Surface Water Quality Standards - US EPA
I ocrt 7o
State of Delaware
Surface Water Quality Standards
As Amended, February 26,1993
Department of Natural Resources and
Environmental Control
(VISION OP WATER RESOURCE
dean Water for Today and Tomorrow
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TABLE OF CONTENTS
SECTION
Forward:
Secretary's Order.........................i
Section 1:
Intent.................................... 1
Section 2:
Definitions............................... 2
Section 3:
Antidegradation Statement................ 16
Section 4:
General Stream Criteria.................. 18
Section 5:
Exceptions, Modifications and Conditions.19
Section 6:
Regulatory Mixing Zones..................26
Section 7:
Nutrients................................ 31
Section 8:
Critical Flows........................... 32
Section 9:
Toxic Substances......................... 34
Section 10:
Stream Basins and Designated Uses........47
Section 11.1:
General Criteria for Fresh Waters........50
Section 11.2:
Additional Criteria for Other
Fresh Water Designated Uses.............. 52
Section 11.3:
General Criteria for Marine Waters.......53
Section 11.4:
Additional Criteria for Other
Marine Water Designated Uses............. 56
Section 11.5:
Criteria for Waters of Exceptional
Recreational or Ecological
Significance (ERES Waters)...............58
Section 11.6:
Criteria Governing Primary
Contact Recreation....................... 6 6
Section 12:
Criteria for
Low Flow Waters ...................... T..67
Section 13:
Separability............................. 69
fiR306255
STATE OF DELAWARE
DEPARTMENT OF NATURAL RESOURCES
& ENVIRONMENTAL CONTROL
89 KINGS HIOMWAS
PO. BOX 14O1
DOVES, Di-AWARE 1 99O3
OFFICE OF THE
SECRETARY
Ts_s=i-osc (3O2) 736 ?
FORWARD
SECRETARY'S ORDER NO. 93-0089
Date of Issuance:
February 26, 1993
Re: Adoption of Revisions to Surface Water Quality Standards
I.
Background
A public hearing was held on April 22, 1992, to receive
comments on proposed revisions to the February 2, 1990 version of
Delaware's Surface Water Quality Standards.
proposed fell into two categories.
The revisions
The first category included
proposed additions and deletions resulting from settlement
negotiations between DNREC and twenty NPDES permit holders who
had filed administrative appeals immediately upon DNREC's
promulgation of the February 2, 1990 version of the Surface Water
Quality Standards.
The second category of revisions included
additions and deletions proposed unilaterally by DNREC to
Sections 3, 5, and 9 of the Standards.
II.
Findings
1.
Proper notice of the public hearing was provided as
required by law.
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2.
As justified by the record and discussed in the Hearing
Officer's Report, all of the proposed additions and deletions
resulting from the aforementioned settlement negotiations are
hereby proposed for adoption, with a single exception.
The
definition for the term "minimum analytical level" which appears
in Section 2 should be modified because it includes a
quantitative standard for interlaboratory precision and bias that
cannot be met in all situations.
The modified definition that
the Department proposes for the final rule retains all of the
critical features of the definition originally agreed upon
between DNREC and the appellants.
3.
Several comments were received on the unilateral
revisions DNREC proposed for Section 3 (Antidegradation).
It is
proposed that these comments be addressed by revising the
definition of the term "degradation" and making clarifying
changes to Sections 3.1 and 3.2.
4.
?
The regulated community (including several of the
appellants), environmental groups, and the U. S. Environmental
Protection Agency all voiced strong opposition to Section 5.5
(Modifications to Water Quality-Based Effluent Limitations).
This section was unilaterally proposed by the Department.
In
light of the broad-based opposition, all interests are best
served by withdrawing this section from current consideration.
5.
Commenters on Section 5.6 and 5.8 consistently expressed
their opposition to inclusion of the phrase, "to the satisfaction
of the Department".
5.6 or 5.8
Neither the intent nor the force of Sections
are adversely affected by the absence of the
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objectional phrase.
Therefore, the Department has agreed to
remove the phrase from these two sections in the final version of
the Standards.
Several additional comments on Section 5.8 were
received and carefully considered.
It was determined that a
modification to the language proposed at the April 22 hearing was
necessary to satisfactorily address these comments.
The final
language proposes to add flexibility to this section by changing
a mandatory requirement on applicants to demonstrate compliance
with water quality standards to an optional analysis of standards
compliance.
The final language more accurately reflects actual
Department operating procedures on this matter and in no way
?
interferes with the Department's authority to request additional
information of an applicant to help the Department make decisions
on particular permit applications.
6.
The U. S. Environmental Protection Agency commented on
many sections of the proposed revisions to Delaware's Standards.
The most serious of these comments was that EPA considers the
proposed revisions to Sections 5.3, 5.4, 5.5, 5.7, 5.8, and
possibly 5.6, as modifications to the State of Delaware
Regulations Governing the Control of Water Pollution.
The
Department does not disagree with EPA that the sections in
question could function in the Regulations Governing the Control
of Water Pollution.
In fact, the Department fully intends to
propose revisions to the Regulations Governing the Control of
Water Pollution in the near future that include provisions
equivalent to Sections 5.3, 5.4, 5.6, 5.7 and 5.8 of the
Standards.
However, this fact does' not preclude Delaware from
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