12-025 Code Vt. R. 12-030-025-X - VERMONT WATER QUALITY STANDARDS

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CH 1 GENERAL POLICY

Section 29 A. Applicability.

(a) Pursuant to 10 V.S.A. Chapter 47, after the classification of any waters has been established, those waters shall be managed by the Secretary in order to obtain and maintain the classification. The Secretary may enforce a classification and these rules against any person affected thereby who, with notice of the classification, has failed to comply.

(b) The applicable Water Quality Standards shall be those in effect at the time of final permit or certification issuance. Concerning Water Quality Certification for a License, or the renewal of a License, issued by the Federal Energy Regulatory Commission (FERC), the applicable Water Quality Standards shall be those in effect at the time that the FERC issues notice of application ready for environmental analysis for a License.

(c) These rules shall apply to all "waters," as defined in these rules, including "waters of the United States" as defined in titles 33 and 40 of the Code of Federal Regulations. These rules shall apply to wetlands as articulated in Sections §§29A-104(e) and 29A-105(e). Application of these rules to waters shall not require the issuance of a state or federal permit, license, certification, or approval for discharges or activities for which no such permit, license, certification, or approval requirement exists under applicable state or federal law, including discharges and activities that satisfy the exemptions and exclusions set forth at 40 C.F.R. §§ 122.3 and 232.3.

(d) In the event any of these rules, or any portion thereof, is found by a court of competent jurisdiction to be illegal or void, the remainder thereof shall be deemed unaffected and shall continue in full force and effect.

(e) The following exclusions apply only to artificial bodies of water that were not originally created in waters or did not result from impoundment of waters:

(1) Off stream reservoirs (such as snowmaking ponds) may be subject to water level fluctuations that are necessary to achieve the purposes for which the reservoir was constructed and accordingly, shall not be required to meet the criteria of these rules impacted by water level fluctuations in the reservoir;

(2) Waste treatment systems (including waste management systems constructed as part of Best Management Practices under 6 V.S.A. Chapter 215 and treatment ponds, lagoons, or wetlands created solely to meet the requirements of a permit issued for a discharge) determined to be necessary to achieve compliance with these rules shall not be required to be managed as waters under these rules.

(f) Waters created exclusively by rainfall or snowmelt events, such as puddles and overland flow, that are so temporary in nature that they do not support the existing and designated uses, shall not be considered waters.

Section 29 A-102 Definitions.

For the purposes of these Water Quality Standards, the terms below shall have the following meanings unless a different meaning clearly appears from the context.

(1) "Act" means the "Vermont Water Pollution Control Act" at 10 V.S.A. Chapter 47.

(2) "Applicable water quality criteria" means all criteria specified in Subchapter 3 that are applicable to a water and the classification of its uses.

(3) "Application" means any request for a permit required by state or federal law when filed with, and deemed complete by, the reviewing authority.

(4) "Aquatic biota" means all organisms that, as part of their natural life cycle, live in or on waters.

(5) "Aquatic habitat" means the physical, chemical, and biological components of the water environment.

(6) "Assimilative capacity" means a measure of the capacity of the receiving waters to assimilate wastes without lowering their quality below the applicable water quality criteria.

(7) "Best management practices (BMPs)" means a practice or combination of practices that may be necessary, in addition to any applicable RAPs or AMPs, to prevent or reduce pollution from nonpoint source wastes to a level consistent with the applicable provisions of these rules.

(8) "Biological integrity" means the ability of a body of water to support and maintain a community of organisms that has the expected species composition, diversity, and functional organization comparable to that of the water in its natural condition.

(9) "Classification" means the water quality classification attributed to a designated use for a body of water in accordance with the provisions of 10 V.S.A. §§ 1252 and 1253.

(10) "Designated use" means any value or use, whether presently occurring or not, for which a water has been designated as Class A(1), A(2), B(1), or B(2).

(11) "Discharge" means the placing, depositing, or emissions of any wastes, directly or indirectly, into an injection well or into waters.

(12) "EPA or USEPA" means the U.S. Environmental Protection Agency.

(13) "Equilibrium condition" means the condition in which water flow, sediment, and woody debris are transported in a watershed in such a manner that the stream maintains its dimension, pattern, and profile without unnaturally aggrading or degrading the channel bed elevation at the stream reach scale.

(14) "Existing discharge" means any discharge to the extent authorized by a valid permit issued under the provisions of 10 V.S.A. §§ 1263 or 1265 as of January 7, 1985.

(15) "Existing use" means a use that has actually occurred on or after November 28, 1975, in or on waters, regardless of whether or not the use is presently occurring or included in these rules.

(16) "Flow characteristics" means the depth, volume, velocity, and variation of streamflow that, in part, determine stream processes, physical habitat structure, and aquatic habitat quality in channels and floodplains as governed by factors associated with valley setting, geology, and climate.

(17) "Full support of uses" means the achievement of the level of water quality necessary to consistently maintain and protect existing and designated uses and the achievement of management objectives consistent with the classification level for designated uses.

(18) "Functional component" means a portion of the aquatic biological community identified by its role in the processing of energy within the aquatic ecosystem (e.g., primary producers, detritivores, benthic insectivores and predators, etc.).

(19) "Groundwater" means water below the land surface.

(20) "Indirect discharge" means any discharge to groundwater, whether subsurface, land-based, or otherwise.

(21) "Intolerant aquatic organisms" means those organisms that are particularly sensitive to, and likely to be adversely affected by, the stress of pollution, flow modification, or habitat alteration (e.g., mayflies, stoneflies, and Brook Trout).

(22) "Low median monthly flow" means the median monthly flow for that month having the lowest median monthly flow.

(23) "Mean daily flow" means the arithmetic mean of the sum of individual flow values measured over a calendar day that is representative of the total flow over that 24-hour period.

(24) "Median monthly flow" means, for a given calendar month, the mean daily flow that is equaled or exceeded 50 percent of the time, based on a long-term record.

(25) "Median annual flow" means that mean daily flow that is equaled or exceeded 50 percent of the time.

(26) "Mixing zone" means a length or area within waters required for the dispersion and dilution of waste discharges adequately treated to meet federal and state treatment requirements and within which it is recognized that specific water uses or water quality criteria associated with the assigned classification for such waters may not be realized. A mixing zone shall not extend more than 200 feet from the point of discharge. A mixing zone shall not be used to meet water quality criteria for bioaccumulative toxins.

(27) "Natural condition" means the range of chemical, physical, and biological characteristics of a body of water that occur with only minimal effects from human influences.

(28) "Natural flow regime" means a water's characteristic pattern of variability in flow rates and water levels, annually, seasonally, and daily, without the influence of artificial flow regulation. This pattern of variability is characterized by the magnitude, frequency, duration, timing, and rate of change of hydrologic conditions.

(29) "New discharge" means any discharge not authorized under the provisions of 10 V.S.A. § 1263 as of January 7, 1985 or any increased pollutant loading or demand on the assimilative capacity of the receiving waters from an existing discharge that requires the issuance of a new or amended permit.

(30) "Nonpoint source waste" or "nonpoint source pollution" means waste that reaches waters in a diffuse manner from any source other than a point source including overland runoff from construction sites, or as a result of agricultural or silvicultural practices.

(31) "Nonpolluting waste" means waste that prior to treatment does not have the potential to impair the condition of waters.

(32) "Permit" means a certification, dam order, or other authorization in which during the application review process, compliance with the Vermont Water Quality Standards is evaluated pursuant to applicable state or federal law.

(33) "Physical habitat structure" means the diverse combination and complexity of instream forms created within substrate and woody debris on and within the bed and banks of the channel by stream processes and flow characteristics, as well as the portion of the riparian area that supports woody debris recruitment and temperature refuge. Physical habitat structure, in part, determines aquatic habitat quality at the stream reach and stream network scales by providing for all life cycle functions, which include the full set of forms necessary for the provision of and access to cover, overwintering, and temperature refuge and the substrates necessary for feeding and reproduction of aquatic biota and wildlife.

(34) "Point source" means any discernable, confined, and discrete conveyance, including any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, landfill leachate collection system, vessel or other floating craft, from which either a pollutant or waste is or may be discharged.

(35) "Public interest" means that which shall be for the greatest benefit to the people of the State as determined by the Secretary, in accordance with the criteria set forth 10 V.S.A. § 1253(c).

(36) "Receiving waters" means all waters adjacent to a discharge, and all downstream or other waters the quality of which may be affected by that discharge.

(37) "Reference water body" means a water that represents the natural condition for a specific water body type against which the condition of waters of similar water body type are evaluated.

(38) "Required agricultural practices (RAPs) or acceptable management practices for maintaining water quality on logging jobs (AMPs)" means those land management practices adopted by the Secretary of Agriculture, Food and Markets, and Commissioner of Forests, Parks and Recreation, respectively, in accordance with applicable state law.

(39) "Riparian areas" means the zones of interaction and influence between aquatic and terrestrial ecosystems along streams, rivers, lakes, wetlands, and other bodies of water.

(40) "Riverine impoundment" means a reach of river or stream subject to the backwater influence of a human-made dam with the water remaining generally within the natural channel.

(41) "Seven day low flow, ten year return period (7Q10)" means a flow equal to the lowest mean flow for seven consecutive days, adjusted to nullify any effects of artificial flow regulation, that has a 10% chance of occurring in any given year.

(42) "Secretary" means the Secretary of the Agency of Natural Resources or the Secretary's duly authorized representative.

(43) "Stream processes" means the hydrologic, bed-load sediment, and large woody debris regimes of a particular stream reach and is a term used to describe stream channel hydraulics, or the erosion, deposition, sorting, and distribution of instream materials by the power of flowing water. Stream processes work toward an equilibrium condition; are governed by flow characteristics, stream morphology, channel roughness, floodplain connectivity, and the riparian area, which supports woody debris recruitment and temperature refuge; and, in part, determine physical habitat structure and aquatic habitat quality.

(44) "Tactical basin plan" means a plan prepared by the Secretary for each of Vermont's 15 basins in conjunction with the basin planning process required by 40 C.F.R. Part 130, 10 V.S.A. Chapter 47, and these rules.

(45) "Taxonomic component" means a portion of the biological community identified by a hierarchical classification system for identifying biological organisms that uses physical and biological characteristics (e.g., Insecta: Plecoptera: Perlidae: Agnetina capitate).

(46) "Thirty day low flow, ten year return period (30Q10)" means a flow equal to the lowest mean flow for 30 consecutive days, adjusted to nullify any effects of artificial flow regulation, that has a 10% chance of occurring in any given year.

(47) "Tolerant aquatic organisms" means organisms (e.g., rattail maggots, annelids, Creek Chubs) that, although they may be affected by the stress of pollution, flow modification or habitat alteration, are less sensitive and less likely to be adversely affected than are intolerant aquatic organisms.

(48) "Toxic substances" means those wastes and combinations of wastes that, after discharge and upon exposure, ingestion, inhalation, or assimilation into any organism, either directly from the environment or indirectly by ingestion through food chains, will, on the basis of available information cause death, disease, behavioral abnormalities, cancer, genetic mutations, physiological or reproductive malfunctions, or physical deformations in such organisms or their offspring.

(49) "Waste" means effluent, sewage, or any substance or material, liquid, gaseous, solid or radioactive, including heated liquids, whether or not harmful or deleterious to waters; provided however, the term "sewage" as used in 10 V.S.A. Chapter 47 shall not include the rinse or process water from a cheese manufacturing process.

(50) "Waste management zone" means a specific reach of Class B(1) or B(2) waters designated by a permit to accept the discharge of properly treated wastes that prior to treatment contained organisms pathogenic to human beings. Throughout the receiving waters, water quality criteria must be achieved, but increased health risks exist in a waste management zone due to the authorized discharge.

(51) "Waters" include all rivers, streams, creeks, brooks, reservoirs, ponds, lakes, springs and all bodies of surface waters, artificial or natural, which are contained within, flow through, or border upon the State or any portion of it.

(52) "Watershed" means a region containing waters that drain into a particular brook, stream, river, or other body of water.

(53) "Wetland" means those areas of the state that are inundated by surface or groundwater with a frequency sufficient to support significant vegetation or aquatic life that depend on saturated or seasonally saturated soil conditions for growth and reproduction. Such areas include marshes, swamps, sloughs, potholes, fens, river and lake overflows, mud flats, bogs, and ponds, but excluding such areas as grow food or crops in connection with farming activities ( 10 V.S.A. § 902(5)).

Section 29 A-103. General Policy.

(a) These rules are intended to achieve the goals of the State's Water Quality Policy ( 10 V.S.A. § 1250), set forth below, as well as the objective of the federal Clean Water Act (33 U.S.C. § 1251 et seq.) which is to restore and maintain the chemical, physical, and biological integrity of the Nation's waters.

(b) Water Quality Policy. It is the policy of the State of Vermont to:

(1) protect and enhance the quality, character, and usefulness of its surface waters and to assure the public health;

(2) maintain the purity of drinking water;

(3) control the discharge of wastes to waters, prevent degradation of high quality waters, and prevent, abate, or control all activities harmful to water quality;

(4) assure the maintenance of water quality necessary to sustain existing aquatic communities;

(5) provide clear, consistent, and enforceable standards for the permitting and management of discharges;

(6) protect from risk and preserve in their natural state certain high quality waters including fragile high-altitude waters, and the ecosystems they sustain;

(7) manage waters to promote a healthy and prosperous agricultural community, to increase the opportunities for use of the State's forest, parks, and recreational facilities, and to allow beneficial and environmentally sound development; and

(8) seek over the long term to upgrade the quality of waters and to reduce existing risks to water quality.

(c) Water Conservation Policy. Water is a natural resource that should be managed efficiently to reduce waste through promotion of water conservation. It shall be the policy of the State to conserve the water resources of Vermont through technology, methods, and procedures designed to promote efficient use of water; to consider water conservation in all water use decisions; and to reduce or minimize the waste of water through water supply management practices.

(d) Riparian Policy. The State of Vermont recognizes the importance of conserving riparian areas adjacent to surface waters for their important physical, hydrological, and ecological functions, including water temperature moderation; sediment and nutrient filtration and retention; large wood and organic material recruitment and retention; streambank, shoreland, and floodplain stability; and the provision of habitat and travelways for a wide variety of species.

(e) Tactical Basin Planning.

(1) Pursuant to 10 V.S.A. § 1253, the Secretary is required to adopt tactical basin plans. Such plans inventory the existing and potential causes and sources of pollution that may impair the waters. Tactical basin plans establish a strategy to improve or restore waters, and to ensure full support of uses. Tactical basin plans serve as the guide, consistent with applicable state and federal law, for how various sources of pollution within each basin will be managed in order to achieve compliance with these rules. The Secretary is required by state law to revise all 15 tactical basin plans on a five year rotating basis.

(2) As part of the tactical basin planning process, public participation shall be sought to identify and inventory problems, solutions, high quality waters, existing uses and the quality of such uses, and significant resources of high public interest.

(3) In preparing tactical basin plans, the Secretary shall, to the extent required by applicable law, consider all relevant aspects of approved municipal plans and regional plans adopted under 24 V.S.A. Chapter 117 and coordinate and cooperate with the Secretary of the Agency of Agriculture, Food and Markets as provided for in 6 V.S.A. Chapter 215.

(4) Each tactical basin plan shall identify strategies, where necessary, by which to allocate levels of pollution between various sources as well as between individual discharges. Tactical basin plans shall, to the extent appropriate, contain specific recommendations by the Secretary that include the identification of all known existing uses, any recommended changes in classification and designation of waters, including reclassifying waters' uses from Class B(2) to a higher classification level and designating waters as Outstanding Resource Waters, schedules and funding for remediation, stormwater management, riparian zone management, and other measures or strategies pertaining to the enhancement and maintenance of the quality of waters within the basin.

(5) Upon adoption of a tactical basin plan, the Secretary shall promptly initiate rulemaking and shall give due consideration to the recommendations contained in the tactical basin plan.

(f) Hydrology Policy.

(1) The proper management of water resources now and for the future requires careful consideration of the interruption of the natural flow regime and the fluctuation of water levels resulting from the construction of new, and the operation of existing, dams, diversions, and other control structures. These rules, in conjunction with other applicable law, provide a means for determining conditions which preserve the natural flow regime of waters.

(2) When determining necessary streamflows or conditions necessary to further the goals of this policy through application of the applicable procedures or regulations, the Secretary, as provided for in 10 V.S.A. § 1003, may cooperate with appropriate federal, state, municipal, and private interests to assure consistency with these rules.

Section 29 A-104. Classification of Water Uses.

(a) Uses for waters are classified separately. A body of water may be assigned different classifications for different uses. For each use, management objectives and associated criteria for those objectives are presented by classification level in §29A-306 of these rules.

(b) All waters of the State shall be managed to support their designated and existing uses. Existing classifications of water uses shall be maintained unless reclassified in a manner consistent with the Act and in compliance with all applicable federal requirements, including 40 C.F.R. § 131.10(g).

(c) Recommendations for use reclassification shall be made during the tactical basin planning process or by the Department of Environmental Conservation on a case-by-case basis. Pursuant to 10 V.S.A. § 1253, on the Secretary's own motion, or on receipt of written request that the Secretary adopt, amend, or repeal a reclassification rule, the Secretary shall comply with 3 V.S.A. § 806 and may initiate a rulemaking proceeding to reclassify one or more uses of all or any portion of the affected waters in the public interest.

(d) The designated uses are:

(1) Aquatic biota and wildlife that may utilize or are present in the waters;

(2) Aquatic habitat to support aquatic biota, wildlife, or plant life;

(3) The use of waters for the enjoyment of aesthetic conditions;

(4) The use of waters for boating and related recreational uses;

(5) The use of waters for fishing and related recreational uses;

(6) The use of waters for swimming and other primary contact recreation;

(7) The use of the water for public water source; and

(8) The use of water for irrigation of crops and other agricultural uses.

(e) For all Class I and II wetlands, as defined in 10 V.S.A. § 902, the uses to be protected include the functions and values of the wetland as described in Section 5 of the Vermont Wetland Rules (https://dec.vermont.gov/watershed/wetlands/jurisdictional/rules).

Section 29 A-105. Antidegradation Policy.

(a) General. All waters shall be managed in accordance with these rules to protect, maintain, and improve water quality.

(b) Protection and Determination of Existing Uses. Existing uses of waters and the level of water quality necessary to protect those existing uses shall be maintained and protected regardless of the water's classification. Determinations of what constitute existing uses of particular waters shall be made either during the basin planning process or on a case-by-case basis during consideration of an application. The use of waters to receive or transport discharges of waste shall not constitute an existing use for purposes of these rules. In determining the existing uses to be protected and maintained under this section and all other sections of these rules, the Secretary shall consider the designated uses, and at least the following factors:

(1) Aquatic biota and wildlife that utilize or are present in the waters;

(2) Habitat that supports or is capable of supporting aquatic biota, wildlife, or plant life;

(3) The use of the waters for recreation or fishing;

(4) The use of the water for public water source, or commercial activity that depends directly on the preservation of an existing high level of water quality; and

(5) For factors (1) and (2) above, evidence of the use's ecological significance in the functioning of the ecosystem or evidence of the use's rarity.

(1) Waters the existing quality of which exceeds any applicable water quality criteria provide important environmental, economic, social, and other benefits to the people of the State. Except as provided in subdivision (2) of this subsection, such waters shall be managed to maintain and protect the higher water quality and minimize risk to existing and designated uses. In all cases, the level of water quality necessary to maintain and protect all existing uses as well as applicable water quality criteria shall be maintained.

(2) A limited reduction in the existing higher quality of such waters may be allowed only when it is shown that:

(A) through the applicable permitting or approval process, the Secretary has provided public notice of the draft decision and an opportunity for public comment on the decision;

(B) after an analysis of alternatives, allowing lower water quality is necessary to prevent substantial adverse economic or social impacts on the people of the State; and

(C) there shall be achieved the highest statutory and regulatory requirements for all new or existing point sources, and all cost effective and reasonable best management practices for nonpoint source control, consistent with state law.

(3) The analysis of alternatives required under subdivision (c)(2)(B) of this subsection shall evaluate a range of alternatives that would prevent or lessen the degradation associated with the proposed activity. When the analysis identifies one or more practicable alternatives, the Secretary shall only find that a lowering is necessary if one such practicable alternative is selected for implementation. For purposes of this section, "practicable" means technologically possible, able to be put into practice, and economically viable.

(4) To the extent any reduction in the quality of high quality waters is allowed, such reduction shall be limited to that which complies with subdivision (c)(2) of this subsection.

(d) Protection of Outstanding Resource Waters. The Secretary may under 10 V.S.A. § 1424a designate certain waters as Outstanding Resource Waters. Outstanding Resource Waters are listed in Appendix H of these rules. Where the Secretary so designates such waters for specific exceptional natural, recreational, cultural, or scenic values, their existing quality, associated with the values for which they have been designated, shall, at a minimum, be protected and maintained.

(e) Protection of Wetlands. Wetlands and their functions and values shall be protected as described by the Vermont Wetland Rules.

Section 29 A-106. Discharge Policy.

(a) Discharge Criteria. In addition to the other provisions of these rules, new discharges of wastes may be allowed only when all the following criteria are met:

(1) The proposed discharge is in conformance with all applicable provisions of these rules including the classification of the receiving waters adopted by the Secretary as set forth in Appendix F of these rules.

(2) There is neither an alternative method of waste disposal, nor an alternative location for waste disposal, that would have a lesser impact on water quality including the quality of groundwater, or if there is such an alternative method or location, it would be clearly unreasonable to require its use.

(3) The design and operation of any waste treatment or disposal facility is adequate and sufficiently reliable to ensure the full support of uses and to ensure compliance with these rules and with all applicable state and federal treatment requirements and effluent limitations.

(4) Except as provided for in 10 V.S.A. § 1259(d) and (f), the discharge of wastes other than nonpolluting wastes and stormwater runoff is prohibited in Class A(1) and A(2) waters regardless of the degree of treatment provided.

(5) Except as provided for in 10 V.S.A. § 1259, the discharge of wastes that, prior to treatment, contained organisms pathogenic to human beings into waters is prohibited.

(6) The receiving waters will have sufficient assimilative capacity to accommodate the proposed discharge.

(7) Assimilative capacity has been allocated to the proposed discharge consistent with the classification set forth in Appendix F of these rules.

(8) The discharge of wastes to the thermocline or hypolimnion of any lake in manner that may prevent the full support of uses is prohibited.

(9) The discharge of sewage into Class B(1) or B(2) waters shall not pose more than a negligible risk to public health. Compliance with this criterion shall include an assessment of both the level and reliability of treatment achieved and the impact of the discharge on the water quality of the receiving waters.

(b) Assimilative Capacity. The capacity of waters to assimilate both the discharge of wastes and the impact of other activities that may adversely affect water quality, and at the same time to be maintained at a level of water quality that is compatible with their classification, is finite. The Secretary may hold a portion of the assimilative capacity in reserve to provide for future needs, including the abatement of future sources of pollution and future social and economic development. Accordingly, the assimilative capacity of waters shall be carefully allocated in accordance with the "Wasteload Allocation Process" as adopted by the Secretary.

(c) Compliance Schedules. A permit issued pursuant to Vermont's federally delegated National Pollutant Discharge Elimination System (NPDES) program may, when appropriate, specify a schedule leading to compliance with the Vermont and Federal Clean Water Acts and regulations. The purpose of a schedule of compliance generally is to afford a permittee adequate time to comply with one or more permit requirements or limitations that are based on new, newly interpreted or revised water quality standards that became effective after both issuance of the initial permit for a discharge and July 1, 1977. For a permit requirement or limitation that is based on such a new, newly interpreted, or revised water quality standard, the Secretary may include a schedule of compliance in a permit at the time of permit reissuance or modification where the permittee either cannot comply with the permit requirement or limitation, or there is insufficient information available to determine whether the permittee can comply with the permit requirement or limitation. A schedule of compliance shall require compliance at the earliest possible time, as determined by the Secretary. A schedule of compliance shall include dates for specified tasks or activities leading to compliance and may include interim effluent limitations, as the Secretary deems appropriate. This provision does not limit the Secretary's authority to include compliance schedules in permits as provided by state law.

Section 29 A-107. Interpretation.

The Secretary may issue declaratory rulings regarding the water quality standards pursuant to 10 V.S.A. § 1252(f).

CH 2 APPLICATION OF STANDARDS

Section 29 A-201. Sampling and Analysis.

All numeric water quality criteria shall be applied by rounding to the nearest significant number in accordance with standard mathematic practice. For the purposes of these rules, sample collection, preservation, handling and analysis shall conform as closely as practicable to methods established in the most current edition or publication of any of the following sources:

(1) "Standard Methods For the Examination of Water and Wastewaters," Public Health Association, New York.

(2) "American Society for Testing and Materials," part 23, "Water; Atmospheric Analysis," American Society for Testing and Materials.

(3) "Methods for Chemical Analysis of Water and Wastes," U.S. Environmental Protection Agency.

(4) "Microbiological Methods for Monitoring the Environment - Water and Wastes," U.S. Environmental Protection Agency.

(5) The "Quality Assurance Program and Project Plan" prepared by the Secretary and as approved by EPA.

(6) Any applicable practice or procedure adopted by the Secretary under the provisions of 3 V.S.A. § 835 or any rule adopted as part of the "Vermont Water Pollution Control Permit Regulations" under the provisions of 3 V.S.A. § 836.

(7) Any applicable practices or procedures adopted by the Secretary for conducting nonpoint source pollution monitoring. Such procedures shall be adopted after public notice and comment. Until such procedures are adopted, nonpoint source pollution monitoring shall be conducted in accordance with generally accepted scientific monitoring or evaluation methodologies which the Secretary determines to be appropriate.

Section 29 A-202. Flow Values Used to Evaluate Compliance with Applicable Numeric Criteria for Rivers, Streams, Brooks, Creeks, and Riverine Impoundments.

(a) Natural Flow Regime

Where the natural flow regime is not altered or substantially influenced by any human-made structure or device, compliance with the applicable numeric water quality criteria shall be calculated on the basis of the 7Q10 flow value unless an alternate flow statistic is specified in Section 3-01 of these rules. This rule shall not be construed to allow less than normal design operation of any treatment facility during periods of low streamflow or to otherwise waive the terms of any permit.

(b) Natural Flow Regime Altered by Human-made Structures

(1) Where there is a Minimum Flow Agreement/Requirement. For waters where the natural flow regime is altered by a human-made structure and where a minimum flow agreement or requirement has been established under 10 V.S.A. § 1003, compliance with the applicable numeric water quality criteria shall be calculated on the basis of the 7Q10 flow value or at the agreed/required minimum flow, whichever is less, unless an alternative flow statistic is specified in Section 3-01 of these rules.

(2) Where there is No Minimum Flow Agreement/Requirement.For waters where the natural flow regime is altered by human-made structures and where no minimum flow agreement or requirement has been established, compliance with the applicable numeric water quality criteria shall be calculated on the basis of the 7Q10 flow value or at the absolute low flow resulting from flow regulation, whichever is less, unless an alternative flow statistic is specified in Section 3-01 of these rules.

Section 29 A-203. Nonpoint Source Pollution.

(a) Policy

(1) The State of Vermont recognizes that certain wastes from nonpoint sources, including nonpoint source waste from agricultural or silvicultural activities, are of such a nature that strategies required by the Act or by 6 V.S.A. Chapter 215, and those strategies developed in the tactical basin planning process, represent a practicable basis for achieving compliance with these rules.

(2) In implementing Section 2-03(A), the Secretary and the Secretary of the Agency of Agriculture, Food and Markets are encouraged to exercise the full range of discretion authorized by the Act and 6 V.S.A. Chapter 215 and to manage discharges of nonpoint source waste in as cost-effective a manner as possible consistent with the provisions of these rules.

(b) Use of Management Practices and Planning

(1) The requirements of these rules for any activity causing a nonpoint source discharge shall be presumed to be satisfied when the activity is in compliance with the RAPs, if applicable; is in compliance with the AMPs, if applicable; or is in compliance with BMPs required by statute, rule, permit, order, or other legally enforceable mechanism.

(2) Any presumption provided by this section shall be negated when a water quality analysis conducted according to §29A-201(7) of these rules demonstrates that there is a violation of these rules.

Section 29 A-204. Special Zones.

(a) Mixing Zones

(1) Designation. Mixing zones shall not be created in any Class A water. In Class B waters the Secretary may, in conjunction with the issuance of a permit, designate a specific portion of the receiving waters not exceeding 200 feet from the point of discharge as a mixing zone for any waste that has been properly treated to comply with all applicable state and federal treatment requirements and effluent limitations. Within any mixing zone the Secretary may, in accordance with the terms of a permit, waive specific provisions of §§1-03, 3-01, and 3-04(B) when consistent with the criteria in §2-04(A)(2) of these rules, provided that the quality of the waters outside of the mixing zone complies with all applicable provisions of these rules.

(2) Mixing Zone Criteria

The Secretary shall insure that conditions due to discharges of waste within any mixing zone shall:

(A) Not result in a significant increase in public health risk when evaluated using reasonable assumptions about exposure pathways;

(B) Not constitute a barrier to the passage or movement of fish or prevent the full support of aquatic biota, wildlife, and aquatic habitat uses in the receiving waters outside the mixing zone;

(D) Protect and maintain the existing uses of the waters;

(E) Be free from materials in concentrations that settle to form objectionable deposits;

(F) Be free from floating debris, oil, scum, and other material in concentrations that form nuisances;

(G) Be free from substances in concentrations that produce objectionable color, odor, taste, or turbidity; and

(H) Be free from substances in concentrations that produce undesirable aquatic life or result in a dominance of nuisance species.

(b) Waste Management Zones

(1) Designation. The designation of waste management zones is provided for in 10 V.S.A. § 1252(b)-(d). In Class B waters the Secretary may, in conjunction with the issuance of a permit for the direct discharge of properly treated wastes that prior to treatment contained organisms pathogenic to human beings, designate a specific portion of the receiving waters as a waste management zone when the criteria in subsection 2 of this section are met. Waste management zones shall not be created in any Class A water. Within such zones, all water quality criteria shall be met.

(2) Waste Management Zone Criteria

The Secretary shall insure that, in addition to complying with all other applicable provisions of the statute and these rules, any waste management zone meets the following criteria:

(A) It shall be the minimum length necessary to accommodate the authorized discharge;

(B) It shall be consistent with the anti-degradation policy ( Section 1-03) of these rules;

(C) It shall not result in significantly increased health risks when evaluated using reasonable assumptions about exposure pathways;

(D) It will be located and managed so as to not result in more than a negligible increased risk to public health adjacent to or downstream of the waste management zone; and

(E) It will not constitute a barrier to the passage or movement of fish or prevent the full support of aquatic biota, wildlife, and aquatic habitat uses.

Section 29 A-205. Public Water Supply.

(a) Designation. In accordance with 10 V.S.A. § 1252, waters that are managed for the purpose of public water supplies may be designated in Chapter 4 as Class A(2) Public Water Supplies.

(b) Public Water Supply Management. In accordance with 10 V.S.A. § 1250, it is the policy of the State of Vermont that public water supplies shall be managed in a manner that assures compliance with these rules. The Secretary is encouraged to exercise the full range of discretion consistent with 10 V.S.A., Chapters 47 and 56 to manage public water supplies to achieve such compliance.

Section 29 A-206. Water Quality Certifications Issued Pursuant to § 401 of the Clean Water Act.

(a) Section 401 of the Clean Water Act requires that for any federally licensed or permitted activity that may result in a discharge into waters of the United States, the State issue, waive, or deny water quality certification ensuring the discharge will comply with all applicable water quality requirements (33 U.S.C. § 1341).

(b) A water quality certification shall not be issued unless the applicant demonstrates all of the following:

(1) There is no practicable alternative to the proposed activity that would have a less adverse impact on waters and wetlands of the State, and provided that any proposed alternative shall not have other significant adverse human health, safety, or environmental consequences. An alternative is considered practicable if it is available and capable of being completed after taking into consideration cost, existing technology, and logistics in light of overall purposes of the proposed activity.

(A) Projects that are not likely to have significant impacts on water quality or wetland functions or values; railroad projects; or State or municipal road or highway projects do not require an analysis of practicable alternatives.

(B) Failure to comply with the requirements of this section shall not be the basis for denial of an application for a certification under Section 401 of the Clean Water Act if the proposed activity is exempt from those requirements under a rule adopted by the Secretary.

(2) There is reasonable assurance that the discharge will not result in a violation of these rules, including any applicable water quality criteria and the Antidegradation policy articulated in these rules.

(c) Any certification issued by the State shall establish conditions necessary to ensure that the federally licensed or permitted activity will comply with these rules, as well as with any other appropriate requirement of State law, including: 10 V.S.A. chapter 37 (wetlands protection and water resources management);

(1) 10 V.S.A. chapter 41 (regulation of stream flow);

(2) 10 V.S.A. § 1264 (stormwater management);

(3) 29 V.S.A. chapter 11 (management of lakes and ponds); and

(4) The Agency of Natural Resources Rules for Water Withdrawals for Snowmaking.

(d) The Secretary may issue a certification required by this subsection to any general permit or authorization issued by a federal agency. An applicant's compliance with that federal permit or authorization shall be presumed to be in compliance with the certification unless the Secretary determines that an individual review of the applicant's activity is necessary to assure compliance with the Vermont Water Quality Standards and other appropriate State laws.

(e) Public noticing of § 401 Water Quality Certification application, draft decision, and final decision.

(1) The applicant shall provide notice of their § 401 Water Quality Certification application to any person or adjoining property owner that receives notice of the federal license or permit application for which the § 401 Water Quality Certification is sought. Adjoining property owners are those whose property adjoins the waterbody or aquatic site where the work is being proposed.

(2) The Secretary shall provide notice of an administratively complete application through the environmental notice bulletin.

(3) The Secretary shall provide notice of the draft decision through the environmental notice bulletin and shall post the draft decision to the bulletin.

(4) The Secretary shall provide a public comment period of no less than 30 days.

(5) Any person may request a public meeting on the draft decision issued under this section within 14 days of the issuance of the draft decision. The Secretary shall hold a public meeting whenever any person files a written request for such a meeting. The Secretary otherwise may hold a public meeting at his or her discretion.

(6) The Secretary shall provide at least 14 days' notice of the public meeting through the environmental notice bulletin. If the notice of the public meeting is not issued at the same time as the draft decision or draft general permit, the Secretary also shall provide notice of the public meeting in the same manner as required for the draft decision or permit.

(7) The Secretary shall provide notice of the final decision through the environmental notice bulletin and shall post the final decision or permit to the bulletin. When the Secretary issues the final decision, the Secretary shall provide a response to comments.

CH 3 WATER QUALITY CRITERIA

Section 29 A -301. Natural Influences.

Waters in which one or more applicable water quality criteria are not met due to natural influences shall not be in noncompliance with respect to such criteria. In such waters, activities may be specifically authorized by a permit, provided that those activities do not further reduce the quality of the receiving waters and would comply with all other applicable criteria.

Section 29 A-302. Criteria Applicable to Waters Based upon Fish Habitat Designation, Use Classification, or Type of Body of Water.

The following water quality criteria shall be achieved in waters, as specified below:

(1) Temperature.

(A) General. The change or rate of change in temperature, either upward or downward, shall be controlled to ensure full support of aquatic biota, wildlife, and aquatic habitat uses. For the purpose of applying this criterion, ambient temperature shall mean the water temperature measured at a control point determined by the Secretary to be outside the influence of a discharge or activity.

(B) Cold Water Fish Habitat. Waters that are cold water fish habitat shall meet the following standards, as applicable, except as provided for in subdivision (D) of this subsection.

(i) Class A(1) Waters for Fishing. No increase in ambient temperature from the natural condition.

(ii) Class B(1) Waters for Fishing.

(I) If the maximum temperature is below 68°F as a rolling seven-day mean of maximum daily water temperatures for the entire period from June 1 to September 30 of any year, the total increase from the ambient temperature due to all discharges and activities shall not exceed 1.0°F.

(II) If the maximum temperature is above 68°F as a rolling seven-day mean of maximum daily water temperatures for the entire period from June 1 to September 30 of any year, there shall be no increase in temperature due to all discharges and activities.

(iii) Class A(2) and B(2) Waters for Fishing. The total increase from the ambient temperature due to all discharges and activities shall not exceed 1.0°F.

(C) Warm Water Fish Habitat. The total increase from the ambient temperature due to all discharges and activities shall not exceed the following temperature criteria, except as provided for in subdivision (D) of this subsection.

(i) Lakes, Ponds, and Reservoirs not including Riverine Impoundments.

(I) For waters with an ambient temperature above 60°F, the total temperature change shall not exceed 1°F.

(II) For waters with an ambient temperature between 60°F and 50°F, the total temperature change shall not exceed 2°F.

(III) For waters with an ambient temperature below 50°F, the total temperature change shall not exceed 3°F.

(ii) Rivers, Streams, Brooks, Creeks, and River Impoundments.

(I) For waters with an ambient temperature above 66°F, the total temperature change shall not exceed 1°F.

(II) For waters with an ambient temperature between 63°F and 66°F, the total temperature change shall not exceed 2°F.

(III) For waters with an ambient temperature between 59°F and 62°F, the total temperature change shall not exceed 3°F.

(IV) For waters with an ambient temperature between 55°F and 58°F, the total temperature shall not exceed 4°F.

(V) For waters with an ambient temperature below 55°F, the total temperature change shall not exceed 5°F.

(D) Assimilation of Thermal Wastes. The Secretary may, by permit condition, specify temperature limits that exceed the values specified above in order to authorize discharges of thermal wastes when it is shown that:

(i) The discharge will comply with all other applicable provisions of these rules;

(ii) A mixing zone of 200 feet in length is not adequate to provide for assimilation of the thermal waste; and

(iii) After taking into account the interaction of thermal effects and other wastes, that change or rate of change in temperature will not result in thermal shock or prevent the full support of uses of the receiving waters.

(2) Phosphorus.

(A) In all waters, total phosphorus loadings shall be limited so that they will not contribute to the acceleration of eutrophication or the stimulation of the growth of aquatic biota in a manner that prevents the full support of uses.

(B) For lakes, ponds, or reservoirs that have drainage areas of less than 40 square miles and a drainage area to surface area ratio of less than 500:1, and their tributaries:

(i) In addition to compliance with subdivision (A) of this subsection, there shall be no significant increase over currently permitted phosphorus loadings. Discharges to tributaries shall not increase in-stream conditions by more than 0.001 mg/l at low median monthly flow. Indirect discharges to lakes, ponds, or reservoirs shall not increase total dissolved phosphorus as measured in the groundwater 100 feet from the mean water level of the lake, pond, or reservoir by more than 0.001 mg/l.

(ii) Applicable basin plans, other applicable plans, permit limitations, and other measures adopted or approved by the Secretary, may define "no significant increase" so as to allow new or increased discharges of phosphorus, only when the permit for such discharges provides for a corresponding reduction in phosphorus loadings to the receiving waters in question.

(C) For Lake Champlain and Lake Memphremagog. All discharges into each of the lake segments identified in Table 1, or into tributaries within the basin, shall comply with the applicable Total Maximum Daily Load (TMDL), tactical basin plans, other applicable plans, permit limitations, and any other measures adopted or approved by the Secretary reasonably designed to achieve the criteria in Table 1.

Table 1. Phosphorus Criteria for Segments Within Lake Champlain and Lake Memphremagog.

Lake Segment (See Appendix B)		Phosphorus Criterion (mg/L as P)¹
Lake Champlain
	Main Lake	0.010
	Malletts Bay	0.010
	Burlington Bay	0.014
	Shelburne Bay	0.014
	Northeast Arm	0.014
	Isle LaMotte	0.014
	Otter Creek	0.014
	Port Henry	0.014
	St. Albans Bay	0.017
	Missisquoi Bay	0.025
	South Lake A	0.025
	South Lake B	0.054
Lake Memphremagog
	Main Lake	0.014
	South Bay	0.025

1. These criteria shall be achieved as the annual mean total phosphorus concentration in the photosynthetic depth (euphotic) zone in central, open water areas of each lake segment.

(3) Nitrates.

(A) In all waters nitrates shall be limited so that they will not contribute to the acceleration of eutrophication, or the stimulation of the growth of aquatic biota, in a manner that prevents the full support of uses.

(B) For lakes, ponds, and reservoirs, not including riverine impoundments, levels of nitrate not to exceed 5.0 mg/l as NO3-N (nitrate-nitrogen) regardless of classification.

(i) Not to exceed 0.20 mg/l, as NO3-N at flows exceeding low median monthly flows, in Class A(1) and A(2) waters above 2,500 feet altitude, National Geodetic Vertical Datum.

(ii) Not to exceed 2.0 mg/l as NO3-N at flows exceeding low median monthly flows, in Class A(1) and A(2) waters at or below 2,500 feet altitude, National Geodetic Vertical Datum.

(iii) Not to exceed 5.0 mg/l as NO3-N at flows exceeding low median monthly flows, in Class B(1) and B(2) waters.

(4) Turbidity.

(A) Class A(1) and A(2) Waters for Any Use or Cold Water Fish Habitat. Turbidity levels not to exceed 10 NTU (nephelometric turbidity units) as an annual average under dry weather base-flow conditions.

(B) All Other Waters. Turbidity levels not to exceed 25 NTU as an annual average under dry weather base-flow conditions.

(5) Dissolved Oxygen. The dissolved oxygen criteria are instantaneous minimum values.

(A) Cold Water Fish Habitat.

(i) In waters that the Secretary determines are salmonid spawning or nursery areas important to the establishment or maintenance of the fishery resource, not less than 7 mg/l and 75% saturation at all times, nor less than 95% saturation during late egg maturation and larval development of salmonids.

(ii) All Other Waters. Not less than 6 mg/l and 70% saturation at all times.

Section 29 A-303. General Criteria Applicable to all Waters.

The following water quality criteria shall be achieved in all waters, regardless of their classification:

(1) Sludge deposits or solid refuse. None.

(2) Settleable solids, floating solids, oil, grease, scum, or total suspended solids. None in such concentrations or combinations that would prevent the full support of uses.

(3) Taste and Odor. None that would prevent the full support of uses or have an adverse effect on the taste or odor of fish.

(4) Color. No change from the natural condition that would prevent the full support of uses.

(5) Alkalinity. No change from the natural condition that would prevent the full support of uses.

(6) pH. pH values shall be maintained within the range of 6.5 and 8.5. Both the change and the rate of change in pH values shall be controlled to ensure the full support of uses.

(7) Toxic substances.

(A) General criteria. Waters shall be managed to prevent the discharge of toxic substances in concentrations, quantities, or combinations that exceed:

(i) For toxic substances that are carcinogenic, a maximum individual lifetime risk to human health greater than 10-6;

(ii) For toxic substances that are noncarcinogenic, a maximum individual lifetime risk of no adverse effect to human health; or

(iii) Acute or chronic toxicity to aquatic biota or wildlife.

(B) Human health-based criteria.

(i) In rivers, streams, brooks, creeks, and riverine impoundments, the human health based toxic pollutant criteria listed in Appendix C shall be applied at the median annual flow for toxic substances that are classified as known, probable, or possible human carcinogens or at the 7Q10 flow for toxic substances that are classified as threshold toxicants (not known or probable carcinogens).

(ii) In all other waters, the human health based toxic pollutant criteria listed in Appendix C shall apply at all times.

(i) In rivers, streams, brooks, creeks, and riverine impoundments, the aquatic biota based toxic pollutants criteria that prevent acute or chronic toxicity listed in Appendix C shall be applied at 7Q10 flows. For chronic criteria that utilize 30-day average, 30Q10 flows shall apply. The 30Q10 flow is a biologically based design flow used to protect aquatic life from chronic effects.

(ii) In all other waters, the aquatic biota based toxic pollutant criteria for acute or chronic toxicity listed in Appendix C shall apply at all times.

(D) Other toxic substances.

(i) Where numeric criteria for a toxic substance are not established by these rules, the Secretary may establish such criteria consistent with subsection (7) of this section, based on the procedures set forth in the Vermont Toxic Discharge Control Strategy (1994).

(ii) In establishing such limits, the Secretary shall give consideration to the potential for bio-accumulation as well as any antagonistic or synergistic relationship that may exist between the wastes being discharged and the concentration of other wastes or constituents in the receiving waters.

(8) Radioactive Substances.

(A) Waters shall be managed to prevent the discharge of radioactive substances in concentrations, quantities, or combinations that may create a significant likelihood of an adverse impact on human health or a risk of acute or chronic toxicity of aquatic biota or wildlife. Unless otherwise required by these rules, the Secretary shall determine limits for discharges containing radioactive substances based on the results of biological toxicity assessments and the appropriate available scientific data, including:

(i) The Vermont State Health Regulation, Part 5, Chapter 3 "Radiological Health," effective as of January 1, 2010.

(ii) 10 C.F.R. Part 50, Appendix I.

(B) The discharge of radioactive substances shall not exceed the lowest limits which are reasonably achievable.

Section 29 A-304. Hydrology Criteria.

(a) General. To effectively implement the water conservation and hydrology policies set forth in §29A-103 of these rules, and to ensure full support of uses, the following hydrology criteria shall be achieved and maintained, where applicable. Where there are multiple activities that affect flow in a watershed, a determination of compliance with the following criteria shall include consideration of the cumulative effects of these activities.

(b) Streamflow Protection.

(1) Class A(1) Waters for Aquatic Habitat. Changes from the natural flow regime shall not cause the natural flow regime to be diminished, in aggregate, by more than 5% of 7Q10 at any time;

(2) Class B(1) Waters for Aquatic Habitat. Changes from the natural flow regime, in aggregate, shall not result in natural flows being diminished by more than a minimal amount provided that all uses are fully supported; and when flows are equal to or less than 7Q10, by not more than 5% of 7Q10. The method for ensuring compliance with this subsection is a site-specific flow study or studies.

(3) Class A(2) and B(2) Waters for Aquatic Habitat or Recreation - Boating. Any change from the natural flow regime shall provide for maintenance of flow characteristics that ensure the full support of uses and comply with the applicable water quality criteria. The preferred method for ensuring compliance with this subsection is a site specific flow study or studies. In the absence of site specific studies, the Secretary may establish hydrologic standards and impose additional hydrologic constraints, consistent with any applicable Agency of Natural Resources rule or procedure, to ensure compliance with the requirements of this subsection

(1) Parameters for study-based, site-specific streamflow protection requirements. Site specific studies shall be sufficiently based on scientific knowledge so that the study will aid in the Secretary's consideration of appropriate site-specific flow criteria. In the case of aquatic habitat studies, those methodologies that are acceptable for determining streamflow protection requirements pursuant to this section include hydraulic habitat studies, as well as other comparable methods of evaluation deemed appropriate by the Secretary, provided that such evaluation complies with each of the following requirements:

(A) the methodology is tailored to provide information from which to determine the relationship between aquatic habitat and streamflow;

(B) the methodology, or the scientific evaluations upon which it is based, have been subjected to peer review and evaluation, and the results of such peer review and evaluation support the conclusion that the methodology is generally acceptable.

(2) Proposals for developing site-specific flow criteria. When considering proposals for developing site-specific flow criteria in conjunction with review of an application, the Secretary may first require the filing of a study plan that defines the method to be used and provides any study details that the Secretary deems necessary, and, in the case of a study designed to evaluate the relationship between aquatic habitat and streamflow, the Secretary shall make a ruling as to the acceptability of the methodology. The Secretary need not consider any flow study unless the study plans have obtained the Secretary's approval. The plan may include Agency of Natural Resources oversight during study execution and study refinement and modification as the study proceeds. The Secretary should also establish a procedure by which completeness of the evidence in support of the proposed study-based flow could be determined prior to the Secretary's determination on the application. If the proposal is determined to be incomplete, or if the methodology which is employed is unacceptable to the Secretary, the Secretary shall issue a written request for the submission of additional evidence, with general instructions to the applicant as to the deficiency of the evidence previously submitted.

(d) Water Level Fluctuations.

(1) Class A(1) and B(1) Waters for Aquatic Habitat. Manipulation of the water level of lakes, ponds, reservoirs, riverine impoundments, and any other waters shall result in no more than a minimal deviation from the natural flow regime.

(2) Class A(2) and B(2) Waters for Aquatic Habitat or Recreation - Boating. Lakes, ponds, reservoirs, riverine impoundments, and any other waters may exhibit artificial variations in water level when subject to water level management, but only to the extent that such variations ensure full support of uses.

(e) High Flow Regime.

(1) Class A(1) and B(1) Waters for Aquatic Habitat. No change from the natural flow regime that would result in more than a minimal impact upon these waters.

(2) Class A(2) and B(2) Waters for Aquatic Habitat or Recreation - Boating. No change from the natural flow regime that would result in a change in the timing or an increase in the frequency, magnitude, rate of change, or duration of peak flows adversely affecting channel integrity or prevent the full support of uses.

Section 29 A-305. Numeric Biological Indices and Aquatic Habitat Assessments.

(a) The Secretary shall determine whether there is full support of the aquatic habitat use through appropriate methods of evaluation, including hydrogeomorphic assessments of flow characteristics, physical habitat structure, and stream processes for rivers and streams and aquatic habitat studies for lakes, ponds, and reservoirs. Applicants shall obtain the Secretary's approval of study plans prior to conducting an evaluation.

(b) In addition to other applicable provisions of these rules and other appropriate methods of evaluation, the Secretary shall establish and apply numeric biological indices to determine whether there is full support of the aquatic biota use for each class of water. In establishing numeric biological indices, the Secretary shall establish procedures that employ standard sampling and analytical methods to characterize the biological integrity of the natural condition using reference water bodies.

(c) Standardized sampling and analytical methods used to characterize the biological integrity of these communities are provided in Appendix G of these rules. Characteristic measures of biological integrity include community level parameters such as: species richness, diversity, relative abundance of tolerant and intolerant aquatic organisms, density, and the functional group composition.

Section 29 A-306. Use-specific Management Objectives and Criteria by Class.

(a) Aquatic Biota and Wildlife.

(1) Class A(1).

(A) Management Objectives. Waters shall be managed to achieve and maintain excellent biological integrity and aquatic biota and wildlife consistent with waters in their natural condition.

(B) Biological Criteria. Measures of biological integrity for aquatic macroinvertebrate and fish assemblages consistent with waters in their natural condition.

(2) Class B(1).

(A) Management Objectives. Waters shall be managed to achieve and maintain very good biological integrity.

(B) Biological Criteria. Change from the natural condition for aquatic macroinvertebrate and fish assemblages limited to minor changes in the relative proportions of taxonomic, functional, tolerant, and intolerant aquatic organisms.

(3) Classes A(2) and B(2).

(A) Management Objectives. Waters shall be managed to achieve and maintain good biological integrity.

(B) Biological Criteria. Change from the natural condition for aquatic macroinvertebrate and fish assemblages not exceeding moderate changes in the relative proportions of taxonomic, functional, tolerant, and intolerant aquatic organisms.

Table 2. Combined Nutrient Criteria for Aquatic Biota and Wildlife in Rivers and Streams

Class A(1)			Class B(1)			Classes A(2) and B(2)
Stream Type²	SHG	MHG	WWMG	SHG	MHG	WWMG	SHG	MHG	WWMG
Nutrient Concentrations
Total Phosphorus (µg/L)³	10	9	18	10	9	21	12	15	27
Nutrient Response Conditions
pH	Not to exceed 8.5 standard units.
Turbidity	Consistent with the criteria in §29A-302(4) of these rules.
Dissolved Oxygen	Consistent with the criteria in §29A-302(5) of these rules.
Aquatic Biota	Consistent with the criteria under §29A-305(a) of these rules.
1. Compliance with nutrient criteria shall be achieved either by compliance with the nutrient concentration values specified above or by compliance with all nutrient response conditions. In situations where the applicable nutrient concentrations are achieved but the nutrient response conditions are not met as a result of nutrient enrichment, the Secretary may establish alternate nutrient concentration values on a site-specific basis, as necessary, to achieve compliance with the nutrient response conditions. All waters shall maintain a level of water quality that provides for the attainment and maintenance of the water quality standards of downstream waters. 2. Stream type determinations made by the Secretary are based on biological community types that relate to stream size, gradient, and elevation. The stream types are Small High Gradient (SHG), Medium High Gradient (MHG), and Warm Water Moderate Gradient (WWMG). 3. Not to be exceeded at low median monthly flow during June through October in a section of the stream representative of well-mixed flow.

(b) Aquatic Habitat.

(1) Class A(1).

(A) Management Objectives. Waters shall be managed to achieve and maintain excellent quality aquatic habitat. The physical habitat structure, stream processes, and flow characteristics of rivers and streams and the physical habitat and water level of lakes and ponds shall be managed consistent with waters in their natural condition.

(B) Criteria.

(i) Rivers and Streams. No change in flow characteristics, physical habitat structure, and stream processes outside the range of the natural condition.

(ii) Lakes, Ponds, and Reservoirs. No change in aquatic habitat measures outside the range of the natural condition.

(iii) Hydrology Criteria. Waters shall comply with the Hydrology Criteria in §29A-304 of these rules.

(2) Class B(1).

(A) Management Objectives. Waters shall be managed to achieve and maintain very high quality aquatic habitat. The physical habitat structure, stream processes, and flow characteristics of rivers and streams and physical habitat and water level of lakes and ponds necessary to fully support all life-cycle functions of aquatic biota and wildlife, including overwintering and reproductive requirements, are maintained and protected.

(B) Criteria.

(i) Rivers and Streams. Changes to flow characteristics, physical habitat structure, and stream processes limited to minor differences from the natural condition and consistent with the full support of very high quality aquatic habitat.

(ii) Lakes, Ponds, and Reservoirs. Changes in aquatic habitat limited to minor differences from the natural condition and consistent with very high quality aquatic habitat.

(iii) Hydrology Criteria. Waters shall comply with the Hydrology Criteria in §29A-304 of these rules.

(3) Classes A(2) and B(2).

(A) Management Objectives. Waters shall be managed to achieve and maintain high quality aquatic habitat. The physical habitat structure, stream processes, and flow characteristics of rivers and streams and the physical habitat and water level of lakes and ponds necessary to fully support all life-cycle functions of aquatic biota and wildlife, including overwintering and reproductive requirements, are maintained and protected.

(B) Criteria.

(i) Rivers and Streams. Changes to flow characteristics, physical habitat structure, and stream processes limited to moderate differences from the natural condition and consistent with the full support of high quality aquatic habitat.

(ii) Lakes, Ponds, and Reservoirs. Changes in aquatic habitat limited to moderate differences from natural condition and consistent with high quality aquatic habitat. When such habitat changes are a result of water level fluctuation, compliance may be determined on the basis of aquatic habitat studies.

(iii) Hydrology Criteria. Waters shall comply with the Hydrology Criteria in §29A-304 of these rules.

(1) Class A(1).

(A) Management Objectives. Waters shall be managed to achieve and maintain excellent aesthetic quality.

(B) Criteria.

(i) Rivers and Streams. Water character, flows, water level, bed and channel characteristics, and flowing and falling waters in their natural condition.

(ii) Lakes, Ponds, and Reservoirs. Refer to Table 3.

(2) Classes A(2) and B(1).

(A) Management Objectives. Waters shall be managed to achieve and maintain very good aesthetic quality.

(B) Criteria.

(i) Rivers and Streams. Water character, flows, water level, bed and channel characteristics, and flowing and falling waters of very good aesthetic value.

(ii) Lakes, Ponds, and Reservoirs. Refer to Table 3.

(3) Class B(2).

(A) Management Objectives. Waters shall be managed to achieve and maintain good aesthetic quality.

(B) Criteria.

(i) Rivers and Streams. Water character, flows, water level, bed and channel characteristics, and flowing and falling water of good aesthetic value.

(ii) Lakes, Ponds, and Reservoirs. Refer to Tables 1 and 3.

Table 3. Combined Nutrient Criteria for Aesthetics Uses in Lakes, Ponds, and Reservoirs Except for Lake Champlain and Lake Memphremagog^1,2

Class A(1)	Classes A(2) and B(1)	Class B(2)
Nutrient Concentrations
Total Phosphorus³(µg/L)	12	17	18
Nutrient Response Conditions
Secchi Disk Depth (meters)⁴	5.0	3.2	2.6
Chlorophyll-a (µg/L)³	2.6	3.8	7.0
pH	Not to exceed 8.5 standard units.
Turbidity	Consistent with the criteria in §29A-302(4) of these rules.
Dissolved Oxygen	Consistent with the criteria in §29A-302(5) of these rules.
1. Compliance with nutrient criteria shall be achieved either by compliance with the nutrient concentration values specified above or by compliance with all nutrient response conditions. In situations where the applicable nutrient concentrations are achieved but the nutrient response conditions are not met as a result of nutrient enrichment, the Secretary may establish alternate nutrient concentration values on a site-specific basis, as necessary, to achieve compliance with the nutrient response conditions. All waters shall maintain a level of water quality that provides for the attainment and maintenance of the water quality standards of downstream waters. 2. Applies to lakes and reservoirs greater than 20 acres in surface area with a drainage area to surface area ratio less than 500:1, excluding Lake Champlain and Lake Memphremagog. 3. June through September mean not to be exceeded in the photosynthetic depth (euphotic) zone at a central location in the lake. 4. June through September mean not to be less at a central location in the lake.

(d) Recreation - Boating

(1) Class A(1).

(A) Management Objectives. Waters shall be managed to achieve and maintain excellent quality boating as compatible with the natural condition.

(B) Criteria. Boating to the full extent naturally feasible without degradation due to artificial flow and water level management or artificial physical impediments.

(2) Class B(1).

(A) Management Objectives. Waters shall be managed to achieve and maintain very good quality boating.

(B) Criteria. Boating to the extent feasible with no more than minor degradation due to artificial flow and water level management or artificial impediments, and with appropriate mitigation for artificial physical impediments.

(3) Classes A(2) and B(2).

(A) Management Objectives. Waters shall be managed to achieve and maintain a level of water quality compatible with good quality boating.

(B) Criteria. Waters shall comply with the Hydrology Criteria in §29A-304 of these rules.

(e) Recreation - Fishing.

(1) Class A(1).

(A) Management Objectives. Waters shall be managed to achieve and maintain excellent quality fishing consistent with the natural condition.

(B) Criteria.

(i) Measures of wild salmonid densities, biomass, and age composition consistent with those expected in waters in their natural condition.

(ii) Waters that are designated cold water fish habitat shall comply with the Temperature Criteria in §29A-302(B) of these rules.

(2)Class B(1).

(A) Management Objectives. Waters shall be managed to achieve and maintain very good quality fishing.

(B) Criteria.

(i) Measures of wild salmonid densities, biomass, and age composition indicative of very good population levels.

(ii) Waters that are designated cold water fish habitat shall comply with the Temperature Criteria in §29A-302(B) of these rules.

(3) Classes A(2) and B(2).

(A) Management Objectives. Waters shall be managed to achieve and maintain a level of water quality compatible with good quality fishing.

(B) Criteria.

(i) Measures of wild salmonid densities, biomass, and age composition indicative of good population levels.

(ii) Waters that are designated cold water fish habitat shall comply with the Temperature Criteria in §29A-302(B) of these rules.

(f) Recreation - Swimming and Other Primary Contact Recreation.

(1) Class A(1).

(A) Management Objectives. Waters shall be managed to achieve and maintain a level of water quality compatible with excellent quality swimming and other primary contact recreation with negligible risk of illness or injury from conditions that are a result of human activities.

(2) Class A(2).

(A) Management Objectives. Waters shall be managed, as necessary, for consistency with use as a public water source. Where sustained direct contact with the water occurs, waters shall be managed to achieve and maintain a negligible risk of illness or injury from conditions that are a result of human activities.

(B) Criteria. Waters shall comply with the Escherichia coli Criteria in subdivision (1)(B) of this subsection.

(3) Class B(1).

(A) Management Objectives. Where sustained direct contact with the water occurs, waters shall be managed to achieve and maintain a level of water quality compatible with very good quality swimming and other primary contact recreation with negligible risk of illness or injury from conditions that are a result of human activities.

(B) Criteria. Escherichia coli - Not to exceed a geometric mean of 126 organisms/100ml obtained over a representative period of 60 days, and no more than 10% of samples above 235 organisms/100 ml.

(4) Class B(2).

(A) Management Objectives. Where sustained direct contact with the water occurs, waters shall be managed to achieve and maintain a level of water quality compatible with good quality swimming and other primary contact recreation with negligible risk of illness or injury from conditions that are a result of human activities.

(B) Criteria. Escherichia coli - Not to exceed a geometric mean of 126 organisms/100ml obtained over a representative period of 60 days, and no more than 10% of samples above 235 organisms/100 ml. In waters receiving combined sewer overflows, the representative period shall be 30 days. The Secretary may, by permit condition, waive compliance with this criterion during all or any portion of the period between October 31 and April 1, provided that a health hazard is not created. The Secretary shall provide written notice to the Vermont Department of Health prior to issuing a permit waiving compliance with this criterion.

(g) Public Water Sources.

(1) Class A(2).

(A) Management Objectives. Waters shall be managed to achieve and maintain a uniformly excellent character and a level of water quality highly suitable for use as a public water source with filtration and disinfection or other required treatment.

(B) Criteria. Waters shall comply with the Escherichia coli Criteria in subsection (f)(1)(B) of this section.

(2) Class B(2).

(A) Management Objectives. Waters shall be managed to achieve and maintain a level of quality that is suitable for use as a public water source with filtration and disinfection or other required treatment.

(B) Criteria. Escherichia coli - Not to exceed a geometric mean of 126 organisms/100ml obtained over a representative period of 60 days, and no more than 10% of samples above 235 organisms/100 ml.

(h) Irrigation of Crops and Other Agricultural Uses. Class B(2). Management Objectives. Waters shall be managed to achieve and maintain a level of quality that is suitable, without treatment, for irrigation of crops used for human consumption without cooking and suitable for other agricultural uses.

Section 29 A-307. Classification of Waters.

Pursuant to 1253, all waters are classified for one or more uses as Class A(1), A(2), B(1), or B(2). Appendix F of these rules lists the specific classifications for all waters.

Section 29 A-308. Fish Habitat Designation.

To provide for the protection and management of fisheries, waters are designated in Appendix A as being either a cold or a warm water fish habitat. Where appropriate, such designations may be seasonal.

Appendix A. Fish Habitat Designation.

A. Warm Water Fish Habitat

All wetlands, except those designated as cold water fish habitat in paragraph B below, and the following waters are designated as warm water fish habitat for purposes of these rules:

1. Battenkill, Walloomsac, Hoosic Basin

(a) Lake Hancock (Sucker Pond), Stamford

(b) Thompsons Pond, Pownal

2. Poultney, Mettawee Basin

(a) All waters west of Vermont Route 22A.

(b) Austin Pond, Hubbardton

(d) Billings Marsh Pond, West Haven

(e) Burr Pond, Sudbury

(f) Coggman Pond, West Haven

(g) Echo Lake (Keeler Pond) Hubbardton/Sudbury

(h) Half Moon Pond, Hubbardton

(i) Hinkum Pond, Sudbury

(j) Lake Hortonia, Hubbardton/Sudbury

(k) Inman Pond, Fair Haven

(l) Lily Pond, Poultney

(m) Little Pond, Wells

(n) Love's Marsh, Castleton

(o) Mill Pond (Parson's Mill Pond), Benson

(p) Northeast Developer's Pond, Wells

(q) Old Marsh Pond, Fair Haven

(r) Pine Pond, Castleton

(s) Poultney River from Carvers Falls in West Haven to its confluence with Lake Champlain

(t) Sunrise Lake, Benson/Orwell

3. Otter Creek, Little Otter Creek and Lewis Creek Basin

(a) All waters lying west of Vermont Route 22A and south of the City of Vergennes.

(b) Brilyea East Pond, Addison

(d) Chipman Lake (Tinmouth Pond), Tinmouth

(e) Danby Pond, Danby

(f) East Creek Site I, Orwell

(g) Fern Lake, Leicester

(h) Lemon Fair River

(i) Mud Pond, Leicester

(j) Otter Creek from the outfall of the Proctor wastewater treatment facility in Proctor, to its confluence with Lake Champlain, except that portion between the Beldens Dam and the Huntington Falls Dam in New Haven/Weybridge.

(k) Richville Pond, Shoreham

(l) Stone Bridge Pond, Panton/Addison

(m) Wallingford Pond, Wallingford

4. Lower Lake Champlain Basin

(a) Lake Champlain south of the Crown Point Bridge.

(b) Lake Champlain, between the Crown Point Bridge and the Ferrisburg-Charlotte town boundary, where depths are less than 25 feet at Low Lake Level (93 feet NGVD) - June 1, through September 30, only.

5. Upper Lake Champlain Basin

(a) All streams, creeks and brooks lying with Grand Isle County.

(b) Lake Carmi, Franklin(c)

(c) Lake Champlain, between the Ferrisberg-Charlotte town boundary and the Canadian boundary, where depths are less than 25 feet at Low Lake Level (93 feet NGVD) - June 1, through September 30, only.

(d) Cutler Pond, Highgate

(e) Holmes Creek, Charlotte,

(f) Indian Brook, Colchester from Vermont Routes 2 & 7 to its confluence with Lake Champlain

(g) Lake Iroquois, Hinesburg/Williston

(h) LaPlatte River from its confluence with Patrick Brook in Hinesburg extending downstream to the Spear Street extension bridge in Charlotte annually from the period June 1 through September 30, only.

(i) Long Pond, Milton

(j) Lower Lake, (Lake Sunset), Hinesburg

(k) Malletts Creek, Colchester, from Vermont Routes 2 & 7 to its confluence with Lake Champlain

(l) Milton Pond, Milton

(m) Mud Creek Pond, Alburg

(n) Murr (Monroe) Brook, Shelburne

(o) Rock River from the Canadian boundary to its confluence with Lake Champlain

(p) Round Pond, Milton

(q) St. Albans Reservoir (N), Fairfax

(r) Stevens Brook, St. Albans

6. Missisquoi Basin

(a) Metcalf Pond, Fletcher

(b) Fairfield Pond, Fairfield

(d) Missisquoi River from the outfall of the Enosburg Falls wastewater treatment facility to the Swanton Dam Swanton

7. Lamoille Basin

(a) Arrowhead Mountain Lake, Milton/Georgia

(b) Flagg Pond, Wheelock

(d) Hardwick Lake, Hardwick

(e) Horse Pond, Greensboro

(f) Lake Elmore, Elmore

(g) Lamoille River from the Peterson Dam in Milton to its confluence with Lake Champlain - June 1, through September 30, only.

(h) Long Pond (Belvidere Pond), Eden

(i) Long Pond, Greensboro

(j) Tuttle Pond, Hardwick

(k) Wapanaki Lake, Wolcott

8. Winooski Basin

(a) Berlin Pond, Berlin

(b) Bliss Pond, Calais

(d) Cranberry Meadow Pond, Woodbury

(e) Curtis Pond, Calais

(f) Gillett Pond, Richmond

(g) Harwood Pond, Elmore

(h) Molly's Pond, Cabot

(i) North Montpelier Pond, East Montpelier/Calais

(j) Richmond Pond, Richmond

(k) Shelburne Pond, Shelburne

(l) Sodom Pond, East Montpelier/Calais

(m) Valley Lake (Dog Pond), Woodbury

(n) Winooski River from Green Mountain Power Corporation #19, in Essex/Williston to its confluence with Lake Champlain - June 1, through September 30, only.

9. White River Basin

(a) Lamson Pond, Brookfield

(b) Silver Lake, Barnard

10. Ottauquechee, Black Basin

(a) Black River from the Lovejoy Dam in Springfield to its confluence with the Connecticut River - June 1, through September 30, only.

(b) Deweys Mill Pond, Hartford

(d) Lake Pinneo, Hartford

(e) North Hartland Reservoir, Hartland/Hartford

(f) North Springfield Reservoir, Springfield/Weathersfield

(g) Ottauquechee River from the North Hartland Dam in Hartland to its confluence with the Connecticut River.

11. West, Williams, and Saxtons Basin

(a) Burbee Pond, Windham

(b) Cole Pond, Jamaica

(d) Lowell Lake, Londonderry

12. Deerfield Basin

(a) Gates Pond, Whitingham

(b) Grout Pond, Stratton

(d) Jacksonville Pond, Whitingham

(e) North Pond, Whitingham

(f) Sadawaga Pond, Whitingham

(g) Shippee Pond, Whitingham

13. Lower Connecticut, Mill Brook Basin

(a) Lake Runnemede (Evart's Pond), Windsor

(b) Lily Pond, Vernon

14. Stevens, Wells, Waits, Ompompanoosuc Basin

(a) Lake Abenaki, Thetford

(b) Ticklenaked Pond, Ryegate

15. Passumpsic Basin

(a) Bruce Pond, Sheffield

(b) Chandler, Wheelock

16. Upper Connecticut, Nulhegan, Willard Stream, Paul Stream Basin

(a) Dennis Pond, Brunswick

(b) Halls Lake, Newbury

(d) Lake Morey, Fairlee

(e) Lower Symes Pond, Ryegate

(f) Stevens Pond, Maidstone

17. Lake Memphremagog, Black, Barton, Clyde, Coaticock, Basin

(a) Daniels Pond, Glover

(b) Lake Derby, Derby

(d) Little Hosmer Pond, Craftsbury

(e) Mud Pond, Craftsbury

(f) Mud Pond, (North) Morgan

(g) Tildy's Pond (Clark Pond), Glover

(h) Toad Pond, Charleston

(i) Turtle Pond, Holland

B. Cold Water Fish Habitat

1. All waters not designated as warm water fish habitat by subsection A are hereby designated as cold water fish habitat for purposes of these rules.

2. The following wetlands are designated as cold water fish habitat:

(a) Those wetlands adjacent to the Dog River and its tributaries from the headwaters of the Dog River to the point where it first crosses State Aid highway #62 in Roxbury, a distance of approximately 1.5 miles.

(b) Those wetlands adjacent to the headwaters of the Winhall River and its tributaries on the east and west side from the outlet of Stratton Pond to the Stratton-Winhall boundary, a distance of approximately 2.0 miles.

(c) Those wetlands adjacent to the Batten Kill River from a point .75 miles north of East Dorset and extending to its confluence with Dufresne Pond in Manchester, a distance of approximately 5.5 miles.

(d) Those wetlands adjacent to the New Haven River and its tributaries from its confluence with Blue Bank Brook in Lincoln upstream to the headwaters of the respective tributaries, a distance of approximately 1.75 miles.

Appendix B. Phosphorus Criteria §3-01(A)(2)(c), Description of Lake Champlain and Lake Memphremagog segments.

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Appendix C. Water Quality Criteria for the Protection of Human Health and the Aquatic Biota.

Criteria are in micro grams per liter (g/l - parts per billion) unless indicated otherwise.

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GENERAL NOTES:

This Appendix has been updated to reflect USEPA recommendations as of October 2012. These recommendations were published in "National Recommended Water Quality Criteria," and can be found at http://water.epa.gov/scitech/swguidance/standards/criteria/current/index.cfm

The most significant changes from previous versions of Appendix C are to Human Health criteria and reflect EPA's new methodology for deriving human health criteria (Methodology for Deriving Ambient Water Quality for the Protection of Human Health" (2000), EPA-822-B-00-004, October, 2000) as published in 65 FR 66443. Additional notes and information concerning these criteria can be found in the documents referenced here. Equations used to calculate hardness-dependent metal criteria have been updated (Appendix E) and factors for converting total recoverable-based to dissolved-based criteria for metals (Appendix D) have been added to reflect current recommendations of USEPA.

"FR Cite/Source" citations have been added to all criteria. This citation refers to the EPA publication from which the criteria are derived. The "Gold Book" is Quality Criteria for Water: 1986. EPA 440/5-86-001.

Chemical Abstracts Service (CAS) registry numbers have been added to Appendix C. CAS numbers provide a unique identification for each chemical.

Tox Class - designated toxicity class for substance: A=Class A carcinogen (known human carcinogen); C=Carcinogenic (probable or possible human carcinogen); TT=Threshold Toxicant (not a known or probable carcinogen); BC=High potential to bioconcentrate or bioaccumulate;

Carcinogenic - for those toxic substances which are identified as carcinogens (A or C) the criteria have been established at a risk level of 10^-6 assuming a lifetime exposure to a 70 Kg male consuming 17.5 grams per day of fish and shell-fish products and ingesting 2.0 liters of water per day.

Threshold Toxicants - for those toxic substances which are identified as non-carcinogens (TT) the criteria are best estimates of concentrations which are not expected to produce adverse effects in human health assuming a lifetime exposure to a 70 Kg male consuming 17.5 grams per day of fish and shell-fish products and ingesting 2.0 liters of water per day.

Footnotes:

a. Maximum Allowable Concentration (MAC) = the highest concentration of a pollutant to which aquatic life can be exposed for a short period of time (1-hour average) once every three years without deleterious effects. Average Allowable Concentration (AAC) - the highest concentration of a pollutant to which aquatic life can be exposed for an extended period of time (4 days) once every three years without deleterious effects. µg/l = micrograms per liter. The MAC is the equivalent to the Federal Criteria Maximum Concentration (CMC) and the AAC is equivalent to the Federal Criteria Continuous Concentration (CCC).

b. The aquatic life criteria for this compound were developed in 1980 using 1980 EPA guidelines for criteria development. The MAC (CMC) or acute value shown is a final acute value (FAV) which by the 1980 guidelines is an instantaneous value.

c. Compound is not listed in EPA's Section 304(a) Criteria for Priority Toxic Pollutants as published in the December 22, 1992, pages 60911-60917, of the Federal Register but is included in Appendix C of the Vermont Water Quality Standards because the pollutant can be deleterious to aquatic life and criteria have been developed for the protection of aquatic organisms.

d. Criteria for this metal are expressed in terms of dissolved metal in the water column. Dissolved metal concentrations in the water column can be determined analytically or can be estimated from total metal concentrations using the conversion factors in Appendix D.

e. Aquatic life criteria for this metal is expressed as a function of total hardness (mg/l as CaCO3) in the water column and as a function of the pollutant's water effect ratio, WER, as defined in §131.36(c). Unless otherwise determined by the Secretary, in a manner consistent with the most current USEPA guidance, the WER shall be 1.0. The specific value given here corresponds to a hardness of 50 mg/l. Criteria values for other hardness may be calculated from the equations shown in Appendix E.

f. This criterion was derived from data for inorganic mercury (II) but is applied here to total mercury.

g. Vermont promulgated numerical criteria for arsenic based on freshwater fish species bioconcentration factors (BCF). A BCF of 4 was used to calculate human health protection criteria.

h. This criterion has been revised to reflect The Environmental Protection Agency's q1* or RfD, as contained in the Integrated Risk Information System (IRIS) as of May 17, 2002. The fish tissue bioconcentration factor (BCF) from the 1980 Ambient Water Quality Criteria document was retained in each case.

i. The MAC = 1/[(f1/MAC1) + (f2/MAC2)] where f1 and f2 are the fractions of total selenium that are treated as selenite and selenate, respectively, and MAC1 and MAC2 are 185.9 g/l and 12.82 g/l, respectively. This value for selenium is expressed in terms of total recoverable metal in the water column. It can be expressed in terms of dissolved metal by using the conversion factor (0.996- MAC or 0.922- AAC).

j. This human health criterion is the same as originally published in the Red Book which predates the 1980 methodology and did not utilize the fish ingestion BCF approach. This same criterion value is now published in the Gold Book.

k. Freshwater aquatic life values for pentachlorophenol are expressed as a function of pH, and are calculated as follows: MAC = exp(1.005(pH)-4.869); AAC = exp(1.005(pH)- 5.134). Values displayed in table correspond to a pH of 7.8.

l. This fish tissue residue criterion for methylmercury is used for the purpose of determination of attainment pursuant to these Standards. Fish consumption advisory guidance for mercury in fish taken from the waters of Vermont is developed by the Vermont Department of Health and is available on their website.

m. These criteria apply to total PCB's (e.g. the sum of all congenor or all isomer or homolog or Arochlor analyses).

n. These criteria expressed as ug free cyanide (as CN)/l.

Appendix D. Conversion Factors For Estimating Dissolved Metals From Total Values

To convert total metal values to dissolved metal, multiply total metal values/concentrations by the conversion factor listed (or calculated) in the table below. Alternative methods for translating total to dissolved values following USEPA guidance ("The Metals Translator: Guidance for Calculating a Total Recoverable Metals Permit Limit from a Dissolved Criterion" EPA 823-B-96-007) may be considered on a case-by-case basis.

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Appendix E. Parameters For Calculating Freshwater Total Metals Criteria that are Hardness Dependent

MAC and AAC values are calculated using the equations below the table and inserting the metal-specific values shown in the table.

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Hardness-dependent metals criteria can be calculated from the following equations:

MAC (dissolved) = exp{mA [ln (hardness)] + bA} (Conversion Factor from Appendix D)

AAC (dissolved) = exp{mC [ln (hardness)] + bC} (Conversion Factor from Appendix D)

Appendix F. Water Quality Classifications.

(a) The classification of all waters has been established by a combination of legislative acts and by classification or reclassification decisions issued by the Water Resources Board or Secretary pursuant to 10 V.S.A. § 1253. Those waters reclassified by the Secretary to Class A(1), A(2), or B(1) for any use shall include all waters within the entire watershed of the reclassified waters unless expressly provided otherwise in the rule.

(b) All waters above 2,500 feet altitude, National Geodetic Vertical Datum, are designated Class A(1) for all uses, unless specifically designated Class A(2) for use as a public water source.

(c) All waters at or below 2,500 feet altitude, National Geodetic Vertical Datum, are designated Class B(2) for all uses, unless specifically designated as Class A(1), A(2), or B(1) for any use.

(d) The waters listed in the following table are those waters classified as A(1), A(2), or B(1) for one or more designated uses.

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Appendix G Application of Biocriteria for Fish and Macroinvertebrate Communities in Vermont Wadeable Streams and Rivers.

Introduction

Section 29A-305 of this rule states that the Secretary shall establish and apply numeric biological indexes to determine whether there is support of the aquatic biota use for each class of water. This appendix incorporates into these rules procedures for the collection and analysis of fish and aquatic macroinvertebrate community data used to determine compliance with the class-specific narrative criteria included in §29A-306(a) of these rules.

Community metrics and Indexes of Biotic Integrity (IBI) have been developed expressly for Vermont wadeable rivers and streams to measure the biological integrity of each community. High biological integrity corresponds to a high degree of similarity to the natural condition. The natural condition was determined for each stream type by analyzing fish and macroinvertebrate community structure and function from Vermont waters least affected by human activities. In order of increasing departure from the natural condition of fish and macroinvertebrate communities, waters are categorized as Excellent - Class A(1), Very Good - Class B(1), and Good - Class (B2)3. Guidance on this appendix is provided on the Department's website at: http://dec.vermont.gov/watershed/map/monitor/biomonitoring.

Macroinvertebrate Community Biocriteria

Macroinvertebrate Community Types. Stream macroinvertebrate community types are largely differentiated based on streambed gradient, which dictates substrate coarseness. Moderate to high gradient streams are dominated by gravel to boulder size material, while low gradient streams are dominated by silt and sand bottoms. Three community types have been identified from moderate and high gradient riffle habitats and are differentiated largely on site drainage area and elevation. They are "Small High Gradient (SHG)," "Medium High Gradient (MHG)," and "Warm Water Moderate Gradient (WWMG)." Two low gradient communities are differentiated by habitat characteristics in sand and silt dominated streams. They are "Hybrid Low Gradient (HLG)," and "Slow Low Gradient (SLG)" respectively. Community types are assessed with different combinations of biological criteria and different scales of metric scoring. Community metrics are assessed independently for the three moderate and high gradient (riffle habitat) community types. The two low gradient community types are assessed using Indexes of Biotic Integrity (IBIs), in which individual metric scores are summed to produce a single index value.

Macroinvertebrate Community Sampling Methods. The macroinvertebrate biocriteria are applicable to wadeable streams. For moderate and high gradient communities, a bottom kick-net shall be used to sample four representative riffle habitats from a given stream reach. The four sub-samples shall be composited into a single sample. For low gradient communities, a sample shall consist of a composite of four kick-net sweeps or jabs into woody debris, root wads, macrophytes and or submerged stream-side vegetation.

Samples shall be preserved in the field and processed in the lab to remove macroinvertebrates from plant and mineral detritus. A minimum of 25% of the sample shall be processed to ensure accurate community metric calculations. If 300 organisms are not removed in the initial 25% subsample, the subsample size shall be incrementally expanded until a minimum of 300 organisms are removed. All macroinvertebrates removed shall be identified by taxonomists to the lowest practical level, with a target level of genus or species for most organisms.

Medium and High Gradient "Riffle Habitat" Macroinvertebrate Metrics

The biological integrity of macroinvertebrate communities in moderate to high gradient streams shall be evaluated using an independent multi-metric scoring system calibrated for each of the three stream community types: SHG, MHG, and WWMG (Tables A-1, A-2, and A-3). Threshold values for each community type have been established for each metric that correspond to increasing levels of departure from the natural condition. In a site assessment, the metric or metrics with the greatest departure from natural condition (lowest level of quality) shall be used to assign the community to a level of biological integrity ranging from Poor to Excellent.

Scoring Community Data. Each threshold metric value identifies a level of biological integrity: Excellent, Very Good, Good, or failing to fully support aquatic biota (Fair or Poor). Metric values from a macroinvertebrate community assessment that fall within a specified range immediately below a threshold indicate an "indeterminate" finding for that metric being intermediate between that level and the next lower level.

An assessment of metric values consists of a systematic comparison of each value against threshold criteria for each level, beginning with Excellent, using the following procedure:

(1) The biological integrity of the community shall achieve classification criteria A(1), B(1), or B(2) when all metrics are at or above the threshold for that class.

(2) When one or more metrics fall below the threshold "indeterminate" range, all metric values shall be compared to the next lower level of biological integrity until (1) above is met.

(3) If neither (1) nor (2) above are met, an "indeterminate" finding shall be made for that assessment. An indeterminate finding shall result in a transitional assessment rating between the level the site is indeterminate for and the one immediately below that (e.g. Fair/Good or Good/Very Good).

(4) An outcome for a single metric may be adjusted upward or downward if it is documented by the biologist that the metric value is not representative of the macroinvertebrate community. For example, this could be due to an unusual hyper-dominance of a taxon in its early stages of development.

Table A-1. Metrics for Small High Gradient (SHG) macroinvertebrate communities.

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Table A- 2. Metrics for Medium High Gradient (MHG) macroinvertebrate communities.

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Table A-3. Metrics for Warm Water Moderate Gradient (WWMG) macroinvertebrate communities.

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Low Gradient Macroinvertebrate IBIs

Two IBIs shall be used to assess the two macroinvertebrate community types in low gradient streams (Tables A-4 and A-5). The IBIs for Slow Low Gradient (SLG) or Hybrid Low Gradient (HLG) community types contain ten metrics, with each metric scored with a value from one to five. A value of one corresponds with Poor, indicating the most departure from natural condition. A value of five corresponds with Excellent, indicating similarity to the natural condition. Table A-6 shows IBI scores with corresponding levels of biological integrity and water classification.

An initial IBI score shall be calculated by summing all individual metric scores, which results in a range of 10-50. The final IBI score shall be determined by applying the following steps:

(1) If the initial IBI score is less than 29, then score as shown in Table A-6.

(2) If the score is equal to or more than 29, then proceed to (3) below.

(3) If metric 1, or metrics 2 and 3, or any four metrics score a "1" or "2", then score community a 28 (Fair).

(4) Determinations for any assessment level on Table A-6 may be adjusted upward or downward if it is documented by the biologist that the finding is not representative of the macroinvertebrate community.

Fish Community Biocriteria

Fish Community Indexes of Biotic Integrity (IBI). The health or biological integrity of fish communities in wadeable, hard bottomed Vermont streams shall be evaluated by one of two IBIs, the Cold Water IBI (CWIBI) or the Mixed Water IBI (MWIBI). These two IBIs measure the extent of departure of the fish community from the natural condition. The CWIBI is used to assess the biological integrity of cold water, hard bottom streams that support two to four native species. The CWIBI is comprised of six metrics, with each metric having a possible score of 1.5 (Poor) to 7.5 (Excellent). The MWIBI is used to assess the biological integrity of both warm water and cold water, hard bottom streams that support five or more native fish species. The MWIBI is comprised of nine metrics, each having a possible score of 1 (Poor) to 5 (Excellent). In applying the two IBIs, each metric is scored and then summed to produce a final score. Final scores for both IBIs range from 9 (Poor) to 45 (Excellent). Assessment scores that are within 2 points of the next highest or next lowest rating may be placed into that next highest or lower level by the biologist. Extenuating factors considered in making these determinations may include metric values that show dramatically higher or lower values, the proportion of the community composed of nonnative fish species, and species dominance.

Fish Community Sampling Methods. Fish are collected using one or more backpack electrofishers. A sample shall be taken from a section of stream representative of the habitat present in the overall stream reach and shall be long enough to provide a reliable sample. The minimum section length to be fished in wadeable streams shall be 75 meters and increases with mean section width (Table A-7). When mean river widths exceed 12 meters, sampled area shall be reduced to the area from both banks out to approximately 6 meters. An IBI shall be calculated from a single electrofishing run.

Where density is of particular concern, two to three runs shall be conducted, and a population estimate shall be calculated; when second run catch density exceeds 50% of first run, a third run shall be performed. Individual fish captured during the electrofishing run shall be enumerated by species, and the count of deformities, fin erosion, and lesions or tumor anomalies shall be noted for each species.

Appendix H. Outstanding Resource Waters.

1. Batten Kill, Towns of East Dorset and Arlington. Designated June 12, 1991. The main stem of the Batten Kill from its headwaters in East Dorset and the West Branch to the New York border at Arlington, Vermont, a distance of approximately 26 miles. Designated on the basis of exceptional natural, recreational, cultural, and scenic values.

2. Pike's Falls/Ball Mountain, Town of Jamaica. Designated June 21, 1991. A portion of the North Branch between the point where Kidder Brook enters the brook above Pike's Falls to the point below the falls where an unnamed tributary, which originates from the Winhall Municipal Forest, enters the North Branch. This segment is approximately 4,000 feet in length and within this distance the stream descends 140 feet, much of the drop occurring within Pike's Falls. Designated on the basis of exceptional natural, recreational, and scenic values.

3. Poultney River, Towns of Poultney and Fair Haven. Designated June 28, 1991. The lower portion of the Poultney River beginning at the Poultney/Fair Haven town line and continuing downstream to its confluence with Lake Champlain. Designated on the basis of exceptional natural, cultural, and scenic values.

4. Great Falls, Ompompanoosuc River, Town of Thetford. Designated March 6, 1996. That portion of the Ompompanoosuc between its confluence with a tributary draining both Gillette Swamp and Mud Pond, also known as Forsyth Pond, and its confluence with the West Branch, 3.8 miles downstream in the Town of Thetford. Designated on the basis of exceptional recreational, cultural, scenic, and natural values.

Notes

12-025 Code Vt. R. 12-030-025-X

EFFECTIVE DATE:
December 1995
AMENDED:
February 13, 1996 Secretary of State Rule Log # 96-13; October 7, 1996 Secretary of State Rule Log # 96-58; April 21, 1997 Secretary of State Rule Log # 97-13; April 1, 2000 Secretary of State Rule Log # 00-21 (Appendix A only); July 2, 2000 Secretary of State Rule Log # 99-26; February 9, 2006 Secretary of State Rule Log # 06-003; January 1, 2008 Secretary of State Rule Log #07-051; December 30, 2011 Secretary of State Rule Log #11-050; October 30, 2014 Secretary of State Rule Log #14-035; May 2015 [Renumbered from 12 004 052 pursuant to Section 26 of Act No. 138 of 2012]; June 2015 [correction to add Appendices C., D. E.]; December 2015 [correct typographic errors]; 11/15/2022 Secretary of State Rule Log # 22-028

STATUTORY AUTHORITY:

10 V.S.A. §§ 1252(e), 1253 and 6025

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