[Code of Federal Regulations]
[Title 40, Volume 18]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR131.38]

[Page 415-426]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 131--WATER QUALITY STANDARDS--Table of Contents
 
        Subpart D--Federally Promulgated Water Quality Standards
 
Sec. 131.38  Establishment of numeric criteria for priority toxic pollutants for the State of California.

    (a) Scope. This section promulgates criteria for priority toxic 
pollutants in the State of California for inland surface waters and 
enclosed bays and estuaries. This section also contains a compliance 
schedule provision.
    (b)(1) Criteria for Priority Toxic Pollutants in the State of 
California as described in the following table:


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                 Footnotes to Table in Paragraph (b)(1):

    a. Criteria revised to reflect the Agency q1* or RfD, as contained 
in the Integrated Risk Information System (IRIS) as of October 1, 1996. 
The fish tissue bioconcentration factor (BCF) from the 1980 documents 
was retained in each case.
    b. Criteria apply to California waters except for those waters 
subject to objectives in Tables III-2A and III-2B of the San Francisco 
Regional Water Quality Control Board's (SFRWQCB) 1986 Basin Plan, that 
were adopted by the SFRWQCB and the State Water Resources Control Board, 
approved by EPA, and which continue to apply.
    c. Criteria are based on carcinogenicity of 10 (-6) risk.
    d. Criteria Maximum Concentration (CMC) equals the highest 
concentration of a pollutant to which aquatic life can be exposed for a 
short period of time without deleterious effects. Criteria Continuous 
Concentration (CCC) equals the highest concentration of a pollutant to 
which aquatic life can be exposed for an extended period of time (4 
days) without deleterious effects. ug/L equals micrograms per liter.
    e. Freshwater aquatic life criteria for metals are expressed as a 
function of total hardness (mg/L) in the water body. The equations are 
provided in matrix at paragraph (b)(2) of this section. Values displayed 
above in the matrix correspond to a total hardness of 100 mg/l.
    f. Freshwater aquatic life criteria for pentachlorophenol are 
expressed as a function of pH, and are calculated as follows: Values 
displayed above in the matrix correspond to a pH of 7.8. CMC = 
exp(1.005(pH)-4.869). CCC = exp(1.005(pH)-5.134).
    g. This criterion is based on 304(a) aquatic life criterion issued 
in 1980, and was issued in one of the following documents: Aldrin/
Dieldrin (EPA 440/5-80-019), Chlordane (EPA 440/5-80-027), DDT (EPA 440/
5-80-038), Endosulfan (EPA 440/5-80-046), Endrin (EPA 440/5-80-047), 
Heptachlor (440/5-80-052), Hexachlorocyclohexane (EPA 440/5-80-054), 
Silver (EPA 440/5-80-071). The Minimum Data

[[Page 420]]

Requirements and derivation procedures were different in the 1980 
Guidelines than in the 1985 Guidelines. For example, a ``CMC'' derived 
using the 1980 Guidelines was derived to be used as an instantaneous 
maximum. If assessment is to be done using an averaging period, the 
values given should be divided by 2 to obtain a value that is more 
comparable to a CMC derived using the 1985 Guidelines.
    h. These totals simply sum the criteria in each column. For aquatic 
life, there are 23 priority toxic pollutants with some type of 
freshwater or saltwater, acute or chronic criteria. For human health, 
there are 92 priority toxic pollutants with either ``water + organism'' 
or ``organism only'' criteria. Note that these totals count chromium as 
one pollutant even though EPA has developed criteria based on two 
valence states. In the matrix, EPA has assigned numbers 5a and 5b to the 
criteria for chromium to reflect the fact that the list of 126 priority 
pollutants includes only a single listing for chromium.
    i. Criteria for these metals are expressed as a function of the 
water-effect ratio, WER, as defined in paragraph (c) of this section. 
CMC = column B1 or C1 value x WER; CCC = column B2 or C2 value x WER.
    j. No criterion for protection of human health from consumption of 
aquatic organisms (excluding water) was presented in the 1980 criteria 
document or in the 1986 Quality Criteria for Water. Nevertheless, 
sufficient information was presented in the 1980 document to allow a 
calculation of a criterion, even though the results of such a 
calculation were not shown in the document.
    k. The CWA 304(a) criterion for asbestos is the MCL.
    l. [Reserved]
    m. These freshwater and saltwater criteria for metals are expressed 
in terms of the dissolved fraction of the metal in the water column. 
Criterion values were calculated by using EPA's Clean Water Act 304(a) 
guidance values (described in the total recoverable fraction) and then 
applying the conversion factors in Sec. 131.36(b)(1) and (2).
    n. EPA is not promulgating human health criteria for these 
contaminants. However, permit authorities should address these 
contaminants in NPDES permit actions using the State's existing 
narrative criteria for toxics.
    o. These criteria were promulgated for specific waters in California 
in the National Toxics Rule (``NTR''), at Sec. 131.36. The specific 
waters to which the NTR criteria apply include: Waters of the State 
defined as bays or estuaries and waters of the State defined as inland, 
i.e., all surface waters of the State not ocean waters. These waters 
specifically include the San Francisco Bay upstream to and including 
Suisun Bay and the Sacramento-San Joaquin Delta. This section does not 
apply instead of the NTR for this criterion.
    p. A criterion of 20 ug/l was promulgated for specific waters in 
California in the NTR and was promulgated in the total recoverable form. 
The specific waters to which the NTR criterion applies include: Waters 
of the San Francisco Bay upstream to and including Suisun Bay and the 
Sacramento-San Joaquin Delta; and waters of Salt Slough, Mud Slough 
(north) and the San Joaquin River, Sack Dam to the mouth of the Merced 
River. This section does not apply instead of the NTR for this 
criterion. The State of California adopted and EPA approved a site 
specific criterion for the San Joaquin River, mouth of Merced to 
Vernalis; therefore, this section does not apply to these waters.
    q. This criterion is expressed in the total recoverable form. This 
criterion was promulgated for specific waters in California in the NTR 
and was promulgated in the total recoverable form. The specific waters 
to which the NTR criterion applies include: Waters of the San Francisco 
Bay upstream to and including Suisun Bay and the Sacramento-San Joaquin 
Delta; and waters of Salt Slough, Mud Slough (north) and the San Joaquin 
River, Sack Dam to Vernalis. This criterion does not apply instead of 
the NTR for these waters. This criterion applies to additional waters of 
the United States in the State of California pursuant to 40 CFR 
131.38(c). The State of California adopted and EPA approved a site-
specific criterion for the Grassland Water District, San Luis National 
Wildlife Refuge, and the Los Banos State Wildlife Refuge; therefore, 
this criterion does not apply to these waters.
    r. These criteria were promulgated for specific waters in California 
in the NTR. The specific waters to which the NTR criteria apply include: 
Waters of the State defined as bays or estuaries including the San 
Francisco Bay upstream to and including Suisun Bay and the Sacramento-
San Joaquin Delta. This section does not apply instead of the NTR for 
these criteria.
    s. These criteria were promulgated for specific waters in California 
in the NTR. The specific waters to which the NTR criteria apply include: 
Waters of the Sacramento-San Joaquin Delta and waters of the State 
defined as inland ( i.e., all surface waters of the State not bays or 
estuaries or ocean) that include a MUN use designation. This section 
does not apply instead of the NTR for these criteria.
    t. These criteria were promulgated for specific waters in California 
in the NTR. The specific waters to which the NTR criteria apply include: 
Waters of the State defined as bays and estuaries including San 
Francisco Bay upstream to and including Suisun Bay and the Sacramento-
San Joaquin Delta; and waters of the State defined as inland (i.e., all

[[Page 421]]

surface waters of the State not bays or estuaries or ocean) without a 
MUN use designation. This section does not apply instead of the NTR for 
these criteria.
    u. PCBs are a class of chemicals which include aroclors 1242, 1254, 
1221, 1232, 1248, 1260, and 1016, CAS numbers 53469219, 11097691, 
11104282, 11141165, 12672296, 11096825, and 12674112, respectively. The 
aquatic life criteria apply to the sum of this set of seven aroclors.
    v. This criterion applies to total PCBs, e.g., the sum of all 
congener or isomer or homolog or aroclor analyses.
    w. This criterion has been recalculated pursuant to the 1995 
Updates: Water Quality Criteria Documents for the Protection of Aquatic 
Life in Ambient Water, Office of Water, EPA-820-B-96-001, September 
1996. See also Great Lakes Water Quality Initiative Criteria Documents 
for the Protection of Aquatic Life in Ambient Water, Office of Water, 
EPA-80-B-95-004, March 1995.
    x. The State of California has adopted and EPA has approved site 
specific criteria for the Sacramento River (and tributaries) above 
Hamilton City; therefore, these criteria do not apply to these waters.

               General Notes to Table in Paragraph (b)(1)

    1. The table in this paragraph (b)(1) lists all of EPA's priority 
toxic pollutants whether or not criteria guidance are available. Blank 
spaces indicate the absence of national section 304(a) criteria 
guidance. Because of variations in chemical nomenclature systems, this 
listing of toxic pollutants does not duplicate the listing in Appendix A 
to 40 CFR Part 423-126 Priority Pollutants. EPA has added the Chemical 
Abstracts Service (CAS) registry numbers, which provide a unique 
identification for each chemical.
    2. The following chemicals have organoleptic-based criteria 
recommendations that are not included on this chart: zinc, 3-methyl-4-
chlorophenol.
    3. Freshwater and saltwater aquatic life criteria apply as specified 
in paragraph (c)(3) of this section.

    (2) Factors for Calculating Metals Criteria. Final CMC and CCC 
values should be rounded to two significant figures.

 (i) CMC = WER x (Acute Conversion Factor) x (exp{mA[lsqb]1n 
(hardness)[rsqb]+bA{time} )
 (ii) CCC = WER x (Chronic Conversion Factor) x 
(exp{mC[ln(hardness)]+bC{time} )
 (iii) Table 1 to paragraph (b)(2) of this section:

----------------------------------------------------------------------------------------------------------------
                      Metal                             mA              bA              mC              bC
----------------------------------------------------------------------------------------------------------------
Cadmium.........................................          1.128          -3.6867          0.7852         -2.715
Copper..........................................          0.9422         -1.700           0.8545         -1.702
Chromium (III)..................................          0.8190          3.688           0.8190          1.561
Lead............................................          1.273          -1.460           1.273          -4.705
Nickel..........................................          0.8460          2.255           0.8460          0.0584
Silver..........................................          1.72           -6.52
Zinc............................................          0.8473          0.884           0.8473          0.884
----------------------------------------------------------------------------------------------------------------
Note to Table 1: The term ``exp'' represents the base e exponential function.

(iv) Table 2 to paragraph (b)(2) of this section:

----------------------------------------------------------------------------------------------------------------
                                                    Conversion        CF for                         CF a for
                                                 factor (CF) for    freshwater        CF for         saltwater
                     Metal                          freshwater        chronic        saltwater        chronic
                                                  acute criteria     criteria     acute criteria     criteria
----------------------------------------------------------------------------------------------------------------
Antimony.......................................         (d)              (d)             (d)             (d)
Arsenic........................................           1.000            1.000           1.000           1.000
Beryllium......................................         (d)              (d)             (d)             (d)
Cadmium........................................         b 0.944          b 0.909           0.994           0.994
Chromium (III).................................           0.316            0.860         (d)             (d)
Chromium (VI)..................................           0.982            0.962           0.993           0.993
Copper.........................................           0.960            0.960           0.83            0.83
Lead...........................................         b 0.791          b 0.791           0.951           0.951
Mercury........................................  ...............  ..............  ..............  ..............
Nickel.........................................           0.998            0.997           0.990           0.990
Selenium.......................................  ...............         (c)               0.998           0.998
Silver.........................................           0.85           (d)               0.85          (d)
Thallium.......................................         (d)              (d)             (d)             (d)
Zinc...........................................           0.978            0.986           0.946           0.946 
----------------------------------------------------------------------------------------------------------------
Footnotes to Table 2 of Paragraph (b)(2):
a Conversion Factors for chronic marine criteria are not currently available. Conversion Factors for acute
  marine criteria have been used for both acute and chronic marine criteria.
b Conversion Factors for these pollutants in freshwater are hardness dependent. CFs are based on a hardness of
  100 mg/l as calcium carbonate (CaCO3). Other hardness can be used; CFs should be recalculated using the
  equations in table 3 to paragraph (b)(2) of this section.

[[Page 422]]


c Bioaccumulative compound and inappropriate to adjust to percent dissolved.
d EPA has not published an aquatic life criterion value.

    Note to Table 2 of Paragraph (b)(2):
    The term ``Conversion Factor'' represents the recommended conversion 
factor for converting a metal criterion expressed as the total 
recoverable fraction in the water column to a criterion expressed as the 
dissolved fraction in the water column. See ``Office of Water Policy and 
Technical Guidance on Interpretation and Implementation of Aquatic Life 
Metals Criteria'', October 1, 1993, by Martha G. Prothro, Acting 
Assistant Administrator for Water available from Water Resource Center, 
USEPA, Mailcode RC4100, M Street SW, Washington, DC 20460 and the note 
to Sec. 131.36(b)(1).
    (v) Table 3 to paragraph (b)(2) of this section:

------------------------------------------------------------------------
                                      Acute                Chronic
------------------------------------------------------------------------
Cadmium.....................  CF=1.136672--[(ln     CF = 1.101672--[(ln
                               {hardness{time} )     {hardness{time} )(0
                               (0.041838)].          .041838)]
Lead........................  CF=1.46203--[(ln      CF = 1.46203--[(ln
                               {hardness{time} )(0   {hardness{time} )(0
                               .145712)].            .145712)]
------------------------------------------------------------------------

    (c) Applicability. (1) The criteria in paragraph (b) of this section 
apply to the State's designated uses cited in paragraph (d) of this 
section and apply concurrently with any criteria adopted by the State, 
except when State regulations contain criteria which are more stringent 
for a particular parameter and use, or except as provided in footnotes 
p, q, and x to the table in paragraph (b)(1) of this section.
    (2) The criteria established in this section are subject to the 
State's general rules of applicability in the same way and to the same 
extent as are other Federally-adopted and State-adopted numeric toxics 
criteria when applied to the same use classifications including mixing 
zones, and low flow values below which numeric standards can be exceeded 
in flowing fresh waters.
    (i) For all waters with mixing zone regulations or implementation 
procedures, the criteria apply at the appropriate locations within or at 
the boundary of the mixing zones; otherwise the criteria apply 
throughout the water body including at the point of discharge into the 
water body.
    (ii) The State shall not use a low flow value below which numeric 
standards can be exceeded that is less stringent than the flows in Table 
4 to paragraph (c)(2) of this section for streams and rivers.
    (iii) Table 4 to paragraph (c)(2) of this section:

------------------------------------------------------------------------
                 Criteria                            Design flow
------------------------------------------------------------------------
Aquatic Life Acute Criteria (CMC).........  1 Q 10 or 1 B 3
Aquatic Life Chronic Criteria (CCC).......  7 Q 10 or 4 B 3
Human Health Criteria.....................  Harmonic Mean Flow
------------------------------------------------------------------------

    Note to Table 4 of Paragraph (c)(2): 1. CMC (Criteria Maximum 
Concentration) is the water quality criteria to protect against acute 
effects in aquatic life and is the highest instream concentration of a 
priority toxic pollutant consisting of a short-term average not to be 
exceeded more than once every three years on the average.
    2. CCC (Continuous Criteria Concentration) is the water quality 
criteria to protect against chronic effects in aquatic life and is the 
highest in stream concentration of a priority toxic pollutant consisting 
of a 4-day average not to be exceeded more than once every three years 
on the average.
    3. 1 Q 10 is the lowest one day flow with an average recurrence 
frequency of once in 10 years determined hydrologically.
    4. 1 B 3 is biologically based and indicates an allowable exceedence 
of once every 3 years. It is determined by EPA's computerized method 
(DFLOW model).
    5. 7 Q 10 is the lowest average 7 consecutive day low flow with an 
average recurrence frequency of once in 10 years determined 
hydrologically.
    6. 4 B 3 is biologically based and indicates an allowable exceedence 
for 4 consecutive days once every 3 years. It is determined by EPA's 
computerized method (DFLOW model).

    (iv) If the State does not have such a low flow value below which 
numeric standards do not apply, then the criteria included in paragraph 
(d) of this section apply at all flows.
    (v) If the CMC short-term averaging period, the CCC four-day 
averaging period, or once in three-year frequency is inappropriate for a 
criterion or the site

[[Page 423]]

to which a criterion applies, the State may apply to EPA for approval of 
an alternative averaging period, frequency, and related design flow. The 
State must submit to EPA the bases for any alternative averaging period, 
frequency, and related design flow. Before approving any change, EPA 
will publish for public comment, a document proposing the change.
    (3) The freshwater and saltwater aquatic life criteria in the matrix 
in paragraph (b)(1) of this section apply as follows:
    (i) For waters in which the salinity is equal to or less than 1 part 
per thousand 95% or more of the time, the applicable criteria are the 
freshwater criteria in Column B;
    (ii) For waters in which the salinity is equal to or greater than 10 
parts per thousand 95% or more of the time, the applicable criteria are 
the saltwater criteria in Column C except for selenium in the San 
Francisco Bay estuary where the applicable criteria are the freshwater 
criteria in Column B (refer to footnotes p and q to the table in 
paragraph (b)(1) of this section); and
    (iii) For waters in which the salinity is between 1 and 10 parts per 
thousand as defined in paragraphs (c)(3)(i) and (ii) of this section, 
the applicable criteria are the more stringent of the freshwater or 
saltwater criteria. However, the Regional Administrator may approve the 
use of the alternative freshwater or saltwater criteria if 
scientifically defensible information and data demonstrate that on a 
site-specific basis the biology of the water body is dominated by 
freshwater aquatic life and that freshwater criteria are more 
appropriate; or conversely, the biology of the water body is dominated 
by saltwater aquatic life and that saltwater criteria are more 
appropriate. Before approving any change, EPA will publish for public 
comment a document proposing the change.
    (4) Application of metals criteria. (i) For purposes of calculating 
freshwater aquatic life criteria for metals from the equations in 
paragraph (b)(2) of this section, for waters with a hardness of 400 mg/l 
or less as calcium carbonate, the actual ambient hardness of the surface 
water shall be used in those equations. For waters with a hardness of 
over 400 mg/l as calcium carbonate, a hardness of 400 mg/l as calcium 
carbonate shall be used with a default Water-Effect Ratio (WER) of 1, or 
the actual hardness of the ambient surface water shall be used with a 
WER. The same provisions apply for calculating the metals criteria for 
the comparisons provided for in paragraph (c)(3)(iii) of this section.
    (ii) The hardness values used shall be consistent with the design 
discharge conditions established in paragraph (c)(2) of this section for 
design flows and mixing zones.
    (iii) The criteria for metals (compounds 1--13 in 
the table in paragraph (b)(1) of this section) are expressed as 
dissolved except where otherwise noted. For purposes of calculating 
aquatic life criteria for metals from the equations in footnote i to the 
table in paragraph (b)(1) of this section and the equations in paragraph 
(b)(2) of this section, the water effect ratio is generally computed as 
a specific pollutant's acute or chronic toxicity value measured in water 
from the site covered by the standard, divided by the respective acute 
or chronic toxicity value in laboratory dilution water. To use a water 
effect ratio other than the default of 1, the WER must be determined as 
set forth in Interim Guidance on Determination and Use of Water Effect 
Ratios, U.S. EPA Office of Water, EPA-823-B-94-001, February 1994, or 
alternatively, other scientifically defensible methods adopted by the 
State as part of its water quality standards program and approved by 
EPA. For calculation of criteria using site-specific values for both the 
hardness and the water effect ratio, the hardness used in the equations 
in paragraph (b)(2) of this section must be determined as required in 
paragraph (c)(4)(ii) of this section. Water hardness must be calculated 
from the measured calcium and magnesium ions present, and the ratio of 
calcium to magnesium should be approximately the same in standard 
laboratory toxicity testing water as in the site water.
    (d)(1) Except as specified in paragraph (d)(3) of this section, all 
waters assigned any aquatic life or human health use classifications in 
the Water Quality Control Plans for the various

[[Page 424]]

Basins of the State (``Basin Plans'') adopted by the California State 
Water Resources Control Board (``SWRCB''), except for ocean waters 
covered by the Water Quality Control Plan for Ocean Waters of California 
(``Ocean Plan'') adopted by the SWRCB with resolution Number 90-27 on 
March 22, 1990, are subject to the criteria in paragraph (d)(2) of this 
section, without exception. These criteria apply to waters identified in 
the Basin Plans. More particularly, these criteria apply to waters 
identified in the Basin Plan chapters designating beneficial uses for 
waters within the region. Although the State has adopted several use 
designations for each of these waters, for purposes of this action, the 
specific standards to be applied in paragraph (d)(2) of this section are 
based on the presence in all waters of some aquatic life designation and 
the presence or absence of the MUN use designation (municipal and 
domestic supply). (See Basin Plans for more detailed use definitions.)
    (2) The criteria from the table in paragraph (b)(1) of this section 
apply to the water and use classifications defined in paragraph (d)(1) 
of this section as follows:

------------------------------------------------------------------------
      Water and use classification             Applicable criteria
------------------------------------------------------------------------
(i) All inland waters of the United      (A) Columns B1 and B2--all
 States or enclosed bays and estuaries    pollutants
 that are waters of the United States    (B) Columns C1 and C2--all
 that include a MUN use designation.      pollutants
                                         (C) Column D1--all pollutants
----------------------------------------
(ii) All inland waters of the United     (A) Columns B1 and B2--all
 States or enclosed bays and estuaries    pollutants
 that are waters of the United States    (B) Columns C1 and C2--all
 that do not include a MUN use            pollutants
 designation.                            (C) Column D2--all pollutants
------------------------------------------------------------------------

    (3) Nothing in this section is intended to apply instead of specific 
criteria, including specific criteria for the San Francisco Bay estuary, 
promulgated for California in the National Toxics Rule at Sec. 131.36.
    (4) The human health criteria shall be applied at the State-adopted 
10 (-6) risk level.
    (5) Nothing in this section applies to waters located in Indian 
Country.
    (e) Schedules of compliance. (1) It is presumed that new and 
existing point source dischargers will promptly comply with any new or 
more restrictive water quality-based effluent limitations (``WQBELs'') 
based on the water quality criteria set forth in this section.
    (2) When a permit issued on or after May 18, 2000 to a new 
discharger contains a WQBEL based on water quality criteria set forth in 
paragraph (b) of this section, the permittee shall comply with such 
WQBEL upon the commencement of the discharge. A new discharger is 
defined as any building, structure, facility, or installation from which 
there is or may be a ``discharge of pollutants'' (as defined in 40 CFR 
122.2) to the State of California's inland surface waters or enclosed 
bays and estuaries, the construction of which commences after May 18, 
2000.
    (3) Where an existing discharger reasonably believes that it will be 
infeasible to promptly comply with a new or more restrictive WQBEL based 
on the water quality criteria set forth in this section, the discharger 
may request approval from the permit issuing authority for a schedule of 
compliance.
    (4) A compliance schedule shall require compliance with WQBELs based 
on water quality criteria set forth in paragraph (b) of this section as 
soon as possible, taking into account the dischargers' technical ability 
to achieve compliance with such WQBEL.

[[Page 425]]

    (5) If the schedule of compliance exceeds one year from the date of 
permit issuance, reissuance or modification, the schedule shall set 
forth interim requirements and dates for their achievement. The dates of 
completion between each requirement may not exceed one year. If the time 
necessary for completion of any requirement is more than one year and is 
not readily divisible into stages for completion, the permit shall 
require, at a minimum, specified dates for annual submission of progress 
reports on the status of interim requirements.
    (6) In no event shall the permit issuing authority approve a 
schedule of compliance for a point source discharge which exceeds five 
years from the date of permit issuance, reissuance, or modification, 
whichever is sooner. Where shorter schedules of compliance are 
prescribed or schedules of compliance are prohibited by law, those 
provisions shall govern.
    (7) If a schedule of compliance exceeds the term of a permit, 
interim permit limits effective during the permit shall be included in 
the permit and addressed in the permit's fact sheet or statement of 
basis. The administrative record for the permit shall reflect final 
permit limits and final compliance dates. Final compliance dates for 
final permit limits, which do not occur during the term of the permit, 
must occur within five years from the date of issuance, reissuance or 
modification of the permit which initiates the compliance schedule. 
Where shorter schedules of compliance are prescribed or schedules of 
compliance are prohibited by law, those provisions shall govern.
    (8) The provisions in this paragraph (e), Schedules of compliance, 
shall expire on May 18, 2005.

[65 FR 31711, May 18, 2000, as amended at 66 FR 9961, Feb. 13, 2001]

    Editorial Note: At 66 FR 9961, Feb. 13, 2001, Sec. 131.38 was 
amended in the table to paragraph (b)(1) under the column heading for 
``B Freshwater'' by revising the column headings for ``Criterion Maximum 
Concentration'' and ``Criterion Continuous Concentration''; under the 
column heading for ``C Saltwater'' by revising the column headings for 
``Criterion Maximum Concentration'' and ``Criterion Continuous 
Concentration''; and by revising entries ``23.'' and ``67.'', effective 
Feb. 13, 2001. However, this is a photographed table and the amendments 
could not be incorporated into the text. For the convenience of the 
user, the amended text is set forth as follows:

Sec. 131.38  Establishment of Numeric Criteria for priority toxic 
          pollutants for the State of California.

                                * * * * *

    (b)(1) * * *

[[Page 426]]



--------------------------------------------------------------------------------------------------------------------------------------------------------
                                     A                                            B  Freshwater             C  Saltwater         D  Human health (10-6)
-------------------------------------------------------------------------------------------------------------------------------   risk for carcinogens)
                                                                                                                                   For consumption of:
                                                                             Criterion    Criterion    Criterion    Criterion  -------------------------
                                                               CAS  number    maximum     continous     maximum     continious    Water &     Organisms
                       Compound                                       conc.        conc.        conc.        conc.      organisms       only
                                                                             ([mu]g/L)d   ([mu]g/L)d   ([mu]g/L)d   ([mu]g/L)d   ([mu]g/L)    ([mu]g/L)
                                                                                 B1           B2           C1           C2           D1           D2
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
23. Chlorodibromomethane.....................................       124481  ...........  ...........  ...........  ...........     a,c 0.41      a,c 34
                                                                     * * * * * * *
67. Bis(2-Chloroisopropyl)Ether..............................       108601  ...........  ...........  ...........  ...........      a 1,400  a,t 170,000

                                                                     * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Footnotes to table in Paragraph (b)(1):
* * * * * * *
a Criteria revised to reflect the Agency q1* or RfD, as contained in the Integrated Risk Information System (IRIS) as of October 1, 1996. The fish
  tissue bioconcentration factor (BCF) from the 1980 documents was retained in each case.
c Criteria are based on carcinogenicity of 10-6 risk.
d Criteria Maximum Concentration (CMC) equals the highest concentration of a pollutant to which aquatic life can be exposed for a short period of time
  without deleterious effects. Criteria Continuous Concentration (CCC) equals the highest concentration of a pollutant to which aquatic life can be
  exposed for an extended period of time (4 days) without deleterious effects. [mu]g/L equals micrograms per liter.
* * * * * * *
t These criteria were promulgated for specific waters in California in the NTR. The specific waters to which the NTR criteria apply include: Waters of
  the State defined as bays and estuaries including San Francisco Bay upstream to and including Suisun Bay and the Sacramento-San Joaquin Delta; and
  waters of the State defined as inland (i.e., all surface waters of the State not bays or estuaries or ocean) without a MUN use designation. This
  section does not apply instead of the NTR for these criteria.


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