of WBC-B Disapproved WBC-B 1146 Sellers Hollow Removal of WBC-B Disapproved WBC-B 0087 Sharpsburg Branch Removal of WBC-B Disapproved WBC-B 0098 South Spencer Creek Removal of WBC-B Disapproved WBC-B 0224 Spencer Creek Removal of WBC-B Disapproved WBC-B 1531 Tick Creek Removal of WBC-B Disapproved WBC-B 3497 Tributary to Coon Creek Removal of WBC-B Disapproved WBC-B 3498 Tributary to Coon Creek Removal of WBC-B Disapproved WBC-B 2065 Tributary to Little Removal of WBC-B Disapproved WBC-B Bourbeuse River 2439 West Fork Roark Creek Removal of WBC-B Disapproved WBC-B 3136 Wolf Hole Lateral Removal of WBC-B Disapproved WBC-B 0718 Youngs Creek Removal of WBC-B Disapproved WBC-B Previously Disapproved – Segments previously lacking a recreational use but now designated for SCR WBID Water Body Name Missouri Proposed EPA Decision Designated Change Use in Effect 3163 Dry Hollow SCR designation Disapproved None 3335 Fenton Creek SCR designation Disapproved None 3610 Flinger Branch SCR designation Disapproved None 1571 Stream Mill Hollow SCR designation Disapproved None 1686 Tributary to Busch Creek SCR designation Disapproved None 0992 Tributary to South SCR designation Disapproved None Moreau Creek Provisions on which EPA took no action: EPA took no action on (1) hydrological descriptors and other non-WQS elements included in MUDD (version 1.0), (2) new regulatory language found at 10 CSR 20-7.031(2)(D)2 allowing uses to be assigned on a case-by-case basis to waters not otherwise represented in Tables G, Table H and/or MUDD (version 1.0), (3) the administrative procedure described at 10 CSR 20-7.031(2)(D)3 for exempting certain waters from the application of Section 101(a)(2) uses and other uses recognized by the state and (4) new requirements presented at 10 CSR20-7.031(2)(F) for performing, reviewing and applying use attainability analyses. As written, these provisions do not constitute WQS and are not subject to federal approval or disapproval under Section 303(c) of the CWA and 40 CFR §§ 130 and 131. August 16, 2011 Action Letter • EPA disapproved the following provisions: o Removal of Whole Body Contact-Category B Use Designations on 17 waterbodies: . Bear Creek (WBID 1220) . Campbell Creek (WBID 0491) . Hickory Creek (WBID 0442) . Lindley Creek (WBID 1437) . Pike Creek (WBID 2815) . Reid Creek (WBID 3410) . Rollins Creek (WBID 0382) . Scott Br. (WBID 0952) . Tributary to Cape La Croix (WBID 1837) . Tributary to Clark Creek (WBID 0791) . Tributary to Wildcat Creek (WBID 0484) . Truitt Creek (WBID 3175) . Douger Branch (WBID 3810) . Menorkenut Slough (WBID 2771) . Deberry Creek (WBID 1156) . St. Johns Ditch (WBID 3707) . Modoc Creek (WBID 3821) o SCR Use Designations on 4 waterbodies: . Coon Creek (WBID 0187) . Mississippi River (WBID 1707.02) . River des Peres (WBID 1710) . Wamsley Creek (WBID 505) o Removal of Irrigation Use on the Mississippi River (WBID 1707.03) Rules of Department of Natural Resources Division 20—Clean Water Commission Chapter 7—Water Quality Title Page 10 CSR 20-7.010 Prevention of Pollution from Wells to Subsurface Waters of the State (Rescinded July 10, 1980) ...................................................................3 10 CSR 20-7.015 Effluent Regulations............................................................................3 10 CSR 20-7.020 Effluent Regulations (Rescinded July 10, 1980) .........................................11 10 CSR 20-7.030 Water Quality Standards (Rescinded December 11, 1977).............................11 10 CSR 20-7.031 Water Quality Standards .....................................................................11 10 CSR 20-7.050 Methodology for Development of Impaired Waters List ..............................130 JOHN R. ASHCROFT (1/29/19) CODE OF STATE REGULATIONS 1 Secretary of State Chapter 7—Water Quality 10 CSR 20-7 Title 10—DEPARTMENT OF 4. Representative sample— a small quan- the losing section and which occur within two NATURAL RESOURCES tity whose characteristics represent the nature (2) miles upstream of the losing section of the Division 20—Clean Water Commission and volume of the whole as described in 40 stream shall be considered releases to a losing Chapter 7—Water Quality CFR Part 122.48 September 26, 1984, as pub- stream. A list of known losing streams is avail- lished by the Office of the Federal Resister, able in the Water Quality Standards, 10 CSR 10 CSR 20-7.010 Prevention of Pollution National Archives and Records Administra- 20-7.031 Table J—Losing Streams. Other from Wells to Subsurface Waters of the tion, 700 Pennsylvania Avenue, Washington, streams may be determined to be losing by the State DC 20408 which is hereby incorporated by department (section (4) of this rule); (Rescinded July 10, 1980) reference and does not include later amend- 4. Metropolitan no-discharge streams. ments or additions. These streams and the limitations on dis- AUTHORITY: section 204.026, RSMo 1978. 5. Toxic Unit—a measure of effluent charging to them are listed in Table F of 10 Original rule filed June 19, 1974, effective toxicity generally expressed as acute toxicity CSR 20-7.031 Water Quality Standards; June 29, 1974. Amended: Filed April 1, unit or chronic toxicity unit. The larger the 5.
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