Section 16.22. Criteria development

The Department will establish criteria for toxic substances to provide for protection of aquatic life in accordance with the following guidelines:

(1) For those toxics for which the EPA has developed criteria in accordance with the National guidelines as set forth in ‘‘Guidelines for Deriving Numerical National Water Quality Criteria for the Protection of Aquatic Organisms and Their Uses’’ (1985), as amended and updated, the Department will review and evaluate the criteria. If the Department determines that the criteria are adequate to protect indigenous aquatic communities in the State’s waters, these criteria will serve as the basis for establishing total maximum daily loads (TMDLs) under Chapter 96 (relating to water quality standards implementation) or NPDES effluent limitations under Chapter 92 (relating to National Pollutant Discharge Elimination System permitting, monitoring and compliance). If the Department determines that the EPA National criteria are inappropriate, the Department will adjust these criteria in accordance with National guidelines to reflect the levels required for protection of aquatic life in this Commonwealth’s waters.

(2) For those toxics identified or expected in a discharge for which the EPA has not developed criteria, the Department will develop criteria using EPA approved National guidelines.

The provisions of this § 16.22 amended November 17, 1995, effective November 18, 1995, 25 Pa.B. 5067; amended December 26, 1997, effective December 27, 1997, 27 Pa.B. 6817; amended November 17, 2000, effective November 18, 2000, 30 Pa.B. 6111; amended May 15, 2009, effective May 16, 2009, 39 Pa.B. 2543. Immediately preceding text appears at serial page (271868).

Notation

Cross References

This section cited in 25 Pa. Code § 16.61 (relating to special provisions for the Great Lakes System).