NC0004308_Draft National Pollutant Renewal_20150226

AAlcoa Badin Works
PO Box 576
ALCOA Badin, North Carolina 28009 USA
CERTIFIED MAIL, RETURN RECEIPT REQUESTED February 26, 2015
7013 1090 0001 8218 5987
Teresa Rodriguez
NPDES Complex Permitting Unit
North Carolina Department of Environmental and Natural Resources(NCDENR) RECEIVED/DENR/DWR
1617 Mail Service Center MAK U ,„
Raleigh, North Carolina 27699-1601
Water Quality
Permitting Sectinr
RE: Draft National Pollutant Discharge Elimination System (NPDES) Permit Renewal
Permit NC0004308
Stanly County
Dear Ms. Rodriguez,
Alcoa Inc. (Alcoa) respectfully submits the following comments on the draft NPDES permit you provided
on January 27, 2015.
TOTAL CYANIDE LIMITATIONS
On August 22, 2014 Alcoa provided the attached technical argument to NCDENR/Division of Water
Resources/Water Planning Section in support of a free cyanide standard rather than a total cyanide
standard proposed for Title 15A North Carolina Administrative Code 02B. As presented in the
document, most forms of cyanide, all of which are detected in a totals analysis("total cyanide"), do not
possess the potential to cause harm to people or the environment. Conversely,free forms of cyanide
("free cyanide") have the potential to cause harm if not properly regulated. It appears the U.S. EPA's
National Recommended Water Quality Criteria was used in establishing cyanide limits in the draft
permit.The EPA recommended cyanide criterion is for free cyanide, not total cyanide.Accordingly, if the
standard is for free cyanide,then the monitoring and regulatory requirements, i.e. limits, should also be
for free cyanide.To monitor and regulate total cyanide when the water quality standards are for free
cyanide is inappropriate. Accordingly,Alcoa requests NCDENR use free rather than total cyanide for all
cyanide limits.
OUTFALL 011 SAMPLE TYPE
Outfall 011 was designed and constructed as an overflow to Outfall 012. Outfall 011 discharges during
periods of significant rainfall or during the unlikely failure of Outfall 012 lift pump(s). A 24-hour
discharge is rarely observed and Alcoa estimates 4 to 10-hour discharges are more typical. Alcoa

Ms.Teresa Rodriguez February 26,2015
Page 2 of 3
requests the existing instantaneous and grab sampling techniques remain in effect in place of the
composite sampling techniques listed in the draft permit because of the short time period of
discharge,which makes it difficult to obtain a composite sample.
OUTFALL 011 ACUTE TOXICITY MONITORING
Under the existing permit Alcoa is required to perform acute toxicity sampling by grab sampling on an
annual basis. The only unfavorable toxicity sampling event in recent years was seven years ago in 2008.
Alcoa requests toxicity frequency remain on an annual cycle.
OUTFALL 019 MONITORING
Discharges through Outfall 019 are not related to industrial activities and should not be regulated under
the NPDES program. Rainfall striking the impermeable landfill cap(including a vegetative erosion
control top layer)sheet flows to a retention pond. Although rare,the retention pond can flow thus
discharging collected water. Since this water does not contact and is not related to an industrial activity
Alcoa requests deletion of Outfall 019 from the draft permit. Alcoa recognizes Form 2E for Outfall
019/S19 in the original Alcoa renewal application may need to be revised and resubmitted to reflect the
fact that groundwater is not a component of this outfall as originally stated.
OUTFALL 019
The Outfall 019 effluent limitations and monitoring requirements table lists"See Note 2" under the
heading of Sample Type for flow. Footnote 2 is"For each sampled representative storm event the total
precipitation must be recorded. An on-site rain gauge or local rain gauge reading must be recorded."
Alcoa request confirmation the required sample type should be"instantaneous".
TOXICITY FREQUENCY REDUCTION
Alcoa Badin has maintained favorable performance under the current toxicity monitoring requirements.
Alcoa requests the addition of permit provisions that allow reductions to the frequency of acute and
chronic toxicity monitoring frequency once specific performance criteria have been demonstrated.
Alcoa offers the following for consideration:
Testing Frequency Reduction
1) If all of the first four consecutive quarterly tests demonstrate compliance with the
biomonitoring requirements of the permit, then the permittee may submit this information
in writing and, upon approval from the NPDES Complex Permitting Unit, reduce the testing
frequency to once per year.
2) If one or more of the first four consecutive quarterly tests fail to demonstrate compliance
with the biomonitoring requirements of the permit, the permittee shall continue quarterly

Ms.Teresa Rodriguez February 26,2015
Page 3 of 3
testing for that species until four consecutive quarterly tests demonstrate compliance with
the provisions of the permit. At that time, the permittee may apply for the appropriate
testing frequency reduction.
3) If a testing frequency reduction had been previously granted and a subsequent test
demonstrates noncompliance with the biomonitoring provisions, the permittee will resume a
quarterly testing frequency for that species. This does not preclude the permittee from
requesting reduced testing frequency in the future.
SECTION B STORMWATER MONITORING
Limited monitoring data is available for outfalls under the draft Section B requirements. Due to more
stringent cyanide and fluoride limits across the site, investigative work will need to be completed to
better understand the sources and dynamics of the site with respect to cyanide and fluoride. Alcoa
requests the same 3-year grace period provided at other outfalls for these two compounds for the
tiered approach required within Section B. This request is being made to lessen the burden of the
multi-tiered approach,which potentially forces the installation of equipment, permit modifications,etc
prior to a firm understanding of site dynamics.
Alcoa appreciates the efforts of the NCDENR and looks forward to working with them in the future. If
you have any questions, please feel free to contact me at(704)422-5774.
Sincerely,
Mark J. Gross
Plant Manager
Enclosures
cc:

RECEIVEDIDENRIDWR
MAR 0 9 2015
Water Quality
Permitting Section
COMMENTS ON PROPOSED CYANIDE STANDARDS FOR FRESH SURFACE WATER
QUALITY[15A NCAC 02B.0211]AND TIDAL SALT WATER QUALITY[15A NCAC
02B.0220] IN THE STATE OF NORTH CAROLINA AS PROVIDED IN PROPOSED
AMENDMENTS TO TITLE 15A NCAC 02B REGULATIONS (APRIL 2014)
Prepared for:
Alcoa,Inc.
Prepared by:
Dr. David V.Nakles
The CETER Group,Inc.
4952 Oakhurst Avenue
Gibsonia,PA 15044
August 22,2014

Table of Contents
1.0 Introduction 2
2.0 Proposed Amendments to Water Quality Standards 2
3.0 Aqueous Forms of Cyanide:Chemistry and Toxicology 3
3.1 Cyanide Chemistry 3
3.1.1 Free and Simple Cyanide Compounds 4
3.1.2 Metal Cyanide Compounds 6
3.2 Cyanide Toxicity 6
4.0 Free Cyanide—Foundation for Cyanide Regulations 7
5.0 Evolution of Cyanide Analytical Methods 9
6.0 Recommendations 11
7.0 References 11
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1.0 Introduction
The Federal Water Pollution Control Act(otherwise known as the Clean Water Act) has
delegated the authority to the State of North Carolina(NC)to establish water body classifications
and applicable water quality standards to protect human health and the aquatic environment in
the state. Pursuant to receiving this authority,the state adopted water quality standards(WQS),
which included numeric and narrative criteria and designated use classifications, as well as
antidegradation provisions,to protect all uses of the water of the state. Requirements to establish
these standards is the responsibility of the Environmental Management Commission (EMC)as
authorized by the NC General Statutes (NC GS §143.214.1 and 215.3(a)).
Every three years,the state of North Carolina is required to review its surface water quality
standards,classifications, and applicable variances to determine if changes are needed and, if
necessary, to make those changes. The most recent of these"Triennial Reviews"was concluded
in March 2014 and focused on the water quality regulations of the state as presented in the
following sections of the Title 15A NCAC 02B (Surface Water and Wetland Standards)
regulations: Section .0100, Procedures for Assignment of Water Quality Standards(Subsections
.0101 to .0110); Section .0200, Classifications and Water Quality Standards Applicable to
Surface Waters and Wetlands of N.C., (Subsections .0201 to .0228, .0230,and .0231); and
Section .0300,Assignment of Stream Classifications (Subsections .0301 to .0317). This
Triennial Review yielded a number of recommendations for proposed amendments to these
water quality standards, which were submitted to the EMC in March 2014; the proposed draft
amendments are appended to this document as Attachment A.
The comments contained herein address the regulation of cyanide in surface waters (freshwater
and tidal)as addressed in the proposed amendments to Title 15A NCAC 02B. More specifically,
these comments are directed towards the proposed amendments to Sections 15 NCAC 02B.0211
(Fresh Surface Water Quality Standards for Class C Waters)and 15A NCAC 02B.0220(Tidal
Salt Water Quality Standards for Class SC Waters). Both technical and regulatory information is
provided in support of modifying the fresh surface water and tidal salt water quality standards for
cyanide by changing the basis of the standards from total cyanide, as is currently in the proposed
amendments,to free cyanide.
2.0 Proposed Amendments to Water Quality Standards
The proposed amendments to the water quality standards of North Carolina, as provided in
Attachment A, specify water quality criteria of 5.0 and 1.0 µg/1 total cyanide for fresh surface
water and tidal salt water, respectively. In contrast, for these same waters, it is proposed that the
basis for the water quality criteria for eight of ten metals(i.e., arsenic, beryllium, cadmium,
chromium, copper, lead, nickel and silver) be changed from the measurement of total recoverable
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metals to the measurement of the dissolved fraction of the metals. The rationale for this change
is attributed to the fact that"measuring dissolved metal concentrations more accurately describes
how the metal affects aquatic organisms" [NCDENR, 2014]. This rationale is based on the
concept of"bioavailability", which has long been recognized in the aquatic toxicology literature
[Newman, et. al., 1994]. In this context,bioavailability is defined as the degree to which a
chemical can be taken up by an organism, subsequently interacting with a biologically important
site of action.
Based on the concept of bioavailability as defined above, combined with the history of the
development of risk-based water regulations and standards for cyanide,these comments present
a case for shifting the basis for the cyanide standards in Title 15A NCAC 02B, Sections .0211
and .0220,from the measurement of total cyanide to the measurement of free cyanide. The
reminder of these comments: (1)provides an overview of cyanide aquatic chemistry and toxicity,
emphasizing the importance of cyanide bioavailability; (2)documents the importance of free
cyanide,the most bioavailable and toxic chemical form of cyanide in water, in developing
Federal water quality regulations and standards;and(3)documents the evolution of EPA-
approved cyanide analytical methods over the course of this regulatory development process,
highlighting the desire of the U.S. Environmental Protection Agency(US EPA)to provide
improved measurements of the concentration of free cyanide in water. Based on this
information, it is demonstrated that the water regulations and standards for cyanide are based on
free cyanide,which is the toxic form of cyanide,and that an EPA-approved analytical method
now exists to accurately measure free cyanide for the purposes of assessing regulatory
compliance with surface water quality standards.
3.0 Aqueous Forms of Cyanide: Chemistry and Toxicology
3.1 Cyanide Chemistry
Common aqueous forms of cyanide can be classified into two broad categories: inorganic and
organic. Both categories contain the cyano group, which consists of a carbon atom triple bonded
to a nitrogen atom (C=N). Organic cyanide compounds that contain this functional group are
called nitriles; inorganic cyanide compounds(also known as ionic complexes)contain one or
more cyanide anions(CN-1),bonded directly to a metal or an ammonium ion [ASTM, 2001].
Within the class of inorganic cyanide compounds,there are three major chemical forms of
aqueous cyanide, as defined by ASTM [ASTM, 2001]: (1)Free cyanide, (2) Simple cyanide,
and(3) Metal cyanide complexes. The metal cyanide complexes consist of transitional metal
cyanides, i.e., compounds involving a single transition metal bonded with the cyanide anion,as
well as the more complex metal-metal cyanide compounds that involve one or more transition
metals bonded to an anionic cyanide complex. The sum of all of these different forms of cyanide
is designated as "total cyanide"as shown in Figure 1.
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Total Cyanide
Simple
Cyanide
Weak-Acid Dissociable Cyanide Strong-Acid Dissociable Cyanide
(WAD) (SAD)
Figure 1. Inorganic Chemical Forms of Cyanide [Adapted from ASTM, 2001]
Also shown in Figure 1 are two "operational" analytical definitions that are used to characterize
the cyanide compounds in an aqueous sample: weak-acid dissociable (WAD) cyanide and
strong-acid dissociable (SAD) cyanide. There are direct measurement techniques for
determining total and WAD cyanide; SAD cyanide is determined by taking the difference
between these two measurements. It is important to note that in addition to the free and simple
cyanide compounds, some, but not all, of the metal cyanide compounds are captured as part of
the WAD analysis. For example, metal cyanide compounds detected by the WAD analysis are
operationally defined as those compounds that undergo dissociation and liberate the cyanide
anion, when refluxed under weakly acidic conditions [pH 4.5 to 6]; the remaining metal cyanide
compounds are considered the SAD cyanide complexes and, consistent with their name, these
metal-cyanide complexes require strong acidic conditions, i.e., pH <2, to dissociate and release
the cyanide anion [Dzombak, et. al., 2006].
The chemical classes of inorganic cyanide identified in Figure 1 are formed as the cyanide anion
[CN'] reacts with various groups of elements of the periodic table, resulting in different
chemical and toxicological properties. The elements in the periodic table that most frequently
react with cyanide are outlined in black in Figure 2. Figure 3 identifies which of those elements
react to form free cyanide and simple cyanide, weak-acid dissociable cyanide and strong-acid
dissociable cyanide. These specific chemical forms of cyanide are briefly discussed below.
3.1.1 Free and Simple Cyanide Compounds
Free cyanide, HCN, is formed from the combination of hydrogen with the cyanide anion. This
compound readily releases the cyanide anion when in an aqueous solution, although the extent to
which it does so is a strong function of the solution pH, i.e., at a pH of 7 or less, free cyanide is
The existence on these two forms of metal-cyanide complexes is"qualitatively" indicated in Figure 1 by the green
(WAD)and blue(SAD)shading. However,the relative quantities of each class of these compounds in a water
sample will vary from site to site.
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Cyanide [CN-] Reacts with Selected Elements Forming a Range of Compounds
2
He
mi4 5 6 7 8 9 10
Be BC NOF Ne
11' 12 26 26 26 26 26
Na Mg Si P S CI Ar
114 20 24 25 28 29 30 33 34 35 36
Ca Cr Mn Ni Cu Zn As Se Br Kr
37 38 39 40 41 42 43 44 45 47 48 52 53 54
Rb Sr Y Zr Nb Mo Tc Ru Rh Cd Te I Xe
55 56 57 72 73 74 75 76 77 80 85 86
Cs Ba La Hf Ta W Re Os Ir Hg At Rn
87 88 89 104 105 106 107 108 109 pr.
Fr Ra e
Figure 2. Elements Commonly Associated with the Cyanide Anion (CN-1)as Outlined in Black
[EPRI, 2010]
.^ copper
zinc
Cu Zn
0079 r�`+.
Ironum -
3 63.546 05 39
L- ruthenium rhodium odium stover cadmium
44 45 48 47 48
.girt, ' Ru Rh • Ag Cd
Na tot 07 102.91 106.4 for 87 152.41
osmrum Indium - nu gold mercury
22.990 76 77 78 79 80
Potassium
K Os Ir Pt Au Hg
'ss ove t 94.23 192.22
Figure 3. Elements That Form "Free and Simple Cyanide" [Shown in Red], "Weak-Acid"
Dissociable(WAD)Cyanide[Shown in Green] and "Strong Acid" Dissociable (SAD)Cyanide
[Shown in Blue] Compounds [EPRI, 2010]
present entirely as HCN while at a pH of 11 or greater, the opposite is true, i.e., it is entirely in
the form of CN-1 [EPRI, 2000].
Simple cyanide compounds are formed when the cyanide anion combines with the alkali metals
that are grouped with hydrogen on the periodic table, i.e., elements on the far left of the Periodic
Table that are outlined in black in Figure 2 and shown in red, along with hydrogen, in Figure 3,
i.e., Li, Na, and K. Due to the similarity of the chemical bonds that are formed, these chemical
forms of cyanide also dissociate completely in aqueous solution to release the cyanide anion.
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3.1.2 Metal Cyanide Compounds
The metal cyanide compounds are those that involve the reaction of cyanide with a select set of
the transition metals on the periodic table, i.e.,the elements outlined in black at the center of the
Periodic Table (Figure 2). The metals are either bound directly to the cyanide anion(i.e.,metal
cyanide complexes)or to a negatively charged cyanide complex consisting of a transition metal
and the cyanide anion (i.e., metal-metal cyanide complexes). These metal cyanide compounds
bind the cyanide ion much more tightly than do the free or simple cyanide compounds,resulting
in little,to essentially no, release of the cyanide anion when these compounds are in an aqueous
solution. As noted later in this section,this is a critical point since the toxicity of cyanide
compounds in water is directly related to their release of the cyanide anion, with increasing
toxicity observed as more of the anion is released. A closer examination of these transition
metals reveals a set of elements (i.e.,Ni, Cu, Zn, Ag, Cd, and Hg)that form cyanide compounds
which release the cyanide anion under weak acid conditions, i.e.,pH of 4 to 6,and another set of
elements(i.e., Fe, Co, Pd, Pt, and Au)that form cyanide compounds that will release it only
under strong acid conditions, i.e.,pH <2. As previously discussed,the cyanide compounds
formed by the former group of transitional metals(shown in green in Figure 3)are designated as
"weak-acid dissociable", or WAD,cyanide compounds and those formed by the latter group of
transitional metals(shown in blue in Figure 3), are designated as"strong-acid dissociable", or
SAD, cyanide compounds.
3.2 Cyanide Toxicity
The"free cyanides"are the most toxic of the cyanide compounds and consist primarily of
hydrogen cyanide, or HCN, although other simple cyanide compounds such as sodium cyanide
(NaCN)or potassium cyanide (KCN)also result in toxic reactions. The free and simple cyanide
compounds are toxic because they dissociate completely in aqueous solution and/or upon contact
with aquatic organisms,releasing the cyanide anion, CN',which is the active toxic agent2.
Stated differently,these cyanide compounds are toxic because they are bioavailable. For this
reason, reference to"free cyanide" in the literature,as well as throughout the remainder of these
comments, includes both the free and simple cyanide compounds as discussed above. The
chemical forms of cyanide that are considered essentially non-toxic are the metal cyanide
compounds,which are much less bioavailable and do not release the cyanide anion when
dissolved in an aqueous solution [US EPA, 2006].
It is worth noting that some metal-cyanide compounds will photodissociate in the presence of
sunlight to release free cyanide(Young, et.al,2006; Dzombak,et.al., 2006). In particular,the
photodissociation of the iron-cyanide compounds has been documented in the literature over the
last five decades(Ghosh,et.al.,2006b). For the most part,these literature data were generated as
2 Since most of the organocyanide compounds are not anthropogenic,i.e.,they are the natural products of the normal
metabolic processes of vascular plants,and are resistant to the release of the cyanide anion, they do not play a
significant role in human health or aquatic toxicity[Gensemer,et.al.,2006a;Wong-Chong,et.al,.2006;and Ghosh,
et.al.,2006a]
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part of highly controlled laboratory experiments, which were required to investigate the
underlying mechanisms of this decomposition reaction. Furthermore, it is known that the rate of
decomposition of the iron-cyanide compounds is a function of several variables including p1-I,
free cyanide content, sunlight intensity,temperature,turbidity and depth of the water column
(Dzombak, et.al., 2006). For example, it was observed that photolysis rates declined
exponentially with depth of water;the presence of natural organic matter or other photoreactive
substances in water can significantly decrease the rate of photolysis; and slow or no dissociation
was observed in the absence of light(Young, et. al., 2006; Ghosh,et.al.,2006b; Dzombak,et.al,
2006). Other researchers concluded that the free cyanide resulting from the photodissociation
could possibly be undetectable or short-lived (Ghosh, et.al., 2006c)and that any photochemically
produced free cyanide will likely be complexed with other metals in the environment(Ghosh,et.
al., 2006b). For these and a number of other reasons,the complexity of natural waters makes it
difficult to translate these laboratory results to field conditions. In an attempt to overcome these
difficulties, direct measurements of cyanide compounds were made at a pilot-scale, constructed
wetland (0.5 acres) in Alcoa,TN,which was built to treat free cyanide and iron cyanide
compounds [Ebbs, et.al., 2006]. Based on a detailed cyanide material balance of the wetland,
which had a hydraulic residence time of—5.6 days, it was determined that 97%of the total
cyanide,which was comprised of 90% iron-cyanide compounds, and 100%of the free cyanide
was removed over a 21-day monitoring period. Analysis of the results suggest that
photodissociation of the iron-cyanide compounds to free cyanide, followed by degradation of the
free cyanide in the water column,was the principal mechanism of cyanide removal (-70%) in
the wetland. Rhizosphere-mediated biodegradation of free cyanide appeared to be a secondary
factor in the removal of the cyanide, accounting for—30%removal of the total cyanide. These
wetland field results are consistent with the comments of the ASTM Committee D19 on Water
which noted that"volatilization and biodegradation of any dissociated free cyanide typically
prevents its accumulation to toxic levels in the environment" [ASTM, 2001].
Based on the above discussions, it is recognized that the fate of cyanide compounds in the
environment is complex and results in a dynamic condition,one in which the concentration of
the various cyanide compounds, including free cyanide,can change with time. At the same time,
it is also evident that an accurate assessment of the human health and environmental risk
associated with the presence of cyanide at a given site requires the ability to distinguish the
amount of free cyanide that is present in the surface water, regardless of its origin,from the other
chemical forms of cyanide that may be present and contributing to the concentration of total
cyanide [Gensemer,et. al.,2006b].
4.0 Free Cyanide- Foundation for Cyanide Regulations
Free cyanide is the class of cyanide compounds that has been used in the toxicity experiments
that were conducted by the US EPA and others to develop both the health and ecological effects
criteria that are embodied in the current environmental regulations. As part of these experiments,
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the organisms are exposed to the chemical of choice and the toxic effects, if any,are observed
and quantified. Examples of human health and aquatic criteria that have been developed based
on free cyanide include:
1. Acute toxicity criterion for human ingestion of 5(10)4 to 7(10)4 grams per kilogram
of adult body weight [Beck, et.al., 2006];
2. Subchronic/chronic toxicity criteria for human ingestion of 2(10)"5 grams per
kilogram of adult body weight per day and for human inhalation of 3(10)-6 grams per
cubic meter of air [Beck,et.al.,2006];
3. Maximum contaminant level goals for drinking water of 200µg/1 [ATSDR, 1997];
4. Acute and chronic effects levels for freshwater aquatic organisms of 22.4 and 5.2
µg/1, respectively [ATSDR, 1997]; and
5. Acute and chronic effects levels for marine organisms of 1.015 µg/1 [ATSDR, 1997].
This information suggests that compliance with these regulations should be assessed based on
the direct measurement of the concentration of free cyanide. However,the timing of these
regulatory developments precluded this approach,as there was no EPA approved analytical
method for free cyanide at the time that all of these regulations were established.3 For example,
as part of the Final Rule, "National Primary Drinking Water Regulations: Synthetic Organic
Chemicals and Inorganic Chemicals" [US EPA, 1992], a brief discussion was provided that
documented the response of EPA to public comments that addressed this specific issue with
regards to the proposed MCLG (Maximum Contaminant Level Goal) for cyanide in drinking
water. Specifically, commenters on the final rule stated the following:
".....while the proposed MCLG is based on "free cyanides",
the proposed analytical methods imply that "total cyanides"
will be regulated. While "free cyanides" are readily
bioavailable and extremely toxic, "total cyanides" contain all
cyanides, including those low-toxicity, insert species that are
undissociable(to CN-1) and not absorbable."
The EPA responded to these comments as follows:
"In response to the comments concerning cyanide
speciation, EPA is promulgating today an MCLG and MCL
for cyanide that apply only to free cyanide. The Agency
agrees with the commenters that only free cyanides
3 It was possible to conduct the toxicity experiments using the EPA-approved analytical method for total cyanide
since only free cyanide compounds were used in the toxicity experiments. In this case,the total cyanide method
was an adequate means for determining the concentration of free cyanide. However,this situation rarely exists in
most,if not all,environmental field samples.
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should be regulated because these are the species of
health concern due to their bioavailability and toxicity's.
The analytical methods issue is fully addressed in the
Analytical Methods section of this rule. In summary, EPA
is specifying the "cyanide amenable to chlorination"
(CATC) test for determining the "free cyanide"
concentrations, while the "total cyanide" analytical
technique is being allowed to screen samples. If the "total
cyanide" results are greater than the MCL, then the analysis
for free cyanide would be required to determine whether
there is an exceedance of the MCL."
The EPA made this determination in 1992 when the only EPA-approved analytical methods for
cyanide were the"total cyanide"and the"cyanide amenable to chlorination" methods. However,
as will be discussed in the next section,effective June 2010,there is now an EPA-approved
method(SW-846 Method 9016)for the specific determination of free cyanide which can be used
to directly determine the concentration of free cyanide in water for regulatory compliance
purposes.
5.0 Evolution of Cyanide Analytical Methods
The disconnect between the chemical basis for the development of cyanide regulations, i.e., free
cyanide, and the availability of an EPA-approved analytical method to measure free cyanide
concentrations in water, has represented a regulatory conundrum for many years. Without the
availability of an EPA-approved free cyanide analytical method, it was necessary to use other
existing EPA-approved methods to estimate the concentration of free cyanide. Since these other
analytical methods captured chemical forms of cyanide in addition to the free cyanide,this
resulted in an overestimation of the free cyanide concentration,which could lead to false
positives as it relates to the identification of exceedances of water quality standards and criteria.
However,effective June 2010, EPA published SW-846 Method 9016(Free cyanide in water,
soils,and solid wastes by microdiffusion),which measures the cyanide that dissociates from
hydrogen cyanide, simple cyanides,and weakly-bound metal cyanide complexes [US EPA,
2010]. This method is identical to the existing ASTM method D-4282-95, which has been in
place since 1995 (Standard test method for determination of free cyanide in water and
wastewater by microdiffusion)5 [ASTM, 1995].
4 Bolding and underlining of text added.
S While the ASTM microdiffusion method has been available since 1995,it could not be used to assess compliance
with NPDES permits,surface water regulations,or any other regulatory standards because it had not been formally
approved by the US EPA.
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Figure 4 emphasizes the importance of having an approved analytical method for the
measurement of the free cyanide compounds. Moving left to right on the figure,the chemical
forms of cyanide that are identified become less soluble in water, are less bioavailable (i.e., are
less inclined to release the toxic cyanide anion), and hence, exhibit less toxicity to human health
and aquatic toxicity,to the point where the compounds at the far right of figure are considered
essentially non-toxic, e.g., the mercury, iron, platinum and cobalt cyanide compounds.
Chemical Classification of Dissolved-Phase Cyanide Compounds
F I I I I I I I I I I
HCN NaCN Cd(CN)42- Zn(CN).T-Cu(CN).3 Hp(CN)z Fe(CN)s-Pt(CN).2- Fe(CN)e-Co(CN)s'-
KCN
Decreasing Potential for Release of Free Cyanide Anion
Analytical Definition
Free Cyanide -ASTM/EPA
Cyanide Amenable to Chlorination
(CATC)-EPA Strong-Acid Dissociable Cyanide
} (By Difference:Total Cyanide
Weak-Acid Diss. able C oani le (\\AD)-ASTM Minus WAD or Available Cyanide)
Available Cyanide—ASTM/EPA
Total Cyanide—EPA/ASTM
Figure 4. Chemical Forms of Cyanide Captured by EPA-Approved Analytical Methods6
Of the four EPA-approved analytical methods shown in Figure 4 (i.e.,total cyanide, cyanide
amenable to chlorination, available cyanide and free cyanide), it can be seen that only the
recently approved Method 9016 accurately captures free cyanide, i.e., HCN,NaCN, and KCN
(far left of the figure). All of the other analytical methods overestimate the concentration of free
cyanide because they also quantify other, less toxic chemical forms of cyanide. Specifically,the
analysis for"total cyanide" is the most conservative of the EPA methods for estimating the
concentration of free cyanide followed by both the "available cyanide" and "cyanide amenable to
chlorination (CATC)". (These latter two methods differ only in that the former measures
mercury cyanide compounds while the later does not. Since mercury cyanide compounds are
rarely found in surface water samples, these two methods are essentially identical in terms of the
cyanide compounds that are characterized). However, it should be noted that with the EPA
acceptance of the"available cyanide" method,the weaknesses regarding the precision and
accuracy of the CATC method were overcome', making the available cyanide method the
preferred method of choice for measuring free cyanide circa 1999 [US EPA, 1998; US EPA,
6 Organocyanide compounds are generally not measured with any of the conventional analytical tests since they are
resistant to the release of the cyanide anion in the total cyanide,WAD cyanide,and CATC test conditions. [Ghosh,
et.al.,2006a].Due to their lack of release of the cyanide anion,their measurement is not critical to human health or
environmental toxicity assessments which explains why they were not included in the cyanide toxicity studies
conducted by the US EPA.
Per[US EPA 1998],Page 36812:"..in many instances,the measured level(by CATC)exceeds the concentration
of total cyanide,potentially providing a more controversial result in some regulatory contexts."
10IPage

1999]. Lastly,the WAD analytical method,which is equivalent to CATC in terms of the cyanide
compounds that are captured in the analysis, is an ASTM-approved method that was never
approved by the US EPA.
The progression of these analytical developments for cyanide, i.e.,total cyanide to CATC to
available cyanide, reflected the desire of EPA to achieve an improved, more accurate
quantification of the free cyanide concentration. With this in mind,the EPA approval of Method
9016 in 2010 has finally bridged the gap between the analytical capabilities to measure free
cyanide concentrations in water and the chemical basis for the existing regulatory and health
effects standards and criteria.
6.0 Recommendations
Based on the information provided in these comments, it is recommended that the proposed
amendments of the NCDENR to Title 15A NCAC 02B include a revision of the cyanide water
quality standards that replaces 5.0 and 1.0 µg/1 of"total cyanide"with 5.0 and 1.0 µg/1 of"free
cyanide", as measured by the EPA-approved analytical method, Method 9016. In doing so,the
State of North Carolina will institute surface water regulations that properly harmonize the
regulatory criteria and the analysis of cyanide in surface water samples. This harmonization will
ensure the protection of human health and the environment while avoiding false positive
determinations of exceedances in water quality criteria and the unwarranted allocation of human
and monetary resources associated with addressing them.
7.0 References
ASTM, 1995. "Standard Test Method for Determination of Free Cyanide in Water and
Wastewater by Microdiffusion",designated D-4282-95 in the Annual book of ASTM Standards,
Vol. 03.06, ASTM International, West Conshohocken, PA, 1995.
ASTM, 2001. "Standard Guide for Understanding Cyanide Species", American Society for
Testing and Materials, D-6696-01, in Annual Book of ASTM Standards, Vol. 11.02,ASTM
International, West Conshohocken, PA,August.
ATSDR, 1997. Toxicological profile for cyanide(update). U.S. Department of Health and
Human Services, Public Health Service, Agency for Toxic Substances and Disease Registry,
Atlanta,GA.
Beck, et.al., 2006. Beck, B.D., M. Seeley, R.S. Ghosh, P.J. Drivas, and N.S. Shifrin,"Human
Health Risk Assessment of Cyanide in Water and Soil", in Cyanide in Water and Soil-
11IPage

Chemistry, Risk and Management, Dzombak, D.A., Ghosh, R.S., and Wong-Chong, G.M., Eds.,
CRC Press,Taylor and Francis Group, Boca Raton, FL,pgs. 317-318.
Dzombak, et.al., 2006. Dzombak, D.A., R. S. Ghosh, and T.C. Young, "Physical-Chemical
Properties and Reactivity of Cyanide in Water and Soil", in Cyanide in Water and Soil-
Chemistry, Risk and Management, Dzombak, D.A.,Ghosh,R.S., and Wong-Chong, G.M., Eds.,
CRC Press,Taylor and Francis Group, Boca Raton, FL,pgs. 68, 73, and 76.
Ebbs,et.al.,2006. Ebbs, S.D.,J.T. Bushey, B.S. Bond,R.S. Ghosh, and D.A. Dzombak,
"Cyanide Phytoremediation", in Cyanide in Water and Soil- Chemistry, Risk and Management,
Dzombak, D.A., Ghosh, R.S.,and Wong-Chong, G.M., Eds., CRC Press,Taylor and Francis
Group, Boca Raton, FL, pgs.485 and 486.
EPRI, 2000." Complexation and Solubility Reactions Controlling Cyanide Environmental
Behavior—Literature Review and Speciation/Solubility Calculations", Electric Power and
Research Institute, TR-1000588,November.
EPRI, 2010. "Understanding Cyanide at Manufactured Gas Plant Sites: Presence and Risk",
Electric Power and Research Institute,TR-1020459,July 29.
Gensemer, et. al., 2006a. Gensemer, R. W., D.K. DeForest, A.J. Stenhouse, C. J. Higgins, and
R.D. Cardwell, "Aquatic Toxicity of Cyanide", in Cyanide in Water and Soil -Chemistry, Risk
and Management, Dzombak, D.A.,Ghosh, R.S.,and Wong-Chong, G.M., Eds., CRC Press,
Taylor and Francis Group, Boca Raton, FL,pg. 335.
Gensemer, et. al., 2006b. Gensemer, R. W., D.K. DeForest,A.J. Stenhouse, C. J. Higgins, and
R.D. Cardwell,"Aquatic Toxicity of Cyanide", in Cyanide in Water and Soil-Chemistry, Risk
and Management,Dzombak, D.A., Ghosh, R.S., and Wong-Chong, G.M., Eds., CRC Press,
Taylor and Francis Group, Boca Raton, FL, pg.252.
Ghosh,et. al.,2006a. Ghosh,R.S., D.A. Dzombak, S.M. Drop,and A. Zheng, "Analysis of
Cyanide in Water", in Cyanide in Water and Soil- Chemistry, Risk and Management, Dzombak,
D.A.,Ghosh, R.S.,and Wong-Chong, G.M., Eds.,CRC Press, Taylor and Francis Group, Boca
Raton, FL,pg. 143.
Ghosh,et. al., 2006b. Ghosh, R.S.,J. C.L. Meeussen, D.A. Dzombak and D.V.Nakles,"Fate and
Transport of Anthropogenic Cyanide in Soil and Groundwater", in Cyanide in Water and Soil-
Chemistry, Risk and Management,Dzombak, D.A., Ghosh, R.S.,and Wong-Chong, G.M., Eds.,
CRC Press, Taylor and Francis Group, Boca Raton, FL,pg. 198.
12 ! Page

Ghosh, et. al.,2006c. Ghosh, R.S., S.D. Ebbs,J.T. Bushey, E.F.Neuhauser, and G.M. Wong-
Chong, "Cyanide Cycle in Nature", in Cyanide in Water and Soil-Chemistry, Risk and
Management, Dzombak, D.A., Ghosh, R.S.,and Wong-Chong, G.M., Eds., CRC Press, Taylor
and Francis Group, Boca Raton, FL.
NCDENR,2014. North Carolina Department of Environment and Natural Resources,
"Notification: Public hearings scheduled to gather comments on revised water quality standards",
July 7, 2014
Newman,et.al., 1994.Newman, M. C. and Jagoe, C.H.,"Ligands and bioavailability of metals is
aquatic environments", in Bioavailability: Physical, Chemical, and Biological Interactions,
Hammelink,J.L., Landrum, P.F.,Bergman, H.L., and W. H. Benson, Eds., Lewis Publishers,
Boca Raton, FL. pg. 39.
US EPA, 1992. "National Primary Drinking Water Regulations: Synthetic Organic Chemicals
and Inorganic Chemicals—Final Rule", Federal Register, Volume 57,No. 136, Friday,July 17,
pg. 31786.
US EPA, 1998. "Guidelines Establishing Test Procedures for the Analysis of Pollutants:
Available Cyanide", Proposed Rule, Federal Register, Vol. 63,No. 129,pp. 36809-36824,July
7.
US EPA, 1999."Guidelines Establishing Test Procedures for the Analysis of Pollutants:
Available Cyanide in Water", Federal Register,Volume 64,No. 250,pp. 73414—73423,
December 30.
US EPA,2006."Proposed Test Rule for Certain Chemicals on the ATSDR/EPA CERCLA
Priority List of Hazardous Substances", Federal Register, Volume 71,No. 203,Friday, October
20, pg. 69128]
US EPA,2010."SW-846—Test Methods for Evaluating Solid Waste, Physical/Chemical
Methods",New Methods, Method 9016, June.
http://www.epa.gov/epawaste/hazard/testmethods/sw846/new meth.htm.
Young, et.al.,2006. Young,T.C.,X. Zhao, and T.L. Theis, "Fate and Transport of
Anthropogenic Cyanide in Surface Water", in Cyanide in Water and Soil-Chemistry, Risk and
Management, Dzombak, D.A.,Ghosh, R.S., and Wong-Chong, G.M., Eds., CRC Press, Taylor
and Francis Group, Boca Raton, FL,pg. 175.
13IPage

Wong-Chong, et. al.,2006. Wong-Chong,G.M.,R. S. Ghosh,J.T. Bushey, S.D. Ebbs,and E.F.
Neuhauser,"Natural Source of Cyanide", in Cyanide in Water and Soil-Chemistry, Risk and
Management,Dzombak,D.A.,Ghosh,R.S.,and Wong-Chong,G.M.,Eds.,CRC Press,Taylor
and Francis Group, Boca Raton,FL.
14I Page

ATTACHMENT A
PROPOSED DRAFT AMENDMENTS TO TITLE 1SA NGC 02B(SURFACE WATER AND WETLAND
STANDARDS)[APRIL 2014)

Al
1 15A NCAC 02B .0206 is proposed for amendment as follows:
2
3 15A NCAC 02B.0206 FLOW DESIGN CRITERIA FOR EFFLUENT LIMITATIONS
4 (a) Water quality based effluent limitations are developed to allow appropriate frequency and duration of deviations
5 from water quality standards so that the designated uses of receiving waters are protected. There are water quality
6 standards for a number of categories of pollutants and to protect a range of water uses. For this reason, the
7 appropriate frequency and duration of deviations from water quality standards is not the same for all categories of
8 standards. A flow design criterion is used in the development of water quality based effluent limitations as a
9 simplified means of estimating the acceptable frequency and duration of deviations. More complex modeling
10 techniques can also be used to set effluent limitations directly based on frequency and duration criteria published by
11 the U.S. Environmental Protection Agency pursuant to Section 304(a)of the Federal Clean Water Act as amended.
12 Use of more complex modeling techniques to set water quality based effluent limitations will be approved by the
13 Commission or its designee on a case-by-case basis. Flow design criteria to calculate water quality based effluent
14 limitations for categories of water quality standards are listed as follows:
15 (1) All standards except toxic substances and aesthetics will be protected using the minimum average
16 flow for a period of seven consecutive days that has an average recurrence of once in ten years
17 (7Q10 flow). Other governing flow strategies such as varying discharges with the receiving
18 waters ability to assimilate wastes may be designated by the Commission or its designee on a
19 case-by-case basis if the discharger or permit applicant provide evidence which establishes to the
20 satisfaction of the Director that the alternative flow strategies will give equal or better protection
21 for the water quality standards. Better protection for the standards means that deviations from the
22 standard would be expected less frequently than provided by using the 7Q10 flow.
23 (2) Toxic substance standards to protect aquatic life from chronic toxicity will be protected using the
24 7Q10 flow.
25 (3) Toxic substance standards to protect aquatic life from acute toxicity will be protected using the
26 1010 flow.
27 (- 341 Toxic substance standards to protect human health will be:
28 (A) The 7Q10 flow for standards to protect human health through the consumption of water,
29 fish and shellfish from noncarcinogens;
30 (B) The mean annual flow to protect human health from carcinogens through the
31 consumption of water, fish and shellfish unless site specific fish contamination concerns
32 necessitate the use of an alternative design flow;
33 (5) Aesthetic quality will be protected using the minimum average flow for a period of 30 consecutive
34 days that has an average recurrence of once in two years(30Q2 flow).
35 (b) In cases where the stream flow is regulated,a minimum daily low flow may be used as a substitute for the 7Q10
36 flow except in cases where there are acute toxicity concerns for aquatic life. In the cases where there are acute
1

A2
1 toxicity concerns,an alternative low flow such as the instantaneous minimum release may be used on a case-by-case
2 basis.
3 (c) Flow design criteria are used to develop water quality based effluent limitations and for the design of wastewater
4 treatment facilities. Deviations from a specific water quality standard resulting from discharges which are
5 affirmatively demonstrated to be in compliance with water quality based effluent limitations for that standard will
6 not be a violation pursuant to G.S. 143-215.6 when the actual flow is significantly less than the design flow.
7 (d) In cases where the 7Q10 flow of the receiving stream is estimated to be zero, water quality based effluent
8 limitations will be assigned as follows:
9 (1) Where the 30Q2 flow is estimated to be greater than zero,effluent limitations for new or expanded
10 (additional)discharges of oxygen consuming waste will be set at BOD5=5 mg/I,NH3-N=2 mg/I
11 and DO = 6 mg/I, unless it is determined that these limitations will not protect water quality
12 standards. Requirements for existing discharges will be determined on a case-by-case basis by the
13 Director. More stringent limits will be applied in cases where violations of water quality
14 standards are predicted to occur for a new or expanded discharge with the limits set pursuant to
15 this Rule, or where existing limits are determined to be inadequate to protect water quality
16 standards.
17 (2) If the 30Q2 and 7Q10 flows are both estimated to be zero, no new or expanded (additional)
18 discharge of oxygen consuming waste will be allowed. Requirements for existing discharges to
19 streams where the 30Q2 and 7Q10 flows are both estimated to be zero will be determined on a
20 case-by-case basis.
21 (3) Other water quality standards will be protected by requiring the discharge to meet the standards
22 unless the alternative limitations are determined by the Director to protect the classified water
23 uses.
24 (e) Receiving water flow statistics will be estimated through consultation with the U.S. Geological Survey.
25 Estimates for any given location may be based on actual flow data,modeling analyses,or other methods determined
26 to be appropriate by the Commission or its designee.
27
28 History Note: Authority G.S. 143-214.1; 143-215.3(a)(1);
29 Eff February I, 1976;
30 Amended Eff.XXX, February 1, 1993; October 1, 1989;August 1, 1985;January 1, 1985.
31
32
33
2

A3
1 15A NCAC 02B .0211 is proposed for amendment as follows:
2
3 15A NCAC 02B.0211 FRESH SURFACE WATER QUALITY STANDARDS FOR CLASS C WATERS
4 General. The water quality standards for all fresh surface waters are the basic standards applicable to Class C waters.
5 .__ . _ .! ! : . . • ._. • ... ... . .. ._ _ ._ . Water quality standards for
6 temperature and numerical water quality standards for the protection of human health applicable to all fresh surface
7 waters are in Rule.0208 of this Section. Additional and more stringent standards applicable to other specific freshwater
8 classifications are specified in Rules .0212, .0214, .0215, .0216, .0217, .0218, .0219, .0223, .0224 and.0225 of this
9 Section. Action Levels for purposes of NPDES permitting are specified in Rule.0211 (22).
10 (1) Best Usage of Waters: aquatic life propagation and maintenance of biological integrity(including
11 fishing and fish),wildlife,secondary recreation,agriculture and any other usage except for primary
12 recreation or as a source of water supply for drinking,culinary or food processing purposes;
13 (2) Conditions Related to Best Usage: the waters shall be suitable for aquatic life propagation and
14 maintenance of biological integrity,wildlife,secondary recreation,and agriculture. Sources of water
15 pollution which preclude any of these uses on either a short-term or long-term basis shall be
16 considered to be violating a water quality standard;
17 e.. .
18 13) Chlorine,total residual: 17 ug/I;
19 4. a) Chlorophyll a(corrected): not greater than 40 ug/1 for lakes,reservoirs,and other waters subject to
20 growths of macroscopic or microscopic vegetation not designated as trout waters,and not greater than
21 15 ug/1 for lakes, reservoirs, and other waters subject to growths of macroscopic or microscopic
22 vegetation designated as trout waters(not applicable to lakes or reservoirs less than 10 acres in surface
23 area). The Commission or its designee may prohibit or limit any discharge of waste into surface
24 waters if,in the opinion of the Director,the surface waters experience or the discharge would result in
25 growths of microscopic or macroscopic vegetation such that the standards established pursuant to this
26 Rule would be violated or the intended best usage of the waters would be impaired;
27 (5) Cyanide,total:5.0 ug/L;
28 u(b) Dissolved oxygen:not less than 6.0 mg/I for trout waters;for non-trout waters,not less than a daily
29 average of 5.0 mg/1 with a minimum instantaneous value of not less than 4.0 mg/I;swamp waters,lake
30 coves or backwaters,and lake bottom waters may have lower values if caused by natural conditions;
31 (7) Fecal coliform:shall not exceed a geometric mean of 200/100m1(MF count)based upon at least five
32 consecutive samples examined during any 30 day period, nor exceed 400/100m1 in more than 20
33 percent of the samples examined during such period. Violations of the fecal coliform standard are
34 expected during rainfall events and, in some cases, this violation is expected to be caused by
35 uncontrollable nonpoint source pollution. All coliform concentrations are to be analyzed using the
36 membrane filter technique unless high turbidity or other adverse conditions necessitate the tube
1

A4
1 dilution method;in case of controversy over results,the MPN 5-tube dilution technique shall be used
2 as the reference method;
3 1,8_1(e) Floating solids, settleable solids, or sludge deposits: only such amounts attributable to sewage,
4 industrial wastes or other wastes as shall not make the water unsafe or unsuitable for aquatic life and
5 wildlife or impair the waters for any designated uses;
6 (9) Fluorides: 1.8 mg/1;
7 (10)(4) Gases,total dissolved:not greater than 110 percent of saturation;
8 _ _. • . -- : .. . __. _. ' . - . . ---- : _ _ _
9 !! !!•- _;. ' !
10 .. • !! ..• ! :. -- . •_ •.. :.• _ .. :. . .
11 =
13
14 :•. :_ .
15
16 ;
17 (11) Metals:
18 (a) With the exception of mercury and selenium, freshwater aquatic life standards for metals
19 shall be based upon measurement of the dissolved fraction of the metal. Mercury and
20 Selenium water quality standards must be based upon measurement of the total recoverable
21 metal. Alternative site-specific standards can be developed where studies are designed in
22 accordance with the"Water Quality Standards Handbook:Second Edition"published by the
23 US Environmental Protection Agency (EPA 823-B-94-005a) hereby incorporated by
24 reference including any subsequent amendments;
25 (b) Freshwater metals standards that are not hardness-dependent are as follows:
26 Arsenic,dissolved,acute: 340 ug/I;
27 ii Arsenic,dissolved,chronic: 150 ug/l;
28 (iii) Beryllium,dissolved,acute: 65 ug/1;
29 (iv) Beryllium,dissolved,chronic: 6.5 ug/l;
30 (xChromium VI.dissolved,acute: 16 ug/1;
31 (vii Chromium VI,dissolved,chronic: 11 ug/l;
32 (vii) Mercury.total recoverable,chronic: 0.012 ug/1;
33 (viii) Selenium,total recoverable,chronic: 5 ug/1;
34 (ix) Silver.dissolved,chronic: 0.06 ug/I;
35 Hardness-dependent freshwater metals standards are located in Subsection(c)and in Table A:
36 Dissolved Freshwater Standards for Hardness-dependent Metals;
37 (c) Hardness-dependent freshwater metals standards are as follows:
2

A5
1 (i)Hardness-dependent metals standards shall be derived using the equations specified in
2 Table A: Dissolved Freshwater Standards for Hardness-Dependent Metals. If the actual
3 instream hardness(expressed as CaCO1 or Ca+Mg)is less than 25 milligrams/liter(mg/I),
4 standards shall be calculated based upon 25 mg/I hardness.If the actual instream hardness is
5 greater than 25 mg/I and less than 400 mg/I. standards will be calculated based upon the
6 actual instream hardness. If the instream hardness is greater than 400 mg/I.the maximum
7 applicable hardness shall be 400 mg/I;
8 (ii) Hardness-dependent metals standards in NPDES permitting: for NPDES permitting
9 purposes, application of the equations in Table A: Dissolved Freshwater Standards for
10 Hardness-Dependent Metals requires hardness values (expressed as CaCO, or Ca+Mg)
11 established using the median of instream hardness data collected within the local US
12 Geological Survey(USGS)and Natural Resources Conservation Service (NRCS) 8-digit
13 Hydrologic Unit(HU).The minimum applicable instream hardness shall be 25 mg/I and the
14 maximum applicable instream hardness shall be 400 mg/l. even when the actual median
15 instream hardness is less than 25 mg/I and greater than 400 mg/I;
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
3

A6
1 Table A: Dissolved Freshwater Standards for Hardness-Dependent Metals
2
3 Numeric standards listed below are calculated at 25 mg/I hardness for illustrative purposes.
4
5
Metal Equations for Hardness-Dependent Freshwater Metals(ug/1) Standard
at25
»iga
hardness
(ug/1)
Cadmium, {1.1366724/n hardness10.041838)) •e^{0.9151 [In hardness]-3.1485} 0.82
Acute
Cadmium, {1.136672-[In hardnessl(0.041838)) •e^{0.9151[In hardness]-3.6236) 0.51
Acu e
Trout
waters
Cadmium, {1.101672-[In hardnessl(0.041838)) •e^{0.7998[In hardness]-4.4451) Q15
Chronic
Chromium 0.316•e^{0.8190[In hardness]+3.7256} 180
III.Acute
Chromium 0.860•e^{0.8190[In hardnessJ+0.6848} 24
III.
Chronic
Copper, 0.960•e^{0.9422[In hardness]-1.700} 3_6
Acute Or
Aquatic Life Ambient Freshwater Quality Criteria-Copper 2007 Revision N/A
(EPA-822-R-07-0012
Copper, 0.960•e^{0.8545[In hardness]-1.702) 2.7
Chronic Or
Aquatic Life Ambient Freshwater Quality Criteria-Copper 2007 Revision N/A
(EPA-822-R-07-001)
Lead•
{1.46203-Un hardnessl(0.14571211 •e^{1.2731in hardness]-1.460] 14
Acute
Lead, {1.46203-[In hardness](0.145712)) •e^{1.273[In hardness]-4.705} 0.54
Chronic
Nickel, 0.998•e^{0.8460[In hardness]+2.255} 140
Acute
Nickel, 0.997•e^{0.8460[In hardness]+0.0584] 16
Chronic
4

A7
Silver, 0.85 •e^{1.72[1n hardness]-6.59} Q 3Q
Acute,
Zinc,Acute 0.978 e^{0.8473[In hardness]+0.884} 36
Zinc. 0.986•e^{0.8473[In hardnesg]+0.884} ¢
Chronic
1
2 (d) Compliance with acute instream metals standards shall only be evaluated using an average of
3 two or more samples collected within one hour.Compliance with chronic instream metals
4 standards shall only be evaluated using averages of a minimum of four samples taken on
5 consecutive days,or as a 96-hour average;
6 (e) With the exception of mercury and selenium, demonstrated attainment of the applicable
7 aquatic life use in a waterbody will take precedence over the application of the aquatic life
8 criteria established for metals associated with these uses. An instream exceedence of the
9 numeric criterion for metals shall not be considered to have caused an adverse impact to the
10 instream aquatic community if biological monitoring has demonstrated attainment of
11 biological integrity.
12 12 Oils,deleterious substances,colored or other wastes:only such amounts as shall not render the waters
13 injurious to public health,secondary recreation or to aquatic life and wildlife or adversely affect the
14 palatability of fish,aesthetic quality or impair the waters for any designated uses. For the purpose of
15 implementing this Rule,oils,deleterious substances,colored or other wastes shall include but not be
16 limited to substances that cause a film or sheen upon or discoloration of the surface of the water or
17 adjoining shorelines pursuant to 40 CFR 110.3(a)-(b)which are hereby incorporated by reference
18 including any subsequent amendments and additions. This material is available for inspection at the
19 Department of Environment and Natural Resources,Division of Water Quality,Water Resources,512
20 North Salisbury Street, Raleigh, North Carelina.Carolina;
21 ..._ _ ._ . . _. .-•,- _ _ . .. . : . . .
22 • . . .;
23 (13) Pesticides:
24 (a) Aldrin: 0.002 ug/I;
25 (b) Chlordane: 0.004 ug/1;
26 (c) DDT: 0.001 ug/l;
27 (d) Demeton: 0.1 ug/1;
28 (e) Dieldrin: 0.002 ug/l;
29 (f) Endosulfan: 0.05 ug/1;
30 (g) Endrin: 0.002 ug/I;
31 (h) Guthion: 0.01 ug/l;
5

A8
1 (i) Heptachlor: 0.004 ug/I;
2 Li) Lindane: 0.01 ug/1;
3 (k) Methoxychlor: 0.03 ug/I;
4 (I) Mirex: 0.001 ug/1,
5 (m) Parathion: 0.013 ug/I;
6 (n) Toxaphene: 0.0002 ug/1;
7 (g) 1�4,) pH:shall be normal for the waters in the area,which generally shall range between 6.0 and 9.0 except
8 that swamp waters may have a pH as low as 4.3 if it is the result of natural conditions;
9 Nal) Phenolic compounds:only such levels as shall not result in fish-flesh tainting or impairment of other
10 best usage;
11 (16) Polychlorinated biphenyls(total of all PCBs and congeners identified):0.001 ug/I;
12 (i)(17) Radioactive substances:
13 (13(a) Combined radium-226 and radium-228: the maximum average annual activity level(based
14 on at least four samples collected quarterly)for combined radium-226 and radium-228 shall
15 not exceed five picoCuries per liter;
16 (-i b1 Alpha Emitters:the average annual gross alpha particle activity(including radium-226,but
17 excluding radon and uranium)shall not exceed 15 picoCuries per liter;
18 (iii)(c) Beta Emitters:the maximum average annual activity level(based on at least four samples,
19 collected quarterly)for strontium-90 shall not exceed eight picoCuries per liter;nor shall the
20 average annual gross beta particle activity (excluding potassium-40 and other naturally
21 occurring radio-nuclides)exceed 50 picoCuries per liter; nor shall the maximum average
22 annual activity level for tritium exceed 20,000 picoCuries per liter;
23 (j)(18) Temperature:not to exceed 2.8 degrees C(5.04 degrees F)above the natural water temperature,and in
24 no case to exceed 29 degrees C (84.2 degrees F)for mountain and upper piedmont waters and 32
25 degrees C(89.6 degrees F)for lower piedmont and coastal plain Waters;the temperature for trout
26 waters shall not be increased by more than 0.5 degrees C(0.9 degrees F)due to the discharge of heated
27 liquids,but in no case to exceed 20 degrees C(68 degrees F);
28 (19) Toluene: 11 ug/1 or 0.36 ug/I in trout classified waters;
29 (20) Trialkyltin compounds: 0.07 ug/I expressed as tributyltin;
30 21 Turbidity: the turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units
31 (NTU)in streams not designated as trout waters and 10 NTU in streams,lakes or reservoirs designated
32 as trout waters;for lakes and reservoirs not designated as trout waters,the turbidity shall not exceed 25
33 NTU; if turbidity exceeds these levels due to natural background conditions,the existing turbidity
34 level shall not be increased. Compliance with this turbidity standard can be met when land
35 management activities employ Best Management Practices(BMPs)[as defined by Rule.0202 of this
36 Section]recommended by the Designated Nonpoint Source Agency[as defined by Rule.0202 of this
6

A9
1 Section]. BMPs must be in full compliance with all specifications governing the proper design,
2 installation,operation and maintenance of such BMPs;
4 • - -- - • . . _: • . . -: • . .__ • - -. .! !,
5
6
7 (1) Arsenic: 50 ug/l;
8 (ii) Beryllium: 6.5 ug/l;
9 ... •. , . .. . _ . . , . . - •; .-•• -
10
11 . . - _ - - . - . _ • .:: -: •. _ . •.
12 - .... - - _ ' . : _.. . . _ .. _ .
13
14
15 - ._ • : - !! : - _.: • _ .'... __
16 _. _. . •-: -.-•• _•.. • . :
17 .. . . . •_ _ • - _ • . !!
18
19
20
21 ;
22 (iv) Chlorine,total residual: 17 ug/I;
23 . : - . , --• --- - :. _. ! ,
•
•
•
24 _ __. ...
25 • : . •- -• . . -
26 __ e .. _... .., .
27 •- - • - - _: _ .:••: : • . . __ .:• :.
28 (vii) Fluorides: 1.8 mg/I;
29
30 _ ...
31 •_ :, .. - __ - _ _ _ - •_ • _ _..' .. .. . , _
32 -- - -: •:- - _:.: - - •' -• .• ••
...• ._ -.• .__. ..
33
34 (ix) Mercury: 0.012 ug/l;
35 _ . .. , : •.:••-•:- _ _ . _ . .. - - . ._ . _ . .
36 ._. : • : --• -_.. - - • -- : •:-- •
37 . .. .. •
:. _ ._ •: - .- : ._ _. .. : :
7

A10
2 .: _ .. .__. -_ . - e.. - _.
3 .. . - - . ' . .. ' - ' _ - _ .. «
•
4 .. ..•• . . . _ .'... .. . _. . •-_ _-.. _ •:---• _'.••
5 e•- . _. - ,' ... .. :
•
6 _ .
7 .. _.._ .. _ • - _ e' . -- -
g
9 . .. . . . . ., . . -;
10 (xi) Pesticides:
11 (A) Aldrin: 0.002 ugll;
12 ,
13 (C) DDT: 0.001 ug/l;
14 (D) Demcton: 0.1 ug/l;
15 ;
16 (F) Endosulfan: 0.05 ug/l;
17 (G) Endrin: 0.002 ug/l;
18 (14) Guthion: 0.01 ug/I;
19 ;
20 (J) Lindane: 0.01 ug/l;
21 (K) Methoxychlor: n 03 ugn.
>
22 (L) Mircx: 0.001 ug/1;
23 (M) Parathion: 0.013 ug/1;
24 ,
25
26 (xiii) Selenium: 5 ug/I;
27 . . - . - .. ;
28 - _. ... . _ . . -;
29 (4)(22 Action Levels for Toxic& stances:Applicable to NPDES Permits:
30 (a) Copper: 7 ug/l;Copper,dissolved,chronic:2.7 ug/l;
31 (b) Iron: 1.0 mg/1;
32 (c) SilverSilver,dissolved,chronic: 0.06 ug/l;
33 (d) Zine:Zinc,dissolved,chronic: 50 ug/1;36 ug/1;
34 (e) Chloride: 230 mg/1;
35 The hardness-dependent freshwater action levels for Copper and Zinc,provided here for illustrative
36 purposes. corresponds to a hardness of 25 mg/L. Copper and Zinc action level values for other
37 instream hardness values shall be calculated per the chronic equations specified in 15A NCAC 02B
8

Al 3
1 (e) Sewage,industrial wastes: none shall be allowed except those specified in Subparagraph
2 (2)of this Paragraph or Rule.0104 of this Subchapter;
3 (f) Solids,total dissolved: not greater than 500 mg/I;
4 (g) Total hardness: not greater than 100 mg/I as calcium earbonate;carbonate(CaCO3_or Ca
5 +Mg);
6 (h) Toxic and other deleterious substances:
7 (i) Water quality standards (maximum permissible concentrations) to protect
8 human health through water consumption and fish tissue consumption for
9 non-carcinogens in Class WS-I waters:
10 (A) Barium: 1.0 mg/1;
11 (B) Chloride: 250 mg/1;
12 (C) Manganese: 200 ug/l;
13 (1)K1 Nickel: 25 ug/1;
14 (E3Q2 Nitrate nitrogen: 10.0 mg/I;
15 (-F EJ 2,4-D: -1.00- 1;70 ug/l;
16 (6)(F) 2,4,5-TP(Silvex): 10 ug/1;
17 (}4)(g) Sulfates: 250 mg/I;
18 (ii) Water quality standards (maximum permissible concentrations) to protect
19 human health through water consumption and fish tissue consumption for
20 carcinogens in Class WS-I waters:
21 (A) Aldrin: 0.05 ng/1;
22 (B) Arsenic: 10 ug/I;
23 (C) Benzene: 1.19 ug/1;
24 (D) Carbon tetrachloride: 0.254 ug/1;
25 (E) Chlordane:0.8 ng/1;
26 (F) Chlorinated benzenes: 488 ug/I;
27 (G) DDT: 0.2 ng/1;
28 (H) Dieldrin: 0.05 ng/1;
29 (I) Dioxin: 0.000005 ng/l;
30 (J) Heptachlor: 0.08 ng/1;
31 (K) Hexachlorobutadiene: 0.44 ug/I;
32 (L) Polynuclear aromatic hydrocarbons(total of all PAHs): 2.8 ng/l;
33 (M) Tetrachloroethane(1,1,2,2):0.17 ug/l;
34 (N) Tetrachloroethylene: 0.7 ug/l;
35 (0) Trichloroethylene: 2.5 ug/l;
36 (P) Vinyl Chloride: 0.025 ug/I.
37
2

A16
1 the Commission to disclose all chemical constituents present or potentially present in
2 their wastes and chemicals which could be spilled or be present in runoff from their
3 facility which may have an adverse impact on downstream water quality. These facilities
4 may be required to have spill and treatment failure control plans as well as perform
5 special monitoring for toxic substances;
6 (b) Nonpoint Source and Stormwater Pollution: none that would adversely impact the waters
7 for use as a water supply or any other designated use;
8 (i) Nonpoint Source and Stormwater Pollution Control Criteria for Entire
9 Watershed:
10 (A) Low Density Option: development density must be limited to either no
11 more than one dwelling unit per acre of single family detached
12 residential development (or 40,000 square foot lot excluding roadway
13 right-of-way)or 12 percent built-upon area for all other residential and
14 non-residential development in the watershed outside of the critical
15 area; stormwater runoff from the development shall be transported by
16 vegetated conveyances to the maximum extent practicable;
17 (B) High Density Option: if new development exceeds the low density
18 option requirements as stated in Sub-Item(3)(b)(i)(A)of this Rule,then
19 engineered stormwater controls must be used to control runoff from the
20 first inch of rainfall; new residential and non-residential development
21 shall not exceed 30 percent built-upon area;
22 (C) Land within the watershed shall be deemed compliant with the density
23 requirements if the following condition is met: the density of all
24 existing development at the time of reclassification does not exceed the
25 density requirement when densities are averaged throughout the entire
26 watershed area at the time of classification;
27 (D) Cluster development is allowed on a project-by-project basis as
28 follows:
29 (I) overall density of the project meets associated density or
30 stormwater control requirements of this Rule;
31 (II) buffers meet the minimum statewide water supply watershed
32 protection requirements;
33 (III) built-upon areas are designed and located to minimize
34 stormwater runoff impact to the receiving waters, minimize
35 concentrated stormwater flow,maximize the use of sheet flow
36 through vegetated areas, and maximize the flow length
37 through vegetated areas;
2

All
1 (IV) areas of concentrated development are located in upland areas
2 and away, to the maximum extent practicable, from surface
3 waters and drainageways;
4 (V) remainder of tract to remain in vegetated or natural state;
5 (VI) area in the vegetated or natural state may be conveyed to a
6 property owners association, a local government for
7 preservation as a park or greenway, a conservation
8 organization, or placed in a permanent conservation or
9 farmland preservation easement;
10 (VII) a maintenance agreement for the vegetated or natural area
11 shall be filed with the Register of Deeds;and
12 (VIII) cluster development that meets the applicable low density
13 option requirements shall transport stormwater runoff from the
14 development by vegetated conveyances to the maximum
15 extent practicable;
16 (E) A maximum of 10 percent of each jurisdiction's portion of the
17 watershed outside of the critical area as delineated on July 1, 1993 may
18 be developed with new development projects and expansions of
19 existing development of up to 70 percent built-upon surface area in
20 addition to the new development approved in compliance with the
21 appropriate requirements of Sub-Item (3)(b)(i)(A) or Sub-Item
22 (3)(b)(i)(B)of this Rule. For expansions to existing development,the
23 existing built-upon surface area is not counted toward the allowed 70
24 percent built-upon surface area. A local government having
25 jurisdiction within the watershed may transfer, in whole or in part, its
26 right to the 10 percent/70 percent land area to another local government
27 within the watershed upon submittal of a joint resolution and review by
28 the Commission. When the water supply watershed is composed of
29 public lands, such as National Forest land, local governments may
30 count the public land acreage within the watershed outside of the
31 critical area in calculating the acreage allowed under this provision.
32 For local governments that do not choose to use the high density option
33 in that WS-II watershed, each project must, to the maximum extent
34 practicable,minimize built-upon surface area,direct stormwater runoff
35 away from surface waters and incorporate best management practices
36 to minimize water quality impacts. If the local government selects the
37 high density development option within that WS-II watershed, then
3

A18
1 engineered stormwater controls must be employed for the new
2 development;
3 (F) If local governments choose the high density development option
4 which requires stormwater controls, then they shall assume ultimate
5 responsibility for operation and maintenance of the required controls as
6 outlined in Rule.0104 of this Subchapter;
7 (G) Minimum 100 foot vegetative buffer is required for all new
8 development activities that exceed the low density option requirements
9 as specified in Sub-Items(3Xb)(iXA)and Sub-Item(3XbXii)(A)of this
10 Rule, otherwise a minimum 30 foot vegetative buffer for development
11 activities is required along all perennial waters indicated on the most
12 recent versions of U.S.G.S. 1:24,000 (7.5 minute) scale topographic
13 maps or as determined by local government studies. Nothing in this
14 Rule shall stand as a bar to artificial streambank or shoreline
15 stabilization;
16 (H) No new development is allowed in the buffer; water dependent
17 structures, or other structures such as flag poles, signs and security
18 lights, which result in only de minimus increases in impervious area
19 and public projects such as road crossings and greenways may be
20 allowed where no practicable alternative exists. These activities shall
21 minimize built-upon surface area, direct runoff away from the surface
22 waters and maximize the utilization of BMPs;
23 (I) No NPDES permits shall be issued for landfills that discharge treated
24 leachate;
25 (ii) Critical Area Nonpoint Source and Stormwater Pollution Control Criteria:
26 (A) Low Density Option: new development is limited to either no more
27 than one dwelling unit of single family detached residential
28 development per two acres (or 80,000 square foot lot excluding
29 roadway right-of-way) or six percent built-upon area for all other
30 residential and non-residential development; stormwater runoff from
31 the development shall be transported by vegetated conveyances to the
32 maximum extent practicable;
33 (B) High Density Option: if new development density exceeds the low
34 density requirements specified in Sub-Item (3XbXiiXA) of this Rule,
35 then engineered stormwater controls must be used to control runoff
36 from the first inch of rainfall; new residential and non-residential
37 development density not to exceed 24 percent built-upon area;
4

A19
1 (C) No new permitted sites for land application of residuals or petroleum
2 contaminated soils are allowed;
3 (D) No new landfills are allowed;
4 (c) MBAS (Methylene-Blue Active Substances): not greater than 0.5 mg/1 to protect the
5 aesthetic qualities of water supplies and to prevent foaming;
6 (d) Odor producing substances contained in sewage or other wastes: only such amounts,
7 whether alone or in combination with other substances or wastes,as shall not cause taste
8 and odor difficulties in water supplies which cannot be corrected by treatment,impair the
9 palatability of fish,or have a deleterious effect upon any best usage established for waters
10 of this class;
11 (e) Chlorinated phenolic compounds: not greater than 1.0 ug/1 to protect water supplies from
12 taste and odor problems from chlorinated phenols;
13 (f) Total hardness: not greater than 100 mg/I as calcium earbonatetcarbonate(CaCO1or Ca
14 +Mg);
15 (g) Total dissolved solids: not greater than 500 mg/I;
16 (h) Toxic and other deleterious substances:
17 (i) Water quality standards (maximum permissible concentrations) to protect
18 human health through water consumption and fish tissue consumption for
19 non-carcinogens in Class WS-II waters:
20 (A) Barium: 1.0 mg/1;
21 (B) Chloride: 250 mg/I;
22 (C) Manganese l;
23 (1)3(Q Nickel: 25 ug/1;
24 (E)LD) Nitrate nitrogen: 10 mg/1;
25 (F-XE) 2,4-D: 100-ttgfl;70 ug/I;
26 Kral 2,4,5-TP(Silvex): 10 ug/l;
27 (143) Sulfates: 250 mg/1;
28 (ii) Water quality standards (maximum permissible concentrations) to protect
29 human health through water consumption and fish tissue consumption for
30 carcinogens in Class WS-II waters:
31 (A) Aldrin: 0.05 ng/1;
32 (B) Arsenic: 10 ug/I;
33 (C) Benzene: 1.19 ug/l;
34 (D) Carbon tetrachloride: 0.254 ug/1;
35 (E) Chlordane: 0.8 ng/I;
36 (F) Chlorinated benzenes: 488 ug/1;
37 (G) DDT: 0.2 ng/l;
5

Ago
1 (H) Dieldrin: 0.05 ng/l;
2 (I) Dioxin: 0.000005 ng/1;
3 (J) Heptachlor: 0.08 ng/1;
4 (K) Hexachlorobutadiene: 0.44 ug/1;
5 (L) Polynuclear aromatic hydrocarbons(total of all PAHs): 2.8 ng/I;
6 (M) Tetrachloroethane(1,1,2,2): 0.17 ug/I;
7 (N) Tetrachloroethylene: 0.7 ug/l;
8 (0) Trichloroethylene: 2.5 ug/1;
9 (P) Vinyl Chloride: 0.025 ug/l.
10
11 History Note: Authority G.S. 143-214.1; 143-215.3(a)(1);
12 Eff May 10, 1979;
13 Amended Eff.1XX:May 1,2007;April 1,2003;January 1, 1996; October 1, 1995.
14
6

A21
1 15A NCAC 02B .0215 is proposed for amendment as follows:
2
3 15A NCAC 02B.0215 FRESH SURFACE WATER QUALITY STANDARDS FOR CLASS WS-IH
4 WATERS
5 The following water quality standards apply to surface water supply waters that are classified WS-III. Water quality
6 standards applicable to Class C waters as described in Rule.0211 of this Section also apply to Class WS-III waters.
7 (1) The best usage of WS-III waters are as follows: a source of water supply for drinking,culinary,or
8 food-processing purposes for those users where a more protective WS-I or WS-II classification is
9 not feasible and any other best usage specified for Class C waters;
10 (2) The conditions related to the best usage are as follows: waters of this class are protected as water
11 supplies which are generally in low to moderately developed watersheds and meet average
12 watershed development density levels as specified in Sub-Items (3XbXiXA), (3XbXiXB),
13 (3)(bXii)(A)and(3Xb)(ii)(B)of this Rule;discharges that qualify for a General Permit pursuant to
14 15A NCAC 2H .0127,trout farm discharges,recycle(closed loop)systems that only discharge in
15 response to 10-year storm events, and other stormwater discharges are allowed in the entire
16 watershed;treated domestic wastewater discharges are allowed in the entire watershed but no new
17 domestic wastewater discharges are allowed in the critical area; no new industrial wastewater
18 discharges except non-process industrial discharges are allowed in the entire watershed; the
19 waters, following treatment required by the Division of Environmental Health, shall meet the
20 Maximum Contaminant Level concentrations considered safe for drinking, culinary, or
21 food-processing purposes which are specified in the national drinking water regulations and in the
22 North Carolina Rules Governing Public Water Supplies, 15A NCAC 18C .1500. Sources of water
23 pollution which preclude any of these uses on either a short-term or long-term basis shall be
24 considered to be violating a water quality standard.The Class WS-III classification may be used to
25 protect portions of Class WS-IV water supplies. For reclassifications of these portions of WS-IV
26 water supplies occurring after the July 1, 1992 statewide reclassification, the more protective
27 classification requested by local governments shall be considered by the Commission when all
28 local governments having jurisdiction in the affected area(s) have adopted a resolution and the
29 appropriate ordinances to protect the watershed or the Commission acts to protect a watershed
30 when one or more local governments has failed to adopt necessary protection measures;
31 (3) Quality standards applicable to Class WS-III Waters are as follows:
32 (a) Sewage, industrial wastes, non-process industrial wastes, or other wastes: none shall be
33 allowed except for those specified in Item (2) of this Rule and Rule .0104 of this
34 Subchapter;none shall be allowed that have an adverse effect on human health or that are
35 not effectively treated to the satisfaction of the Commission and in accordance with the
36 requirements of the Division of Environmental Health, North Carolina Department of
37 Environment and Natural Resources. Any discharger may be required by the
1

A22
1 Commission to disclose all chemical constituents present or potentially present in their
2 wastes and chemicals which could be spilled or be present in runoff from their facility
3 which may have an adverse impact on downstream water quality. These facilities may be
4 required to have spill and treatment failure control plans as well as perform special
5 monitoring for toxic substances;
6 (b) Nonpoint Source and Stormwater Pollution: none that would adversely impact the waters
7 for use as water supply or any other designated use;
8 (i) Nonpoint Source and Stormwater Pollution Control Criteria For Entire
9 Watershed:
10 (A) Low Density Option: development density must be limited to either no
11 more than two dwelling units of single family detached residential
12 development per acre (or 20,000 square foot lot excluding roadway
13 right-of-way)or 24 percent built-upon area for all other residential and
14 non-residential development in watershed outside of the critical area;
15 stormwater runoff from the development shall be transported by
16 vegetated conveyances to the maximum extent practicable;
17 (B) High Density Option: if new development density exceeds the low
18 density option requirements specified in Sub-Item (3Xb)(iXA) of this
19 Rule then development must control runoff from the first inch of
20 rainfall; new residential and non-residential development shall not
21 exceed 50 percent built-upon area;
22 (C) Land within the watershed shall be deemed compliant with the density
23 requirements if the following condition is met: the density of all
24 existing development at the time of reclassification does not exceed the
25 density requirement when densities are averaged throughout the entire
26 watershed area;
27 (D) Cluster development is allowed on a project-by-project basis as
28 follows:
29 (I) overall density of the project meets associated density or
30 stormwater control requirements of this Rule;
31 (II) buffers meet the minimum statewide water supply watershed
32 protection requirements;
33 (III) built-upon areas are designed and located to minimize
34 stormwater runoff impact to the receiving waters, minimize
35 concentrated stormwater flow, maximize the use of sheet flow
36 through vegetated areas, and maximize the flow length
37 through vegetated areas;
2

A23
1 (IV) areas of concentrated development are located in upland areas
2 and away, to the maximum extent practicable, from surface
3 waters and drainageways;
4 (V) remainder of tract to remain in vegetated or natural state;
5 (VI) area in the vegetated or natural state may be conveyed to a
6 property owners association, a local government for
7 preservation as a park or greenway, a conservation
8 organization or placed in a permanent conservation or
9 farmland preservation easement;
10 (VII) a maintenance agreement for the vegetated or natural area
11 shall be filed with the Register of Deeds;and
12 (VIII) cluster development that meets the applicable low density
13 option requirements shall transport stormwater runoff from the
14 development by vegetated conveyances to the maximum
15 extent practicable;
16 (E) A maximum of 10 percent of each jurisdiction's portion of the
17 watershed outside of the critical area as delineated on July 1, 1993 may
18 be developed with new development projects and expansions of
19 existing development of up to 70 percent built-upon surface area in
20 addition to the new development approved in compliance with the
21 appropriate requirements of Sub-Item (3)(b)(i)(A) or Sub-Item
22 (3Xb)(i)(B)of this Rule. For expansions to existing development,the
23 existing built-upon surface area is not counted toward the allowed 70
24 percent built-upon surface area. A local government having
25 jurisdiction within the watershed may transfer, in whole or in part, its
26 right to the 10 percent/70 percent land area to another local government
27 within the watershed upon submittal of a joint resolution and review by
28 the Commission. When the water supply watershed is composed of
29 public lands, such as National Forest land, local governments may
30 count the public land acreage within the watershed outside of the
31 critical area in figuring the acreage allowed under this provision. For
32 local governments that do not choose to use the high density option in
33 that WS-III watershed, each project must, to the maximum extent
34 practicable,minimize built-upon surface area,direct stormwater runoff
35 away from surface waters, and incorporate best management practices
36 to minimize water quality impacts. If the local government selects the
37 high density development option within that WS-III watershed, then
3

A24
1 engineered stormwater controls must be employed for the new
2 development;
3 (F) If local governments choose the high density development option
4 which requires engineered stormwater controls,then they shall assume
5 ultimate responsibility for operation and maintenance of the required
6 controls as outlined in Rule.0104 of this Subchapter;
7 (G) Minimum 100 foot vegetative buffer is required for all new
8 development activities that exceed the low density requirements as
9 specified in Sub-Item (3)(b)(iXA) and Sub-Item (3Xb)(iiXA) of this
10 Rule, otherwise a minimum 30 foot vegetative buffer for development
11 is required along all perennial waters indicated on the most recent
12 versions of U.S.G.S. 1:24,000 (7.5 minute) scale topographic maps or
13 as determined by local government studies. Nothing in this Rule shall
14 stand as a bar to artificial streambank or shoreline stabilization;
15 (H) No new development is allowed in the buffer; water dependent
16 structures, or other structures such as flag poles, signs and security
17 lights, which result in only de minimus increases in impervious area
18 and public projects such as road crossings and greenways may be
19 allowed where no practicable alternative exists. These activities shall
20 minimize built-upon surface area, direct runoff away from surface
21 waters and maximize the utilization of BMPs;
22 (I) No NPDES permits shall be issued for landfills that discharge treated
23 leachate;
24 (ii) Critical Area Nonpoint Source and Stormwater Pollution Control Criteria:
25 (A) Low Density Option: new development limited to either no more than
26 one dwelling unit of single family detached residential development per
27 acre(or 40,000 square foot lot excluding roadway right-of-way)or 12
28 percent built-upon area for all other residential and non-residential
29 development; stormwater runoff from the development shall be
30 transported by vegetated conveyances to the maximum extent
31 practicable;
32 (B) High Density Option: if new development exceeds the low density
33 requirements specified in Sub-Item (3Xb)(iiXA) of this Rule, then
34 engineered stormwater controls must be used to control runoff from the
35 first inch of rainfall; development shall not exceed 30 percent
36 built-upon area;
4

A25
1 (C) No new permitted sites for land application of residuals or petroleum
2 contaminated soils are allowed;
3 (D) No new landfills are allowed;
4 (c) MBAS (Methylene-Blue Active Substances): not greater than 0.5 mg/1 to protect the
5 aesthetic qualities of water supplies and to prevent foaming;
6 (d) Odor producing substances contained in sewage,industrial wastes,or other wastes: only
7 such amounts,whether alone or in combination with other substances or wastes,as shall
8 not cause taste and odor difficulties in water supplies which cannot be corrected by
9 treatment,impair the palatability of fish,or have a deleterious effect upon any best usage
10 established for waters of this class;
11 (e) Chlorinated phenolic compounds: not greater than 1.0 ug/I to protect water supplies from
12 taste and odor problems from chlorinated phenols;
13 (f) Total hardness: not greater than 100 mg/1 as calcium ; arboreafbenat to Ca O or Ca
14 +Mg);
15 (g) Total dissolved solids: not greater than 500 mg/I;
16 (h) Toxic and other deleterious substances:
17 (i) Water quality standards (maximum permissible concentrations) to protect
18 human health through water consumption and fish tissue consumption for
19 non-carcinogens in Class WS-III waters:
20 (A) Barium: 1.0 mg/I;
21 (B) Chloride: 250 mg/I;
22 ;
23 (DC) Nickel: 25 ug/l;
24 (1' D] Nitrate nitrogen: 10 mg/I;
25 (tel 2,4-D: 400-ag/470 ug/l;
26 (tel 2,4,5-TP(Silvex): 10 ug/I;
27 ( G.) Sulfates: 250 mg/1;
28 (ii) Water quality standards (maximum permissible concentrations) to protect
29 human health through water consumption and fish tissue consumption for
30 carcinogens in Class WS-III waters:
31 (A) Aldrin: 0.05 ng/I;
32 (B) Arsenic: 10 ug/I;
33 (C) Benzene: 1.19 ug/1;
34 (D) Carbon tetrachloride: 0.254 ug/I;
35 (E) Chlordane: 0.8 ng/l;
36 (F) Chlorinated benzenes: 488 ug/I;
37 (G) DDT: 0.2 ng/1;
5

A26
1 (H) Dieldrin: 0.05 ng/I;
2 (I) Dioxin: 0.000005 ng/l;
3 (J) Heptachlor: 0.08 ng/I;
4 (K) Hexachlorobutadiene: 0.44 ug/l;
5 (L) Polynuclear aromatic hydrocarbons(total of all PAHs): 2.8 ng/l;
6 (M) Tetrachloroethane(1,1,2,2): 0.17 ug/I;
7 (N) Tetrachloroethylene: 0.7 ug/l;
8 (0) Trichloroethylene: 2.5 ug/I;
9 (P) Vinyl Chloride: 0.025 ug/I.
10
11 History Note: Authority G.S. 143-214.1; 143-215.3(a)(1);
12 Eff September 9, 1979;
13 Amended Eff)01X: May 1, 2007; April 1, 2003; January 1, 1996; October I, 1995; October I,
14 1989.
15
6

A27
1 15A NCAC 02B .0216 is proposed for amendment as follows:
2
3 15A NCAC 02B.0216 FRESH SURFACE WATER QUALITY STANDARDS FOR WS-IV WATERS
4 The following water quality standards apply to surface water supply waters that are classified WS-IV. Water quality
5 standards applicable to Class C waters as described in Rule.0211 of this Section also apply to Class WS-IV waters.
6 (1) The best usage of WS-IV waters are as follows: a source of water supply for drinking,culinary,or
7 food-processing purposes for those users where a more protective WS-I, WS-II or WS-III
8 classification is not feasible and any other best usage specified for Class C waters;
9 (2) The conditions related to the best usage are as follows: waters of this class are protected as water
10 supplies which are generally in moderately to highly developed watersheds or protected areas and
11 meet average watershed development density levels as specified in Sub-Items (3XbXiXA),
12 (3)(b)(i)(B), (3)(b)(ii)(A) and (3Xb)(ii)(B) of this Rule; discharges which qualify for a General
13 Permit pursuant to 15A NCAC 02H .0127, trout farm discharges, recycle (closed loop) systems
14 that only discharge in response to 10-year storm events,other stormwater discharges and domestic
15 wastewater discharges shall be allowed in the protected and critical areas; treated industrial
16 wastewater discharges are allowed in the protected and critical areas; however, new industrial
17 wastewater discharges in the critical area shall be required to meet the provisions of 15A NCAC
18 02B .0224(1)(bxiv), (v) and (vii), and 15A NCAC 02B .0203; new industrial connections and
19 expansions to existing municipal discharges with a pretreatment program pursuant to 15A NCAC
20 02H.0904 are allowed;the waters,following treatment required by the Division of Environmental
21 Health, shall meet the Maximum Contaminant Level concentrations considered safe for drinking,
22 culinary, or food-processing purposes which are specified in the national drinking water
23 regulations and in the North Carolina Rules Governing Public Water Supplies, 15A NCAC 18C
24 .1500. Sources of water pollution which preclude any of these uses on either a short-term or
25 long-term basis shall be considered to be violating a water quality standard. The Class WS-II or
26 WS-III classifications may be used to protect portions of Class WS-IV water supplies. For
27 reclassifications of these portions of WS-IV water supplies occurring after the July 1, 1992
28 statewide reclassification,the more protective classification requested by local governments shall
29 be considered by the Commission when all local governments having jurisdiction in the affected
30 area(s) have adopted a resolution and the appropriate ordinances to protect the watershed or the
31 Commission acts to protect a watershed when one or more local governments has failed to adopt
32 necessary protection measures;
33 (3) Quality standards applicable to Class WS-IV Waters are as follows:
34 (a) Sewage, industrial wastes, non-process industrial wastes,or other wastes: none shall be
35 allowed except for those specified in Item (2) of this Rule and Rule .0104 of this
36 Subchapter and none shall be allowed that shall have an adverse effect on human health
37 or that are not effectively treated to the satisfaction of the Commission and in accordance
1

A28
1 with the requirements of the Division of Environmental Health, North Carolina
2 Department of Environment and Natural Resources. Any discharges or industrial users
3 subject to pretreatment standards may be required by the Commission to disclose all
4 chemical constituents present or potentially present in their wastes and chemicals which
5 could be spilled or be present in runoff from their facility which may have an adverse
6 impact on downstream water supplies. These facilities may be required to have spill and
7 treatment failure control plans as well as perform special monitoring for toxic substances;
8 (b) Nonpoint Source and Stormwater Pollution: none shall be allowed that would adversely
9 impact the waters for use as water supply or any other designated use.
10 (i) Nonpoint Source and Stormwater Pollution Control Criteria For Entire
11 Watershed or Protected Area:
12 (A) Low Density Option: development activities which require a
13 Sedimentation/Erosion Control Plan in accordance with 15A NCAC 4
14 established by the North Carolina Sedimentation Control Commission
15 or approved local government programs as delegated by the
16 Sedimentation Control Commission shall be limited to no more than
17 either: two dwelling units of single family detached development per
18 acre (or 20,000 square foot lot excluding roadway right-of-way)or 24
19 percent built-upon on area for all other residential and non-residential
20 development; or three dwelling units per acre or 36 percent built-upon
21 area for projects without curb and gutter street systems in the protected
22 area outside of the critical area; stormwater runoff from the
23 development shall be transported by vegetated conveyances to the
24 maximum extent practicable;
25 (B) High Density Option: if new development activities which require a
26 Sedimentation/Erosion Control Plan exceed the low density
27 requirements of Sub-Item (3)(b)(i)(A) of this Rule then development
28 shall control the runoff from the first inch of rainfall; new residential
29 and non-residential development shall not exceed 70 percent built-upon
30 area;
31 (C) Land within the critical and protected area shall be deemed compliant
32 with the density requirements if the following condition is met: the
33 density of all existing development at the time of reclassification does
34 not exceed the density requirement when densities are averaged
35 throughout the entire area;
36 (D) Cluster development shall be allowed on a project-by-project basis as
37 follows:
2

A29
1 (I) overall density of the project meets associated density or
2 stormwater control requirements of this Rule;
3 (II) buffers meet the minimum statewide water supply watershed
4 protection requirements;
5 (III) built-upon areas are designed and located to minimize
6 stormwater runoff impact to the receiving waters, minimize
7 concentrated stormwater flow,maximize the use of sheet flow
8 through vegetated areas, and maximize the flow length
9 through vegetated areas;
10 (IV) areas of concentrated development are located in upland areas
11 and away, to the maximum extent practicable, from surface
12 waters and drainageways;
13 (V) remainder of tract to remain in vegetated or natural state;
14 (VI) area in the vegetated or natural state may be conveyed to a
15 property owners association, a local government for
16 preservation as a park or greenway, a conservation
17 organization, or placed in a permanent conservation or
18 farmland preservation easement;
19 (VII) a maintenance agreement for the vegetated or natural area
20 shall be filed with the Register of Deeds;and
21 (VIII) cluster development that meets the applicable low density
22 option requirements shall transport stormwater runoff from the
23 development by vegetated conveyances to the maximum
24 extent practicable;
25 (E) If local governments choose the high density development option
26 which requires engineered stormwater controls,then they shall assume
27 ultimate responsibility for operation and maintenance of the required
28 controls as outlined in Rule.0104 of this Subchapter;
29 (F) Minimum 100 foot vegetative buffer is required for all new
30 development activities that exceed the low density option requirements
31 as specified in Sub-Item (3Xb)(i)(A) or Sub-Item (3)(bXii)(A) of this
32 Rule, otherwise a minimum 30 foot vegetative buffer for development
33 shall be required along all perennial waters indicated on the most recent
34 versions of U.S.G.S. 1:24,000 (7.5 minute) scale topographic maps or
35 as determined by local government studies;
36 (G) No new development shall be allowed in the buffer; water dependent
37 structures, or other structures, such as flag poles, signs and security
3

A30
1 lights, which result in only de minimus increases in impervious area
2 and public projects such as road crossings and greenways may be
3 allowed where no practicable alternative exists. These activities shall
4 minimize built-upon surface area, divert runoff away from surface
5 waters and maximize the utilization of BMPs;
6 (H) For local governments that do not use the high density option, a
7 maximum of 10 percent of each jurisdiction's portion of the watershed
8 outside of the critical area as delineated on July 1, 1995 may be
9 developed with new development projects and expansions to existing
10 development of up to 70 percent built-upon surface area in addition to
11 the new development approved in compliance with the appropriate
12 requirements of Sub-Item (3)(b)(i)(A)of this Rule. For expansions to
13 existing development, the existing built-upon surface area shall not be
14 counted toward the allowed 70 percent built-upon surface area. A local
15 government having jurisdiction within the watershed may transfer, in
16 whole or in part, its right to the 10 percent/70 percent land area to
17 another local government within the watershed upon submittal of a
18 joint resolution for review by the Commission. When the designated
19 water supply watershed area is composed of public land, such as
20 National Forest land, local governments may count the public land
21 acreage within the designated watershed area outside of the critical area
22 in figuring the acreage allowed under this provision. Each project
23 shall,to the maximum extent practicable, minimize built-upon surface
24 area, direct stormwater runoff away from surface waters and
25 incorporate best management practices to minimize water quality
26 impacts;
27 (ii) Critical Area Nonpoint Source and Stormwater Pollution Control Criteria:
28 (A) Low Density Option: new development activities which require a
29 Sedimentation/Erosion Control Plan in accordance with 15A NCAC 4
30 established by the North Carolina Sedimentation Control Commission
31 or approved local government programs as delegated by the
32 Sedimentation Control Commission shall be limited to no more than
33 two dwelling units of single family detached development per acre(or
34 20,000 square foot lot excluding roadway right-of-way)or 24 percent
35 built-upon area for all other residential and non-residential
36 development; stormwater runoff from the development shall be
4

A31
1 transported by vegetated conveyances to the maximum extent
2 practicable;
3 (B) High Density Option: if new development density exceeds the low
4 density requirements specified in Sub-Item (3)(b)(iiXA) of this Rule,
5 engineered stormwater controls shall be used to control runoff from the
6 first inch of rainfall; new residential and non-residential development
7 shall not exceed 50 percent built-upon area;
8 (C) No new permitted sites for land application of residuals or petroleum
9 contaminated soils shall be allowed;
10 (D) No new landfills shall be allowed;
11 (c) MBAS (Methylene-Blue Active Substances): not greater than 0.5 mg/I to protect the
12 aesthetic qualities of water supplies and to prevent foaming;
13 (d) Odor producing substances contained in sewage,industrial wastes,or other wastes: only
14 such amounts, whether alone or in combination with other substances or waste, as will
15 not cause taste and odor difficulties in water supplies which can not be corrected by
16 treatment,impair the palatability of fish,or have a deleterious effect upon any best usage
17 established for waters of this class;
18 (e) Chlorinated phenolic compounds: not greater than 1.0 ug/1 to protect water supplies
19 from taste and odor problems due to chlorinated phenols shall be allowed. Specific
20 phenolic compounds may be given a different limit if it is demonstrated not to cause taste
21 and odor problems and not to be detrimental to other best usage;
22 (f) Total hardness shall not exceed 100 mg/I as calcium eerbonatetcarbonate(CaCOa,or Ca+
23 Mg);
24 (g) Total dissolved solids shall not exceed 500 mg/1;
25 (h) Toxic and other deleterious substances:
26 (i) Water quality standards (maximum permissible concentrations) to protect
27 human health through water consumption and fish tissue consumption for
28 non-carcinogens in Class WS-IV waters:
29 (A) Barium: 1.0 mg/1;
30 (B) Chloride: 250 mg/I;
31 ,
32 (B)Lc) Nickel: 25 ug/1;
33 (B)(D) Nitrate nitrogen: 10.0 mg/1;
34 (FX ) 2,4-D: -1.90-ugotli 70 ug/I;
35 (6 ) 2,4,5-TP(Silvex): 10 ug/I;
36 (H ) Sulfates: 250 mg/1;
5

A32
1 (ii) Water quality standards (maximum permissible concentrations) to protect
2 human health through water consumption and fish tissue consumption for
3 carcinogens in Class WS-IV waters:
4 (A) Aldrin: 0.05 ng/1;
5 (B) Arsenic: 10 ug/l;
6 (C) Benzene: 1.19 ug/I;
7 (D) Carbon tetrachloride: 0.254 ug/l;
8 (E) Chlordane: 0.8 ng/1;
9 (F) Chlorinated benzenes: 488 ug/1;
10 (G) DDT: 0.2 ng/I;
11 (H) Dieldrin: 0.05 ng/l;
12 (I) Dioxin: 0.000005 ng/l;
13 (J) Heptachlor: 0.08 ng/I;
14 (K) Hexachlorobutadiene: 0.44 ug/l;
15 (L) Polynuclear aromatic hydrocarbons(total of all PAHs): 2.8 ng/l;
16 (M) Tetrachloroethane(1,1,2,2): 0.17 ug/I;
17 (N) Tetrachloroethylene: 0.7 ug/l;
18 (0) Trichloroethylene: 2.5 ug/l;
19 (P) Vinyl Chloride: 0.025 ug/1.
20
21 History Note: Authority G.S. 143-214.1; 143-215.3(a)(1);
22 Eff February I, 1986;
23 Amended Eff XXX May 1, 2007;April 1, 2003;June 1, 1996; October 1, 1995;August 1, 1995;
24 June 1, 1994.
25
6

A33
1 15A NCAC 02B .0218 is proposed for amendment as follows:
2
3 15A NCAC 02B.0218 FRESH SURFACE WATER QUALITY STANDARDS FOR CLASS WS-V
4 WATERS
5 The following water quality standards apply to surface water supply waters that are classified WS-V. Water quality
6 standards applicable to Class C waters as described in Rule.0211 of this Section also apply to Class WS-V waters.
7 (1) The best usage of WS-V waters are as follows: waters that are protected as water supplies which
8 are generally upstream and draining to Class WS-IV waters; or waters previously used for
9 drinking water supply purposes; or waters used by industry to supply their employees, but not
10 municipalities or counties, with a raw drinking water supply source, although this type of use is
11 not restricted to WS-V classification;and all Class C uses. The Commission may consider a more
12 protective classification for the water supply if a resolution requesting a more protective
13 classification is submitted from all local governments having land use jurisdiction within the
14 affected watershed;
15 (2) The conditions related to the best usage are as follows: waters of this class are protected water
16 supplies;the waters, following treatment required by the Division of Environmental Health,shall
17 meet the Maximum Contaminant Level concentrations considered safe for drinking, culinary, or
18 food-processing purposes which are specified in the national drinking water regulations and in the
19 North Carolina Rules Governing Public Water Supplies, 15A NCAC 18C .1500; no categorical
20 restrictions on watershed development or wastewater discharges are required, however, the
21 Commission or its designee may apply management requirements for the protection of waters
22 downstream of receiving waters (15A NCAC 02B .0203). Sources of water pollution which
23 preclude any of these uses on either a short-term or long-term basis shall be considered to be
24 violating a water quality standard;
25 (3) Quality standards applicable to Class WS-V Waters are as follows:
26 (a) Sewage, industrial wastes, non-process industrial wastes, or other wastes: none shall be
27 allowed that have an adverse effect on human health or that are not effectively treated to
28 the satisfaction of the Commission and in accordance with the requirements of the
29 Division of Environmental Health, North Carolina Department of Environment and
30 Natural Resources. Any discharges or industrial users subject to pretreatment standards
31 may be required by the Commission to disclose all chemical constituents present or
32 potentially present in their wastes and chemicals which could be spilled or be present in
33 runoff from their facility which may have an adverse impact on downstream water
34 supplies.These facilities may be required to have spill and treatment failure control plans
35 as well as perform special monitoring for toxic substances;
36 (b) MBAS (Methylene-Blue Active Substances): not greater than 0.5 mg/I to protect the
37 aesthetic qualities of water supplies and to prevent foaming;
1

A34
1 (c) Nonpoint Source and Stormwater Pollution: none that would adversely impact the waters
2 for use as water supply or any other designated use;
3 (d) Odor producing substances contained in sewage,industrial wastes,or other wastes: only
4 such amounts, whether alone or in combination with other substances or waste, as will
5 not cause taste and odor difficulties in water supplies which can not be corrected by
6 treatment, impair the palatability of fish,or have a deleterious effect upon any best usage
7 established for waters of this class;
8 (e) Chlorinated phenolic compounds: not greater than 1.0 ug/1 to protect water supplies
9 from taste and odor problems due to chlorinated phenols; specific phenolic compounds
10 may be given a different limit if it is demonstrated not to cause taste and odor problems
11 and not to be detrimental to other best usage;
12 (f) Total hardness: not greater than 100 mg/I as calcium earbonatetcarbonate(CaCO1or ca
13 +Me);
14 (g) Total dissolved solids: not greater than 500 mg/I;
15 (h) Toxic and other deleterious substances:
16 (i) Water quality standards (maximum permissible concentrations) to protect
17 human health through water consumption and fish tissue consumption for
18 non-carcinogens in Class WS-V waters:
19 (A) Barium: 1.0 mg/1;
20 (B) Chloride: 250 mg/1;
21 (C) Manganese: 200 ug/1;
22 (-D3() Nickel: 25 ug/I;
23 (]E ) Nitrate nitrogen: 10.0 mg/I;
24 (F)L) 2,4-D: -00- 70 ug/l;
25 (G ) 2,4,5-TP(Silvex): 10 ug/I;
26 (H310 Sulfates: 250 mg/I.
27 (ii) Water quality standards (maximum permissible concentrations) to protect
28 human health through water consumption and fish tissue consumption for
29 carcinogens in Class WS-V waters:
30 (A) Aldrin: 0.05 ng/l;
31 (B) Arsenic: 10 ug/I;
32 (C) Benzene: 1.19 ug/I;
33 (D) Carbon tetrachloride: 0.254 ug/l;
34 (E) Chlordane: 0.8 ng/1;
35 (F) Chlorinated benzenes: 488 ug/l;
36 (G) DDT: 0.2 ng/l;
37 (H) Dieldrin: 0.05 ng/I;
2

A35
1 (I) Dioxin: 0.000005 ng/l;
2 (J) Heptachlor: 0.08 ng/l;
3 (K) Hexachlorobutadiene: 0.44 ug/l;
4 (L) Polynuclear aromatic hydrocarbons(total of all PAHs): 2.8 ng/l;
5 (M) Tetrachloroethane(1,1,2,2): 0.17 ug/1;
6 (N) Tetrachloroethylene: 0.7 ug/1;
7 (0) Trichloroethylene: 2.5 ug/I;
8 (P) Vinyl Chloride: 0.025 ug/I.
9
10 History Note: Authority G.S. 143-214.1; 143-215.3(a)(1);
11 Eff October 1, 1989;
12 Amended Eff XXX.,May 1,2007;April I, 2003; October 1, 1995.
13
3

A36
1 15A NCAC 02B .0220 is proposed for amendment as follows:
2
3 15A NCAC 02B.0220 TIDAL SALT WATER QUALITY STANDARDS FOR CLASS SC WATERS
4 General. The water quality standards for all tidal salt waters are the basic standards applicable to Class SC waters.
5 Additional and more stringent standards applicable to other specific tidal salt water classifications are specified in
6 Rules.0221 and.0222 of this Section.Action Levels,for purposes of NPDES permitting,are specified in Rule.0220
7 (20).
8 (1) Best Usage of Waters: any usage except primary recreation or shellfishing for market purposes;
9 usages include aquatic life propagation and maintenance of biological integrity(including fishing,
10 fish and functioning PNAs),wildlife,and secondary recreation;
11 (2) Conditions Related to Best Usage: the waters shall be suitable for aquatic life propagation and
12 maintenance of biological integrity, wildlife, and secondary recreation. Any source of water
13 pollution which precludes any of these uses, including their functioning as PNAs, on either a
14 short-term or a long-term basis shall be considered to be violating a water quality standard;
15 c .. .. ... . .:: •
_.: _ . . •:: •. _ :
16 (OM Chlorophyll a(corrected): not greater than 40 ug/I in sounds,estuaries,and other waters subject to
17 growths of macroscopic or microscopic vegetation. The Commission or its designee may prohibit
18 or limit any discharge of waste into surface waters if, in the opinion of the Director, the surface
19 waters experience or the discharge would result in growths of microscopic or macroscopic
20 vegetation such that the standards established pursuant to this Rule would be violated or the
21 intended best usage of the waters would be impaired;
22 (4) Cyanide: 1 ug/I;
23 (b)( ) Dissolved oxygen: not less than 5.0 mg/I, except that swamp waters, poorly flushed tidally
24 influenced streams or embayments,or estuarine bottom waters may have lower values if caused by
25 natural conditions;
26 (6) Enterococcus, including Enterococcus faecalis. Enterococcus faecium. Enterococcus avium and
27 Enterococcus gallinarium: not to exceed a geometric mean of 35 enterococci per 100 ml based
28 upon a minimum of five samples within any consecutive 30 days. In accordance with 33 U.S.C.
29 1313 (Federal Water Pollution Control Act) for purposes of beach monitoring and notification,
30 "Coastal Recreational Waters Monitoring, Evaluation and Notification" regulations (15A NCAC
31 18A.3400)are hereby incorporated by reference including any subsequent amendments;
32 (e)Ql Floating solids, settleable solids, or sludge deposits: only such amounts attributable to sewage,
33 industrial wastes or other wastes,as shall not make the waters unsafe or unsuitable for aquatic life
34 and wildlife,or impair the waters for any designated uses;
35 (d)( Gases,total dissolved: not greater than 110 percent of saturation;
36 - > -
37 _ • . .. . . . ---• • _. .• . - - .....• .- !! .. .
1

A37
1 : _ • - :.• - . ' _ .. . . ..... .. .. ' - _. .
3 " __ _. •. . . • . • . - _ : .. •.• ..•. . ' _. •.-" . .
4 . • !! .. _ _ .. _- ._• .. - . _ •;
5 (9) Metals:
6 (a) With the exception of mercury and selenium.tidal salt water quality standards for metals
7 shall be based upon measurement of the dissolved fraction of the metals. Mercury and
8 Selenium must be based upon measurement of the total recoverable metal. Alternative
9 site-specific standards can be developed where studies designed according to the "Water
10 Ouality Standards Handbook: Second Edition" published by the US Environmental
11 Protection Agency (EPA 823-B-94-005a) hereby incorporated by reference. including
12 any subsequent amendments;
13 (b) Compliance with acute instream metals standards shall only be evaluated using an
14 average of two or more samples collected within one hour. Compliance with chronic
15 instream metals standards shall only be evaluated using averages of a minimum of four
16 samples taken on consecutive days.or as a 96-hour average;
17 (c) With the exception of mercury and selenium, demonstrated attainment of the applicable
18 aquatic life use in a waterbody will take precedence over the application of the aquatic
19 life criteria established for metals associated with these uses. An instream exceedence of
20 the numeric criterion for metals shall not be considered to have caused an adverse impact
21 to the instream aquatic community if biological monitoring has demonstrated attainment
22 of biological integrity;
23 (d) Acute and chronic tidal salt water quality metals standards are as follows:
24 (i) Arsenic,acute: 69 ug/1;
25 (ii) Arsenic,chronic: 36 ug/l;
26 (iii) Cadmium.acute: 40 ug/1;
27 (iv) Cadmium,chronic: 8.8 ug/1;
28 (v) Chromium VI,acute: 1100 ug/l;
29 (vi) Chromium VI,chronic: 50 ug/l;
30 (vii) Copper,acute: 4.8 ug/l;
31 (viii) Copper,chronic: 3.1 ug/l;
32 ix Lead,acute: 210 ug/I;
33 (x) Lead,chronic: 8.1 ug/l;
34 (xi) Mercury,total recoverable,chronic: 0.025 ug/I;
35 (xii) Nickel,acute: 74 ug/I;
36 ()Eiii) Nickel,chronic: 8.2 ug/I;
37 (xiv) Selenium,total recoverable,chronic: 71 ug/l;
2

A38
1 (xv) Silver,acute: 1.9 ug/I;
2 (xvi) Silver.chronic: 0.1 ug/1;
3 (xvii) Zinc,acute: 90 ug/I;
4 (xviii) Zinc,chronic: 81 ug/I;
5 10 Oils, deleterious substances, colored or other wastes: only such amounts as shall not render the
6 waters injurious to public health, secondary recreation or aquatic life and wildlife or adversely
7 affect the palatability of fish, aesthetic quality or impair the waters for any designated uses. For
8 the purpose of implementing this Rule, oils,deleterious substances, colored or other wastes shall
9 include but not be limited to substances that cause a film or sheen upon or discoloration of the
10 surface of the water or adjoining shorelines pursuant to 40 CFR 110.3;
11 (11) Pesticides:
12 (a) Aldrin: 0.003 ug/I;
13 (b) Chlordane: 0.004 ug/l;
14 (c) DDT: 0.001 ug/1;
15 (d) Demeton: 0.1 ug/I;
16 (e) Dieldrin: 0.002 ug/1:
17 (f) Endosulfan: 0.009 ug/I;
18 (g) Endrin: 0.002 ug/I;
19 (h) Guthion: 0.01 ug/I;
20 (i) Heptachlor: 0.004 ug/l;
21 (j) Lindane: 0.004 ug/1;
22 (k) Methoxychlor: 0.03 ug/l;
23 (I) Mirex: 0.001 ug/1;
24 (m) Parathion: 0.178 ug/I;
25 (n) Toxaphene: 0.0002 ug/I;
26 (g)f12) pH: shall be normal for the waters in the area, which generally shall range between 6.8 and 8.5
27 except that swamp waters may have a pH as low as 4.3 if it is the result of natural conditions;
28 13 Phenolic compounds: only such levels as shall not result in fish-flesh tainting or impairment of
29 other best usage;
30 (14) Polychlorinated biphenyls: (total of all PCBs and congeners identified) 0.001 ug/I;
31 (x(15) Radioactive substances:
32 OW Combined radium-226 and radium-228: The maximum average annual activity level
33 (based on at least four samples, collected quarterly) for combined radium-226, and
34 radium-228 shall not exceed five picoCuries per liter;
35 ERN Alpha Emitters. The average annual gross alpha particle activity(including radium-226,
36 but excluding radon and uranium)shall not exceed 15 picoCuries per liter;
3

A39
1 ) Beta Emitters. The maximum average annual activity level (based on at least four
2 samples,collected quarterly)for strontium-90 shall not exceed eight picoCuries per liter;
3 nor shall the average annual gross beta particle activity (excluding potassium-40 and
4 other naturally occurring radio-nuclides) exceed 50 picoCuries per liter; nor shall the
5 maximum average annual activity level for tritium exceed 20,000 picoCuries per liter;
6 (j• ) Salinity: changes in salinity due to hydrological modifications shall not result in removal of the
7 functions of a PNA. Projects that are determined by the Director to result in modifications of
8 salinity such that functions of a PNA are impaired will be required to employ water management
9 practices to mitigate salinity impacts;
10 17 Temperature: shall not be increased above the natural water temperature by more than 0.8 degrees
11 C(1.44 degrees F)during the months of June,July,and August nor more than 2.2 degrees C(3.96
12 degrees F)during other months and in no cases to exceed 32 degrees C(89.6 degrees F)due to the
13 discharge of heated liquids;
14 (18) Trialkyltin compounds: 0.007 ugh expressed as tributyltin;
15 19 Turbidity: the turbidity in the receiving water shall not exceed 25 NTU; if turbidity exceeds this
16 level due to natural background conditions, the existing turbidity level shall not be increased.
17 Compliance with this turbidity standard can be met when land management activities employ Best
18 Management Practices (BMPs) [as defined by Rule .0202 of this Section] recommended by the
19 Designated Nonpoint Source Agency(as defined by Rule.0202 of this Section). BMPs must be in
20 full compliance with all specifications governing the proper design, installation, operation and
21 maintenance of such BMPs;
22 : ... __ . _ _. _ . .. '
23 : ..__ .. ... _ ' _ ... •
... _ •.
24 ;
25
26
27 =
28 . . .. . ..
29 a...
30 _. • _. - •• ' • -- • - _
31 " _ _.. - -'... __ : _. : •-_ . ...
•
32
33 • _ • .
34 - -- .. . e' ._.. • . • ..
35 :-••: -:_ _ • _ '.. .. _ : ' :• •• :• .:
•
36 • , ..
37 tratnslators;
4

A40
1 (ii) Chromium total. 20.g ;
2 (iv) Cyanide: 1.0 ug/1;
3 (v) Mercury: 0.025 ug/I;
5 _ - _• •- - : .. .
6 - -- '
7
8
9 • •_ ; . - - . _ . .. •- .. ... . - • ._ . -
10
11 .. . _ - .. . .. • . _ ... _ .: . • -
12
13 •_ :: •::: : - " e... _... .., . - -
14 .. . _. • . - • . . ' . - ' - •- _ .
15 " . • .. • . .. . _ .'. .. __ : _. : . ... _-.. •_-
•
16 _ -• . - . !' •: _ ' - " ... -- •- -• ' : -• • ' -
17 . _- _ ., .. -• • • . _. . -• •
-
18 !•
20
21 tanslater ;
22 (viii) Pc ticidc :
23 (A) Aldrin: 0.003 ug/I;
24 ,
25 (C) DDT: 0.001 ug/1;
26 (D) Demeton: 0.1 ug/1;
27 (E) Dieldrin: 0.002 ug/I;
28 (F) Endosulfan: 0.009 ug/l;
29 (G) Endrin: 0.002 ug/l;
30 (H) Guthion: 0.01 ug/I;
31 (I) Heptachlor: 0.004-ug/1;
32 >
33 ;
34 (L) Mirex: 0.001 ug/l;
35 ;
36 (N) Toxaphene: 0.0002 ug/l;
5

\1001
A41
•
1 _ • .. _. ' _ . . .. - - - -• Let
2 ug1•l;
3 (x) Selenium: 71 ug/l;
4 . - • .. . , ., .. .
5 (- 1 Action Levels for Toxic Substeuees÷Substances Applicable to NPDES Permits:
6 (a) CeppeffCopper.dissolved,chronic: 3 ug/1;3.1 ug/1;
7 (b) Silver Silver,dissolved,chronic: 0.1 ug/I;
8 (c) Zine:Zinc,dissolved,chronic: 86-ug1 81 ug/I
9 If the chronic Action Levels for any of the substances listed in this Subparagraph (which are
10 generally not bioaccumulative and have variable toxicity to aquatic life because of chemical form,
11 solubility, stream characteristics or associated waste characteristics)are determined by the waste
12 load allocation to be exceeded in a receiving water by a discharge under the speei€ed-lew7Q10
13 flow criterion for toxic .. •• -- • • .• ' •- •• --- •.• , ubstances.,the discharger shall be
14 required to monitor the chemical or biological effects of the discharge;efforts shall be made by all
15 dischargers to reduce or eliminate these substances from their effluents. Those substances for
16 which Action Levels are listed in this Subparagraph teayshall be limited as appropriate in the
17 NPDES permit if sufficient information (to be determined for metals by measurements of that
18 portion of the dissolved instream concentration of the Action Level parameter attributable to a
19 specific NPDES permitted discharge) exists to indicate that any of those substances may be a
20 causative factor resulting in toxicity of the effluent.
21 ... .. _ _. .. . _
22 - . .. • • .• • _ • - :• : " e.. •• . ... ... .
•
23 " . .. -• _. _ - - •• ' • .. -• • •- _ . . " -
24 :. _ .'... ._ ••_ . -•• ..•••• :-- . !'
25 •:-" :.: ' - _ !!
26
27
28
29
30 History Note: Authority G.S. 143-214.1; 143-215.3(a)(1);
31 Eff October 1, 1995;
32 Amended Eff XXX: May 1, 2007;August 1, 2000.
33
6