CCLME.ORG - 40 CFR PART 131—WATER QUALITY STANDARDS
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(continued)

(iii) For waters in which the salinity is between 1 and 10 parts per thousand as defined in paragraphs (c)(3) (i) and (ii) of this section, the applicable criteria are the more stringent of the freshwater or saltwater criteria. However, the Regional Administrator may approve the use of the alternative freshwater or saltwater criteria if scientifically defensible information and data demonstrate that on a site-specific basis the biology of the waterbody is dominated by freshwater aquatic life and that freshwater criteria are more appropriate; or conversely, the biology of the waterbody is dominated by saltwater aquatic life and that saltwater criteria are more appropriate.

(4) Application of metals criteria. (i) For purposes of calculating freshwater aquatic life criteria for metals from the equations in paragraph (b)(2) of this section, the minimum hardness allowed for use in those equations shall not be less than 25 mg/l, as calcium carbonate, even if the actual ambient hardness is less than 25 mg/l as calcium carbonate. The maximum hardness value for use in those equations shall not exceed 400 mg/l as calcium carbonate, even if the actual ambient hardness is greater than 400 mg/l as calcium carbonate. The same provisions apply for calculating the metals criteria for the comparisons provided for in paragraph (c)(3)(iii) of this section.

(ii) The hardness values used shall be consistent with the design discharge conditions established in paragraph (c)(2) of this section for flows and mixing zones.

(iii) Except where otherwise noted, the criteria for metals (compounds #2, #4–# 11, and #13, in paragraph (b) of this section) are expressed as dissolved metal. For purposes of calculating aquatic life criteria for metals from the equations in footnote m. in the criteria matrix in paragraph (b)(1) of this section and the equations in paragraphs (b)(2) of this section, the water-effect ratio is computed as a specific pollutant's acute or chronic toxicity values measured in water from the site covered by the standard, divided by the respective acute or chronic toxicity value in laboratory dilution water.

(d) Criteria for Specific Jurisdictions—(1) Rhode Island, EPA Region 1. (i) All waters assigned to the following use classifications in the Water Quality Regulations for Water Pollution Control adopted under Chapters 46–12, 42–17.1, and 42–35 of the General Laws of Rhode Island are subject to the criteria in paragraph (d)(1)(ii) of this section, without exception:





6.21 Freshwater 6.22 Saltwater:
Class A Class SA
Class B Class SB
Class C Class SC



(ii) The following criteria from the matrix in paragraph (b)(1) of this section apply to the use classifications identified in paragraph (d)(1)(i) of this section:



------------------------------------------------------------------------
Use classification Applicable criteria
------------------------------------------------------------------------
Class A................................... These classifications are
Class B waters where water supply use is assigned the criteria in
designated. Column D1_#2, 68
Class B waters where water supply use is Each of these
not designated. classifications is assigned
Class C;.................................. the criteria in: Column
Class SA;................................. D2_#2, 68
Class SB;.................................
Class SC..................................
------------------------------------------------------------------------


(iii) The human health criteria shall be applied at the 10-5 risk level, consistent with the State policy. To determine appropriate value for carcinogens, see footnote c in the criteria matrix in paragraph (b)(1) of this section.

(2) Vermont, EPA Region 1. (i) All waters assigned to the following use classifications in the Vermont Water Quality Standards adopted under the authority of the Vermont Water Pollution Control Act (10 V.S.A., Chapter 47) are subject to the criteria in paragraph (d)(2)(ii) of this section, without exception:


Class A

Class B

Class C


(ii) The following criteria from the matrix in paragraph (b)(1) of this section apply to the use classifications identified in paragraph (d)(2)(i) of this section:



------------------------------------------------------------------------
Use classification Applicable criteria
------------------------------------------------------------------------
1. Classes A1, A2, B1, B2, B3.......... These classification are
assigned the criterion in:
Column B2_#105.
------------------------------------------------------------------------


(iii) The human health criteria shall be applied at the State-proposed 10-6 risk level.

(3) New Jersey, EPA Region 2. (i) All waters assigned to the following use classifications in the New Jersey Administrative Code (N.J.A.C.) 7:9–4.1 et seq., Surface Water Quality Standards, are subject to the criteria in paragraph (d)(3)(ii) of this section, without exception.


N.J.A.C. 7:9–4.12(b): Class PL

N.J.A.C. 7:9–4.12(c): Class FW2

N.J.A.C. 7:9–4.12(d): Class SE1

N.J.A.C. 7:9–4.12(e): Class SE2

N.J.A.C. 7:9–4.12(f): Class SE3

N.J.A.C. 7:9–4.12(g): Class SC

N.J.A.C. 7:9–4.13(a): Delaware River Zones 1C, 1D, and 1E

N.J.A.C. 7:9–4.13(b): Delaware River Zone 2

N.J.A.C. 7:9–4.13(c): Delaware River Zone 3

N.J.A.C. 7:9–4.13(d): Delaware River Zone 4

N.J.A.C. 7:9–4.13(e): Delaware River Zone 5

N.J.A.C. 7:9–4.13(f): Delaware River Zone 6


(ii) The following criteria from the matrix in paragraph (b)(1) of this section apply to the use classifications identified in paragraph (d)(3)(i) of this section:



------------------------------------------------------------------------
Use classification Applicable criteria
------------------------------------------------------------------------
1. Freshwater Pinelands, FW2........... These classifications are each
assigned the criteria in:
i. Column B1_#2, 4, 5a, 5b, 6-
11, 13.
ii. Column B2_#2, 4, 5a, 5b, 6-
10, 13.
iii. Column D1_#125b at a 10-6
risk level.
iv. Column D2_#125b at a 10-6
risk level.
v. Column D2_#23, 30, 37, 42,
87, 89, 93 and 105 at a 10-5
risk level.
2. PL (Saline Water Pinelands), SE1, These classifications are each
SE2, SE3, SC, Delaware Bay Zone 6. assigned the criteria in:
i. Column C1_#2, 4, 5b, 6-11,
13.
ii. Column C2_#2, 4, 5b, 6-10,
13.
iii. Column D1_#125b at a 10-6
risk level.
iv. Column D2_#125b at a 10-6
risk level.
v. Column D2_#23, 30, 37, 42,
87, 89, 93 and 105 at a 10-5
risk level.
3. Delaware River Zones 1C, 1D, 1E, 2, i. Column B1_none.
3, 4, and 5.
ii. Column B2_none.
iii. Column D1_none.
iv. Column D2_none.
4. Delaware River Zones 3, 4, and 5.... These classifications are each
assigned the criteria in:
i. Column C1_none.
ii. Column C2_none.
iii. Column D2_none.
------------------------------------------------------------------------


(iii) The human health criteria shall be applied at the State-proposed 10-6 risk level for EPA rated Class A, B1, and B2 carcinogens; EPA rated Class C carcinogens shall be applied at 10-5 risk level. To determine appropriate value for carcinogens, see footnote c. in the matrix in paragraph (b)(1) of this section.

(4) Puerto Rico, EPA Region 2. (i) All waters assigned to the following use classifications in the Puerto Rico Water Quality Standards (promulgated by Resolution Number R–83–5–2) are subject to the criteria in paragraph (d)(4)(ii) of this section, without exception.


Article 2.2.2—Class SB

Article 2.2.3—Class SC

Article 2.2.4—Class SD


(ii) The following criteria from the matrix in paragraph (b)(1) of this section apply to the use classifications identified in paragraph (d)(4)(i) of this section:



------------------------------------------------------------------------
Use classification Applicable criteria
------------------------------------------------------------------------
Class SD............................... Column B1_# 118.
Column B2_#s 8, 105, 115, 118,
119, 120, 121, 122, 123,124,
125a, 125b.
Column D1_#s 12, 16, 27, 60,
61, 62, 64, 73, 74, 92, 93,
103, 104, 114, 116, 118, 119,
120, 121, 122, 123, 124, 125a,
125b.
Class SB, Class SC..................... Column C1_#s 5b, 112, 113, 118.
Column C2_#s 5b, 8, 112, 113,
118, 119, 120, 121, 122, 123,
124, 125a, 125b.
Column D2_#s 12, 16, 27, 60,
61, 62, 64, 73, 74, 87, 92,
93, 103, 104, 114, 116, 118,
119, 120, 121, 122, 123, 124,
125a, 125b.
------------------------------------------------------------------------


(iii) The human health criteria shall be applied at the State-proposed 10-5 risk level. To determine appropriate value for carcinogens, see footnote c, in the criteria matrix in paragraph (b)(1) of this section.

(5) District of Columbia, EPA Region 3. (i) All waters assigned to the following use classifications in chapter 11 Title 21 DCMR, Water Quality Standards of the District of Columbia are subject to the criteria in paragraph (d)(5)(ii) of this section, without exception:


1101.2 Class C waters


(ii) The following criteria from the matrix in paragraph (b)(1) of this section apply to the use classification identified in paragraph (d)(5)(i) of this section:



------------------------------------------------------------------------
Use classification Applicable criteria
------------------------------------------------------------------------
1. Class C............................. This classification is assigned
the additional criteria in:
Column B2; #10, 118, 126.
------------------------------------------------------------------------


(iii) The human health criteria shall be applied at the State-adopted 10-6 risk level.

(6) Florida, EPA Region 4. (i) All waters assigned to the following use classifications in Chapter 17–301 of the Florida Administrative Code (i.e., identified in Section 17–302.600) are subject to the criteria in paragraph (d)(6)(ii) of this section, without exception:


Class I

Class II

Class III


(ii) The following criteria from the matrix paragraph (b)(1) of this section apply to the use classifications identified in paragraph (d)(6)(i) of this section:



------------------------------------------------------------------------
Use classification Applicable criteria
------------------------------------------------------------------------
Class I................................ This classification is assigned
the criteria in:
Column D1_#16
Class II............................... This classification is assigned
Class III (marine)..................... the criteria in:
Column D2_#16
Class III (freshwater)................. This classification is assigned
the criteria in:
Column D2_#16
------------------------------------------------------------------------


(iii) The human health criteria shall be applied at the State-adopted 10-6 risk level.

(7)–(8) [Reserved]

(9) Kansas, EPA Region 7. (i) All waters assigned to the following use classification in the Kansas Department of Health and Environment regulations, K.A.R. 28–16–28b through K.A.R. 28–16–28f, are subject to the criteria in paragraph (d)(9)(ii) of this section, without exception.


Section (2)(A)—Special Aquatic Life Use Waters

Section (2)(B)—Expected Aquatic Life Use Waters

Section (2)(C)—Restricted Aquatic Life Use Waters

Section (3)—Domestic Water Supply.

Section (4)—Food Procurement Use.


(ii) The following criteria from the matrix in paragraph (b)(1) of this section apply to the use classifications identified in paragraph (d)(9)(i) of this section:



------------------------------------------------------------------------
Use classification Applicable criteria
------------------------------------------------------------------------
1. Sections (2)(A), (2)(B), (2)(C), (4) These classifications are each
assigned criteria as follows:
i. Column B1, #2.
ii. Column D2, #12, 21, 29, 39,
46, 68, 79, 81, 86, 93, 104,
114, 118.
2. Section (3)......................... This classification is assigned
all criteria in:
Column D1, all except #1, 9,
12, 14, 15, 17, 22, 33, 36,
39, 44, 75, 77, 79, 90, 112,
113, and 115.
------------------------------------------------------------------------


(iii) The human health criteria shall be applied at the State-adopted 10-6 risk level.

(10) California, EPA Region 9. (i) All waters assigned any aquatic life or human health use classifications in the Water Quality Control Plans for the various Basins of the State (“Basin Plans”), as amended, adopted by the California State Water Resources Control Board (“SWRCB”), except for ocean waters covered by the Water Quality Control Plan for Ocean Waters of California (“Ocean Plan”) adopted by the SWRCB with resolution Number 90–27 on March 22, 1990, are subject to the criteria in paragraph (d)(10)(ii) of this section, without exception. These criteria amend the portions of the existing State standards contained in the Basin Plans. More particularly these criteria amend water quality criteria contained in the Basin Plan Chapters specifying water quality objectives (the State equivalent of federal water quality criteria) for the toxic pollutants identified in paragraph (d)(10)(ii) of this section. Although the State has adopted several use designations for each of these waters, for purposes of this action, the specific standards to be applied in paragraph (d)(10)(ii) of this section are based on the presence in all waters of some aquatic life designation and the presence or absence of the MUN use designation (Municipal and domestic supply). (See Basin Plans for more detailed use definitions.)

(ii) The following criteria from the matrix in paragraph (b)(1) of this section apply to the water and use classifications defined in paragraph (d)(10)(i) of this section and identified below:




Applicable
Water and use classification criteria

Waters of the State defined as bays or estuaries These waters are
except the Sacramento-San Joaquin Delta and San assigned the
Francisco Bay criteria in:
Column
B1_pollutants
5a and 14
Column
B2_pollutants
5a and 14
Column
C1_pollutant
14
Column
C2_pollutant
14
Column
D2_pollutants
1, 12, 17,
18, 21, 22,
29, 30, 32,
33, 37, 38,
42-44, 46,
48, 49, 54,
59, 66, 67,
68, 78-82,
85, 89, 90,
91, 93, 95,
96, 98
Waters of the Sacramento_San Joaquin Delta and waters These waters are
of the State defined as inland (i.e., all surface assigned the
waters of the State not bays or estuaries or ocean) criteria in:
that include a MUN use designation Column
B1_pollutants 5a
and 14
Column
B2_pollutants 5a
and 14
Column
D1_pollutants 1,
12, 15, 17, 18,
21, 22, 29, 30,
32, 33, 37, 38,
42-48, 49, 59,
66, 67, 68, 78-
82, 85, 89, 90,
91, 93, 95, 96,
98
Waters of the State defined as inland without an MUN These waters are
use designation assigned the
criteria in:
Column
B1_pollutants
5a and 14
Column
B2_pollutants
5a and 14
Column
D2_pollutants
1, 12, 17,
18, 21, 22,
29, 30, 32,
33, 37, 38,
42-44, 46,
48, 49, 54,
59, 66, 67,
68, 78-82,
85, 89, 90,
91, 93, 95,
96, 98
Waters of the San Joaquin River from the mouth of the In addition to
Merced River to Vernalis the criteria
assigned to
these waters
elsewhere in
this rule, these
waters are
assigned the
criteria in:
Column
B2_pollutant
10
Waters of Salt Slough, Mud Slough (north) and the San In addition to
Joaquin River, Sack Dam to the mouth of the Merced the criteria
River assigned to
these waters
elsewhere in
this rule, these
waters are
assigned the
criteria in:
Column
B1_pollutant
10
Column
B2_pollutant
10
Waters of San Francisco Bay upstream to and including These waters are
Suisun Bay and the Sacramento-San Joaquin Delta assigned the
criteria in:
Column
B1_pollutants
5a, 10* and
14
Column
B2_pollutants
5a, 10* and
14
Column
C1_pollutant
14
Column
C2_pollutant
14
Column
D2_pollutants
1, 12, 17,
18, 21, 22,
29, 30, 32,
33, 37, 38,
42-44, 46,
48, 49, 54,
59, 66, 67,
68, 78-82,
85, 89, 90,
91, 93, 95,
96, 98
All inland waters of the United States or enclosed These waters are
bays and estuaries that are waters of the United assigned the
States that include an MUN use designation and that criteria for
the State has either excluded or partially excluded pollutants for
from coverage under its Water Quality Control Plan which the State
for Inland Surface Waters of California, Tables 1 does not apply
and 2, or its Water Quality Control Plan for Table 1 or 2
Enclosed Bays and Estuaries of California, Tables 1 standards. These
and 2, or has deferred applicability of those criteria are:
tables. (Category (a), (b), and (c) waters described Column B1_all
on page 6 of Water Quality Control Plan for Inland pollutants
Surface Waters of California or page 6 of its Water Column B2_all
Quality Control Plan for Enclosed Bays and Estuaries pollutants
of California.) Column D1_all
pollutants
except #2
All inland waters of the United States that do not These waters are
include an MUN use designation and that the State assigned the
has either excluded or partially excluded from criteria for
coverage under its Water Quality Control Plan for pollutants for
Inland Surface Waters of California, Tables 1 and 2, which the State
or has deferred applicability of these tables. does not apply
(Category (a), (b), and (c) waters described on page Table 1 or 2
6 of Water Quality Control Plan for Inland Surface standards. These
Waters of California.) criteria are:
Column B1_all
pollutants
Column B2_all
pollutants
Column D2_all
pollutants
except #2
All enclosed bays and estuaries that are waters of These waters are
the United States that do not include an MUN assigned the
designation and that the State has either excluded criteria for
or partially excluded from coverage under its Water pollutants for
Quality Control Plan for Inland Surface Waters of which the State
California, Tables 1 and 2, or its Water Quality does not apply
Control Plan for Enclosed Bays and Estuaries of Table 1 or 2
California, Tables 1 and 2, or has deferred standards. These
applicability of those tables. (Category (a), (b), criteria are:
and (c) waters described on page 6 of Water Quality Column B1_all
Control Plan for Inland Surface Waters of California pollutants
or page 6 of its Water Quality Control Plan for Column B2_all
Enclosed Bays and Estuaries of California.) pollutants
Column C1_all
pollutants
Column C2_all
pollutants
Column D2_all
pollutants
except #2

*The fresh water selenium criteria are included for the San Francisco
Bay estuary because high levels of bioaccumulation of selenium in the
estuary indicate that the salt water criteria are underprotective for
San Francisco Bay.


(iii) The human health criteria shall be applied at the State-adopted 10-6 risk level.

(11) Nevada, EPA Region 9. (i) All waters assigned the use classifications in Chapter 445 of the Nevada Administrative Code (NAC), Nevada Water Pollution Control Regulations, which are referred to in paragraph (d)(11)(ii) of this section, are subject to the criteria in paragraph (d)(11)(ii) of this section, without exception. These criteria amend the existing State standards contained in the Nevada Water Pollution Control Regulations. More particularly, these criteria amend or supplement the table of numeric standards in NAC 445.1339 for the toxic pollutants identified in paragraph (d)(11)(ii) of this section.

(ii) The following criteria from matrix in paragraph (b)(1) of this section apply to the waters defined in paragraph (d)(11)(i) of this section and identified below:




Water and use classification Applicable criteria

Waters that the State has included These waters are assigned the
in NAC 445.1339 where Municipal or criteria in:
domestic supply is a designated Column B1_pollutant #118
use Column B2_pollutant #118
Column D1_pollutants #15, 16, 18,
19, 20, 21, 23, 26, 27, 29, 30,
34, 37, 38, 42, 43, 55, 58-62, 64,
66, 73, 74, 78, 82, 85, 87-89, 91,
92, 96, 98, 100, 103, 104, 105,
114, 116, 117, 118
Waters that the State has included These waters are assigned the
in NAC 445.1339 where Municipal or criteria in:
domestic supply is not a Column B1_pollutant #118
designated use Column B2_pollutant #118
Column D2_all pollutants except #2.



(iii) The human health criteria shall be applied at the 10-5 risk level, consistent with State policy. To determine appropriate value for carcinogens, see footnote c in the criteria matrix in paragraph (b)(1) of this section.

(12) Alaska, EPA Region 10. (i) All waters assigned to the following use classifications in the Alaska Administrative Code (AAC), Chapter 18 (i.e., identified in 18 AAC 70.020) are subject to the criteria in paragraph (d)(12)(ii) of this section, without exception:


70.020.(1) (A) Fresh Water

70.020.(1) (A) Water Supply

(i) Drinking, culinary, and food processing,

(iii) Aquaculture;

70.020.(1) (B) Water Recreation

(i) Contact recreation,

(ii) Secondary recreation;

70.020.(1) (C) Growth and propagation of fish, shellfish, other aquatic life, and wildlife

70.020.(2) (A) Marine Water

70.020.(2) (A) Water Supply

(i) Aquaculture,

70.020.(2) (B) Water Recreation

(i) contact recreation,

(ii) secondary recreation;

70.020.(2) (C) Growth and propagation of fish, shellfish, other aquatic life, and wildlife;

70.020.(2) (D) Harvesting for consumption of raw mollusks or other raw aquatic life.


(ii) The following criteria from the matrix in paragraph (b)(1) of this section apply to the use classifications identified in paragraph (d)(12)(i) of this section:



------------------------------------------------------------------------
Use classification Applicable criteria
------------------------------------------------------------------------
(1)(A)(i).............................. Column D1_#s 16, 18-21, 23, 26,
27, 29, 30, 32, 37, 38, 42-44,
53, 55, 59-62, 64, 66, 68, 73,
74, 78, 82, 85, 88, 89, 91-93,
96, 98, 102-105, 107-111, 117-
126.
(1)(A)(iii)............................ Column D2_#s 14, 16, 18-21, 22,
23, 26, 27, 29, 30, 32, 37,
38, 42-44, 46, 53, 54, 55, 59-
62, 64, 66, 68, 73, 74, 78,
82, 85, 88-93, 95, 96, 98, 102-
105, 107-111, 115-126.
(1)(B)(i), (1)(B)(ii), (1)(C).......... Column D2_#s 14, 16, 18-21, 22,
23, 26, 27, 29, 30, 32, 37,
38, 42-44, 46, 53, 54, 55, 59-
62, 64, 66, 68, 73, 74, 78,
82, 85, 88-93, 95, 96, 98, 102-
105, 107-111, 115-126.
(2)(A)(i), (2)(B)(i), and (2)(B)ii, Column D2_#s 14, 16, 18-21, 22,
(2)(C), (2)(D). 23, 26, 27, 29, 30, 32, 37,
38, 42-44, 46, 53, 54, 55, 59-
62, 64, 66, 68, 73, 74, 78,
82, 85, 88-93, 95, 96, 98, 102-
105, 107-111, 115-126.
------------------------------------------------------------------------


(iii) The human health criteria shall be applied at the State-proposed risk level of 10-5. To determine appropriate value for carcinogens, see footnote c in the criteria matrix in paragraph (b)(1) of this section.

(13) [Reserved]

(14) Washington, EPA Region 10. (i) All waters assigned to the following use classifications in the Washington Administrative Code (WAC), Chapter 173–201 (i.e., identified in WAC 173–201–045) are subject to the criteria in paragraph (d)(14)(ii) of this section, without exception:


173–201–045

Fish and Shellfish

Fish

Water Supply (domestic)

Recreation


(ii) The following criteria from the matrix in paragraph (b)(1) of this section apply to the use classifications identified in paragraph (d)(14)(i) of this section:



------------------------------------------------------------------------
Use classification Applicable criteria
------------------------------------------------------------------------
Fish and Shellfish;.................... These classifications are
Fish................................... assigned the criteria in:
Column C2_6, 14
Column D2_all
Water Supply (domestic)................ These classifications are
assigned the criteria in:
Column D1_all
Recreation............................. This classification is assigned
the criteria in:
Column D2_Marine waters and
freshwaters not protected
for domestic water supply
------------------------------------------------------------------------


(iii) The human health criteria shall be applied at the State proposed risk level of 10-6.

[57 FR 60910, Dec. 22, 1992; 58 FR 31177, June 1, 1993, as amended at 58 FR 34499, June 25, 1993; 58 FR 36142, July 6, 1993; 60 FR 22229, 22235, May 4, 1995; 60 FR 44120, Aug. 24, 1995; 61 FR 60617, Nov. 29, 1996; 62 FR 52927, Oct. 9, 1997; 62 FR 53214, Oct. 10, 1997; 63 FR 10144, Mar. 2, 1998; 64 FR 61193, Nov. 9, 1999; 65 FR 19661, Apr. 12, 2000; 67 FR 68041, Nov. 8, 2002; 67 FR 71846, Dec. 3, 2002; 69 FR 63082, Oct. 29, 2004]

§ 131.37 California.
top
(a) Additional criteria. The following criteria are applicable to waters specified in the Water Quality Control Plan for Salinity for the San Francisco Bay/Sacramento-San Joaquin Delta Estuary, adopted by the California State Water Resources Control Board in State Board Resolution No. 91–34 on May 1, 1991:

(1) Estuarine habitat criteria. (i) General rule. (A) Salinity (measured at the surface) shall not exceed 2640 micromhos/centimeter specific conductance at 25 °C (measured as a 14-day moving average) at the Confluence of the Sacramento and San Joaquin Rivers throughout the period each year from February 1 through June 30, and shall not exceed 2640 micromhos/centimeter specific conductance at 25 °C (measured as a 14-day moving average) at the specific locations noted in Table 1 near Roe Island and Chipps Island for the number of days each month in the February 1 to June 30 period computed by reference to the following formula:

Number of days required in Month X = Total number of days in Month×* (1 - 1/(1+eK)


where

K = A + (B*natural logarithm of the previous month's 8-River Index);

A and B are determined by reference to Table 1 for the Roe Island and Chipps Island locations;

x is the calendar month in the February 1 to June 30 period;

and e is the base of the natural (or Napierian) logarithm.


Where the number of days computed in this equation in paragraph (a)(1)(i)(A) of this section shall be rounded to the nearest whole number of days. When the previous month's 8-River Index is less than 500,000 acre-feet, the number of days required for the current month shall be zero.


Table 1. Constants applicable to each of the monthly equations to determine monthly requirements described.
----------------------------------------------------------------------------------------------------------------
Chipps Island Roe Island (if triggered)
Month X ---------------------------------------------------------------
A B A B
----------------------------------------------------------------------------------------------------------------
Feb............................................. -\1\ -\1\ -14.36 +2.068
Mar............................................. -105.16 +15.943 -20.79 +2.741
Apr............................................. -47.17 +6.441 -28.73 +3.783
May............................................. -94.93 +13.662 -54.22 +6.571
June............................................ -81.00 +9.961 -92.584 +10.699
----------------------------------------------------------------------------------------------------------------
\1\ Coefficients for A and B are not provided at Chipps Island for February, because the 2640 micromhos/cm
specific conductance criteria must be maintained at Chipps Island throughout February under all historical 8-
River Index values for January.


(B) The Roe Island criteria apply at the salinity measuring station maintained by the U.S. Bureau of Reclamation at Port Chicago (km 64). The Chipps Island criteria apply at the Mallard Slough Monitoring Site, Station D–10 (RKI RSAC–075) maintained by the California Department of Water Resources. The Confluence criteria apply at the Collinsville Continuous Monitoring Station C–2 (RKI RSAC–081) maintained by the California Department of Water Resources.

(ii) Exception. The criteria at Roe Island shall be required for any given month only if the 14-day moving average salinity at Roe Island falls below 2640 micromhos/centimeter specific conductance on any of the last 14 days of the previous month.

(2) Fish migration criteria—(i) General rule—(A) Sacramento River. Measured Fish Migration criteria values for the Sacramento River shall be at least the following:

At temperatures less than below 61 °F: SRFMC = 1.35

At temperatures between 61 °F and 72 °F: SRFMC = 6.96–.092 * Fahrenheit temperature

At temperatures greater than 72 °F: SRFMC = 0.34

where SRFMC is the Sacramento River Fish Migration criteria value. Temperature shall be the water temperature at release of tagged salmon smolts into the Sacramento River at Miller Park.

(B) San Joaquin River. Measured Fish Migration criteria values on the San Joaquin River shall be at least the following:

For years in which the SJVIndex is >2.5: SJFMC = (-0.012) + 0.184*SJVIndex

In other years: SJFMC = 0.205 + 0.0975*SJVIndex

where SJFMC is the San Joaquin River Fish Migration criteria value, and SJVIndex is the San Joaquin Valley Index in million acre feet (MAF)

(ii) Computing fish migration criteria values for Sacramento River. In order to assess fish migration criteria values for the Sacramento River, tagged fall-run salmon smolts will be released into the Sacramento River at Miller Park and captured at Chipps Island, or alternatively released at Miller Park and Port Chicago and recovered from the ocean fishery, using the methodology described in this paragraph (a)(2)(ii). An alternative methodology for computing fish migration criteria values can be used so long as the revised methodology is calibrated with the methodology described in this paragraph (a)(2)(ii) so as to maintain the validity of the relative index values. Sufficient releases shall be made each year to provide a statistically reliable verification of compliance with the criteria. These criteria will be considered attained when the sum of the differences between the measured experimental value and the stated criteria value (i.e., measured value minus stated value) for each experimental release conducted over a three year period (the current year and the previous two years) shall be greater than or equal to zero. Fish for release are to be tagged at the hatchery with coded-wire tags, and fin clipped. Approximately 50,000 to 100,000 fish of smolt size (size greater than 75 mm) are released for each survival index estimate, depending on expected mortality. As a control for the ocean recovery survival index, one or two groups per season are released at Benecia or Pt. Chicago. From each upstream release of tagged fish, fish are to be caught over a period of one to two weeks at Chipps Island. Daylight sampling at Chipps Island with a 9.1 by 7.9 m, 3.2 mm cod end, midwater trawl is begun 2 to 3 days after release. When the first fish is caught, full-time trawling 7 days a week should begin. Each day's trawling consists of ten 20 minute tows generally made against the current, and distributed equally across the channel.

(A) The Chipps Island smolt survival index is calculated as:

SSI=R÷MT(0.007692)


where

R=number of recaptures of tagged fish

M=number of marked (tagged) fish released

T=proportion of time sampled vs total time tagged fish were passing the site (i.e. time between first and last tagged fish recovery)


Where the value 0.007692 is the proportion of the channel width fished by the trawl, and is calculated as trawl width/channel width.

(B) Recoveries of tagged fish from the ocean salmon fishery two to four years after release are also used to calculate a survival index for each release. Smolt survival indices from ocean recoveries are calculated as:

OSI=R1/M1÷R2/M2


where

R1=number of tagged adults recovered from the upstream release

M1=number released upstream

R2=number of tagged adults recovered from the Port Chicago release

M2=number released at Port Chicago


(1) The number of tagged adults recovered from the ocean fishery is provided by the Pacific States Marine Fisheries Commission, which maintains a port sampling program.

(2) [Reserved]

(iii) Computing fish migration criteria values for San Joaquin River. In order to assess annual fish migration criteria values for the San Joaquin River, tagged salmon smolts will be released into the San Joaquin River at Mossdale and captured at Chipps Island, or alternatively released at Mossdale and Port Chicago and recovered from the ocean fishery, using the methodology described in paragraph (a)(2)(iii). An alternative methodology for computing fish migration criteria values can be used so long as the revised methodology is calibrated with the methodology described below so as to maintain the validity of the relative index values. Sufficient releases shall be made each year to provide a statistically reliable estimate of the SJFMC for the year. These criteria will be considered attained when the sum of the differences between the measured experimental value and the stated criteria value (i.e., measured value minus stated value) for each experimental release conducted over a three year period (the current year and the previous two years) shall be greater than or equal to zero.

(A) Fish for release are to be tagged at the hatchery with coded-wire tags, and fin clipped. Approximately 50,000 to 100,000 fish of smolt size (size greater than 75 mm) are released for each survival index estimate, depending on expected mortality. As a control for the ocean recovery survival index, one or two groups per season are released at Benicia or Pt. Chicago. From each upstream release of tagged fish, fish are to be caught over a period of one to two weeks at Chipps Island. Daylight sampling at Chipps Island with a 9.1 by 7.9 m, 3.2 mm cod end, midwater trawl is begun 2 to 3 days after release. When the first fish is caught, full-time trawling 7 days a week should begin. Each day's trawling consists of ten 20 minute tows generally made against the current, and distributed equally across the channel.

(B) The Chipps Island smolt survival index is calculated as:

SSI=R÷MT(0.007692)


where

R=number of recaptures of tagged fish

M=number of marked (tagged) fish released

T=proportion of time sampled vs total time tagged fish were passing the site (i.e. time between first and last tagged fish recovery)


Where the value 0.007692 is the proportion of the channel width fished by the trawl, and is calculated as trawl width/channel width.

(C) Recoveries of tagged fish from the ocean salmon fishery two to four years after release are also used to calculate a survival index for each release. Smolt survival indices from ocean recoveries are calculated as:

OSI=R1/M1 ÷ R2/M2


where

R1=number of tagged adults recovered from the upstream release

M1=number released upstream

R2=number of tagged adults recovered from the Port Chicago release

M2=number released at Port Chicago


(1) The number of tagged adults recovered from the ocean fishery is provided by the Pacific States Marine Fisheries Commission, which maintains a port sampling program.

(2) [Reserved]

(3) Suisun marsh criteria. (i) Water quality conditions sufficient to support a natural gradient in species composition and wildlife habitat characteristic of a brackish marsh throughout all elevations of the tidal marshes bordering Suisun Bay shall be maintained. Water quality conditions shall be maintained so that none of the following occurs: Loss of diversity; conversion of brackish marsh to salt marsh; for animals, decreased population abundance of those species vulnerable to increased mortality and loss of habitat from increased water salinity; or for plants, significant reduction in stature or percent cover from increased water or soil salinity or other water quality parameters.

(ii) [Reserved]

(b) Revised criteria. The following criteria are applicable to state waters specified in Table 1–1, at Section (C)(3) (“Striped Bass—Salinity : 3. Prisoners Point—Spawning) of the Water Quality Control Plan for Salinity for the San Francisco Bay—Sacramento/San Joaquin Delta Estuary, adopted by the California State Water Resources Control Board in State Board Resolution No. 91–34 on May 1, 1991:



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Sampling site Nos (I-- San Joaquin
Location A/RKI) Parameter Description Index type Valley Index Dates Values
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San Joaquin River at Jersey D15/RSAN018, Specific....... 14-day running Not Applicable. >2.5 MAF April 1 to May 0.44 micro-
Point, San Andreas Landing, C4/RSAN032, Conductance.... average of 31. mhos. (continued)