July 15, 2021 Proposed Rules MISSOURI Vol. 46, No. 14 REGISTER graph (4)([I]J)2. For substances not listed in Tables A1, A2, and B1, nder this heading will appear the text of proposed rules three-tenths (0.3) of the median lethal concentration, or the no Uand changes. The notice of proposed rulemaking is observed acute effect concentration for representative species, may required to contain an explanation of any new rule or any be used to determine absence of acute toxicity. change in an existing rule and the reasons therefor. This is set [(C) Designated uses—Uses specified for each water body out in the Purpose section with each rule. Also required is a whether or not they are being attained. Uses are designated citation to the legal authority to make rules. This appears fol- according to section (2) of this rule and include, but are not lowing the text of the rule, after the word “Authority.” limited to— ntirely new rules are printed without any special symbol- 1. Protection and propagation of fish, shellfish, and Eogy under the heading of proposed rule. If an existing wildlife. Streams will be designated to one (1) of the follow- rule is to be amended or rescinded, it will have a heading of ing aquatic habitat protection uses based on watershed size, proposed amendment or proposed rescission. Rules which scale within the stream network, and other hydrological and are proposed to be amended will have new matter printed in physical data. Lakes and reservoirs will be designated to one boldface type and matter to be deleted placed in brackets. (1) of the following aquatic habitat protection uses based on n important function of the Missouri Register is to solicit limnological characteristics (such as temperature) and bio- Aand encourage public participation in the rulemaking logical assemblages. process. The law provides that for every proposed rule, A. Warm Water Habitat (WWH)—Waters in which nat- amendment, or rescission there must be a notice that anyone urally-occurring water quality and habitat conditions allow may comment on the proposed action. This comment may the maintenance of a wide variety of warm-water biota. take different forms. (I) Great River (II) Large River f an agency is required by statute to hold a public hearing (III) Small River before making any new rules, then a Notice of Public Hear- I (IV) Creek ing will appear following the text of the rule. Hearing dates (V) Headwater must be at least thirty (30) days after publication of the notice (VI) Lake or reservoir in the Missouri Register. If no hearing is planned or required, B. Cool Water Habitat (CLH)—Waters in which natu- the agency must give a Notice to Submit Comments. This rally-occurring water quality and habitat conditions allow the allows anyone to file statements in support of or in opposition maintenance of a wide variety of cool-water biota. These to the proposed action with the agency within a specified time, waters can support a sensitive, high-quality sport fishery no less than thirty (30) days after publication of the notice in (i.e., smallmouth bass and rock bass). the Missouri Register. (I) Large River n agency may hold a public hearing on a rule even (II) Small River Athough not required by law to hold one. If an agency (III) Creek allows comments to be received following the hearing date, (IV) Headwater the close of comments date will be used as the beginning day (V) Lake or reservoir in the ninety- (90-) day-count necessary for the filing of the C. Cold Water Habitat (CDH)—Waters in which natu- order of rulemaking. rally-occurring water quality and habitat conditions allow the f an agency decides to hold a public hearing after planning maintenance of a wide variety of cold-water biota. These Inot to, it must withdraw the earlier notice and file a new waters can support a naturally reproducing or stocked trout notice of proposed rulemaking and schedule a hearing for a fishery and populations of other cold-water species. date not less than thirty (30) days from the date of publication (I) Large River of the new notice. (II) Small River (III) Creek Proposed Amendment Text Reminder: (IV) Headwater Boldface text indicates new matter. (V) Lake or reservoir [Bracketed text indicates matter being deleted.] D. Ephemeral Aquatic Habitat (EAH)—Waters having surface flow or pools in response to precipitation events or Title 10—DEPARTMENT OF NATURAL RESOURCES snow melt, but without permanent surface flow or perma- Division 20—Clean Water Commission nent pools; naturally-occurring water quality and habitat con- Chapter 7—Water Quality ditions may allow the maintenance of a limited or transient community of aquatic biota. PROPOSED AMENDMENT E. Modified Aquatic Habitat (MAH)—Waters in which natural habitat conditions have been physically, chemically, 10 CSR 20-7.031 Water Quality Standards. The department is or biologically modified; habitat and resulting water quality amending sections (1)–(5), (7), and (12), and tables A1, A2, G, H, conditions may prevent the maintenance of a wide variety or I, J, K of this rule. diversity of aquatic biota. F. Limited Aquatic Habitat (LAH)—Waters in which PURPOSE: The purpose of this amendment is to update the Missouri natural habitat conditions have been substantially and irre- Water Quality Standards in accordance with federal regulations at 40 trievably altered; habitat and resulting water quality condi- CFR 131.20. tions do not allow maintenance of aquatic biota, or if pre- sent, the community is of poor variety or diversity; (1) Definitions. 2. Recreation in and on the water. Assignment of these (A) Acute toxicity—Conditions producing adverse effects or lethal- uses does not grant an individual the right to trespass. ity on aquatic life following short-term exposure. The acute criteria A. Whole body contact recreation (WBC)—Activities in Tables A1, A2, and B1 are maximum concentrations which protect involving direct human contact with waters of the state to against acutely toxic conditions. Acute toxicity is also indicated by the point of complete body submergence. The water may be exceedence of whole-effluent toxicity (WET) test conditions of para- ingested accidentally and certain sensitive body organs, such 1153 July 15, 2021 Page 1154 Proposed Rules Vol. 46, No. 14 as the eyes, ears, and the nose, will be exposed to the water. [(D)](C) Biocriteria—Numeric values or narrative expressions that Although the water may be ingested accidentally, it is not describe the reference biological integrity of aquatic communities intended to be used as a potable supply unless acceptable inhabiting waters that have been designated for aquatic-life protec- treatment is applied. Waters so designated are intended to tion. be used for swimming, water skiing, or skin diving. [(E)](D) Chronic toxicity—Conditions producing adverse effects (I) Category A (WBC-A)—This category applies to on aquatic life or wildlife following long-term exposure but having waters that have been established by the property owner as no readily observable effect over a short time period. Chronic numer- public swimming areas welcoming access by the public for ic criteria in Tables A1, A2, B2, and B3 are maximum concentra- swimming purposes and waters with documented existing tions which protect against chronic toxicity; these values shall be whole body contact recreational use(s) by the public. Exam- considered four- (4-) day averages, with the exception of total ammo- ples of this category include, but are not limited to: public nia as nitrogen which shall be considered a thirty- (30-) day average. swimming beaches and property where whole body contact Chronic toxicity is also indicated by exceedence of WET test condi- recreational activity is open to and accessible by the public tions of subsection (5)(Q). For substances not listed in Tables A1, through law or written permission of the landowner. A2, B2, and B3, commonly used endpoints such as the no-observed (II) Category B (WBC-B)—This category applies to effect concentration or inhibition concentration of representative waters designated for whole body contact recreation not species may be used to demonstrate absence of toxicity. contained within category A. [(F)](E) Class—All waters [listed] in the Missouri Use Designa- B. Secondary contact recreation (SCR)—Uses include tion Dataset [and in Table G and Table H] at (1)(Q) of this rule fishing, wading, commercial and recreational boating, any shall have a hydrologic class. During normal flow periods, some limited contact incidental to shoreline activities, and activi- rivers back water into tributaries which do not otherwise have a ties in which users do not swim or float in the water. These hydrologic class. These permanent backwater areas are considered to recreational activities may result in contact with the water have the same hydrologic class as the water body into which the trib- that is either incidental or accidental and the probability of utary flows. ingesting appreciable quantities of water is minimal; 1. Class L1—Lakes used primarily for public drinking water 3. Human health protection (HHP)—Criteria to protect supply. this use are based on the assumption of an average amount 2. Class L2—Major reservoirs. of fish consumed on a long-term basis. Protection of this use 3. Class L3—Other lakes which are waters of the state. These includes compliance with Food and Drug Administration include both public and private lakes. For effluent regulation (FDA) limits for fish tissue, maximum water concentrations purposes, publicly-owned L3 lakes are those for which a substantial corresponding to the 10-6 cancer risk level, and other human portion of the surrounding lands are publicly owned or managed. health fish consumption criteria; 4.