Tenn. Comp. R. & Regs. 0400-40-03-.03

Current through May 9, 2024

Section 0400-40-03-.03 - CRITERIA FOR WATER USES

(1) The criteria for the use of Domestic Water Supply are the following.

(a) Dissolved Oxygen - There shall always be sufficient dissolved oxygen present to prevent odors of decomposition and other offensive conditions.

(b) pH - The pH value shall lie within the range of 6.0 to 9.0 and shall not fluctuate more than 1.0 unit in this range over a period of 24 hours.

(c) Hardness or Mineral Compounds - The hardness of, or the mineral compounds contained in, the water shall not appreciably impair the usefulness of the water as a source of domestic water supply.

(d) Total Dissolved Solids - The total dissolved solids shall at no time exceed 500 mg/l.

(e) Solids, Floating Materials, and Deposits - There shall be no distinctly visible solids, scum, foam, oily slick, or the formation of slimes, bottom deposits, or sludge banks of such size or character as may impair the usefulness of the water as a source of domestic water supply.

(f) Turbidity or Color - There shall be no turbidity or color in amounts or characteristics that cannot be reduced to acceptable concentrations by conventional water treatment processes (See definition).

(g) Temperature - The maximum water temperature change shall not exceed 3°C relative to an upstream control point. The temperature of the water shall not exceed 30.5°C and the maximum rate of change shall not exceed 2°C per hour. The temperature of impoundments where stratification occurs will be measured at a depth of five feet or mid-depth, whichever is less, and the temperature in flowing streams shall be measured at mid-depth.

(h) Coliform - The concentration of the E. coli group shall not exceed 630 colony forming units (cfu) per 100 ml as a geometric mean based on a minimum of five samples collected from a given sampling site over a period of not more than 30 consecutive days with individual samples being collected at intervals of not less than 12 hours. For the purpose of determining the geometric mean, individual samples having an E. coli group concentration of less than 1 cfu per 100 ml shall be considered as having a concentration of 1 cfu per 100 ml.

(i) Taste or Odor - The waters shall not contain substances that will result in taste or odor that prevent the production of potable water by conventional water treatment processes.

(j) Toxic Substances - The waters shall not contain toxic substances, whether alone or in combination with other substances, that will produce toxic conditions that materially affect the health and safety of man or animals, or impair the safety of conventionally treated water supplies. Available references include, but are not limited to: Quality Criteria for Water ( Section 304(a) of Public Law 92-500 as amended); Federal Regulations under Section 307 of Public Law 92-500as amended; and Federal Regulations under Section 1412 of the Public Health Service Act as amended by the Safe Drinking Water Act, (Public Law 93-523). In addition, the following numeric criteria are for the protection of domestic water supply:

Compound	Criteria (µg/L)	Compound	Criteria (µg/L)
Antimony	6	Diquat	20
Arsenic	10	Endothall	100
Beryllium	4	Glyphosate	700
Barium	2000	Hexachlorobenzene	1
Cadmium	5	Hexachlorocyclopentadiene	50
Chromium, total	100	Oxamyl (Vydate)	200
Lead	5	Picloram	500
Cyanide (as free cyanide)	200	Simazine	4
Mercury	2	2,3,7,8 TCDD (Dioxin)	0.00003
Nickel	100	Benzene	5
Selenium	50	Carbon tetrachloride	5
Thallium	2	1,2-Dichloroethane	5
Alachlor	2	1,1-Dichloroethylene	7
Atrazine	3	1,1,1-Trichloroethane	200
Carbofuran	40	Trichloroethylene	5
Chlordane	2	Vinyl chloride	2
Dibromo chloropropane	0.2	para-Dichlorobenzene	75
2,4 Dichlorophenoxyacetic Acid	70	cis 1,2-Dichloroethylene	70
Ethylene dibromide	0.05	1,2-Dichloropropane	5
Heptachlor	0.4	Ethyl benzene	700
Heptachlor epoxide	0.2	Monochlorobenzene	100
Lindane	0.2	ortho-Dichlorobenzene	600
Methoxychlor	40	Styrene	100
Polychlorinated biphenyls	0.5	Tetrachloroethylene	5
2,4,5 Trichloropheno-	Toluene	1000
xyprioponic acid	50	trans 1,2-Dichloroethylene	100
Pentachlorophenol	1	Xylenes, total	10000
Benzo(a)pyrene	0.2	Dichloromethane	5
Chlorobenzene	100	1,2,4-Trichlorobenzene	70
Dalapon	200	1,1,2-Trichloroethane	5
Di(2-ethylhexyl) adipate	400	Endrin	2.0
Di(2-ethylhexyl) phthalate	6	Toxaphene	3
Dinoseb	7	Nitrate	10000
		Nitrite	1000

(k) Other Pollutants - The waters shall not contain other pollutants in quantities that may be detrimental to public health or impair the usefulness of the water as a source of domestic water supply.

(2) The criteria for the use of Industrial Water Supply are the following.

(a) Dissolved Oxygen - There shall always be sufficient dissolved oxygen present to prevent odors of decomposition and other offensive conditions.

(b) pH - The pH value shall lie within the range of 6.0 to 9.0 and shall not fluctuate more than 1.0 unit in this range over a period of 24 hours.

(c) Hardness or Mineral Compounds - The hardness of, or the mineral compounds contained in, the water shall not appreciably impair the usefulness of the water as a source of industrial water supply.

(d) Total Dissolved Solids - The total dissolved solids shall at no time exceed 500 mg/l.

(f) Turbidity or Color - There shall be no turbidity or color in amounts or characteristics that cannot be reduced to acceptable concentrations by conventional water treatment processes.

(h) Taste or Odor - The waters shall not contain substances that will result in taste or odor that would prevent the use of the water for industrial processing.

(i) Toxic Substances - The waters shall not contain toxic substances whether alone or in combination with other substances, that will adversely affect industrial processing.

(j) Other Pollutants - The waters shall not contain other pollutants in quantities that may adversely affect the water for industrial processing.

(3) The criteria for the use of Fish and Aquatic Life are the following.

(a) Dissolved Oxygen - The dissolved oxygen shall not be less than 5.0 mg/l with the following exceptions.

1. In streams identified as trout streams, including tailwaters, dissolved oxygen shall not be less than 6.0 mg/L.

2. The dissolved oxygen concentration of trout waters identified as supporting a naturally reproducing population shall not be less than 8.0 mg/L. (Tributaries to trout streams or naturally reproducing trout streams should be considered to be trout streams or naturally reproducing trout streams, unless demonstrated otherwise. Additionally, all streams within the Great Smoky Mountains National Park should be considered naturally reproducing trout streams.)

3. In wadeable streams in subecoregion 73a, dissolved oxygen levels shall not be less than a daily average of 5.0 mg/L with a minimum dissolved oxygen level of 4.0 mg/L.

4. The dissolved oxygen level of streams in ecoregion 66 (Blue Ridge Mountains) not identified as naturally reproducing trout streams shall not be less than 7.0 mg/L.

Substantial and/or frequent variations in dissolved oxygen levels, including diel fluctuations, are undesirable if caused by man-induced conditions. Diel fluctuations in wadeable streams shall not be substantially different than the fluctuations noted in reference streams in that region.

In lakes and reservoirs, the dissolved oxygen concentrations shall be measured at mid-depth in waters having a total depth of 10 feet or less, and at a depth of five feet in waters having a total depth of greater than 10 feet and shall not be less than 5.0 mg/L.

(b) pH - The pH value shall not fluctuate more than 1.0 unit over a period of 24 hours and shall not be outside the following ranges: 6.0 - 9.0 in wadeable streams and 6.5 - 9.0 in larger rivers, lakes, reservoirs, and wetlands.

(c) Solids, Floating Materials, and Deposits - There shall be no distinctly visible solids, scum, foam, oily slick, or the formation of slimes, bottom deposits, or sludge banks of such size or character that may be detrimental to fish and aquatic life.

(d) Turbidity, Total Suspended Solids, or Color - There shall be no turbidity, total suspended solids, or color in such amounts or of such character that will materially affect fish and aquatic life. In wadeable streams, suspended solid levels over time should not be substantially different than conditions found in reference streams.

(e) Temperature - The maximum water temperature change shall not exceed 3°C relative to an upstream control point. The temperature of the water shall not exceed 30.5°C and the maximum rate of change shall not exceed 2°C per hour. The temperature of recognized trout waters shall not exceed 20°C. There shall be no abnormal temperature changes that may affect aquatic life unless caused by natural conditions. The temperature in flowing streams shall be measured at mid-depth.

The temperature of impoundments where stratification occurs will be measured at mid-depth in the epilimnion (see definition in Rule 0400-40-03-.04) for warm water fisheries and mid-depth in the hypolimnion (see definition in Rule 0400-40-03-.04) for cold water fisheries. In the case of large impoundments (100 acres or larger) subject to stratification and recognized as trout waters, the temperature of the hypolimnion shall not exceed 20°C.

A successful demonstration as determined by the Department conducted for thermal discharge limitations under Section 316(a) of the Clean Water Act (33 U.S.C. § 1326) shall constitute compliance with this paragraph.

(f) Taste or Odor - The waters shall not contain substances that will impart unpalatable flavor to fish or result in noticeable offensive odors in the vicinity of the water or otherwise interfere with fish or aquatic life. References include, but are not limited toQuality Criteria for Water ( section 304(a) of Public Law 92-500as amended).

(g) Toxic Substances - The waters shall not contain substances or a combination of substances including disease-causing agents which, by way of either direct exposure or indirect exposure through food chains, may cause death, disease, behavioral abnormalities, cancer, genetic mutations, physiological malfunctions (including malfunctions in reproduction), physical deformations, or restrict or impair growth in fish or aquatic life or their offspring. References on this subject include, but are not limited to: Quality Criteria for Water ( Section 304(a) of Public Law 92-500as amended); Federal Regulations under Section 307 of Public Law 92-500as amended. In addition, the following numeric criteria are for the protection of fish and aquatic life:

Compound	Criterion Maximum Concentration µg/L (CMC)	Criterion Continuous Concentration µg/L (CCC)
Arsenic (III) ¹	340	150
Chloride	860000	230000
Cadmium ²	1.8	0.72
Chromium, III ²	570	74
Chromium, VI ¹	16	11
Copper ²	13	9.0
Lead ²	65	2.5
Mercury ¹ (b)	1.4	0.77
Nickel ²	470	52
Selenium (lentic)	20	1.5 ³
Selenium (lotic)	20	3.1 ³
Silver ²	3.2	---
Zinc ²	120	120
Cyanide ⁴	22	5.2
Chlorine (TRC)	19	11
Pentachlorophenol ⁵	19	15
Acrolein	3.0	3.0
Aldrin	3.0	---
g-BHC - Lindane (b)	0.95	---
Carbaryl	2.1	2.1
Chlordane (b)	2.4	0.0043
Chlorpyrifos	0.083	0.041
4-4'-DDT (b)	1.1	0.001
Demeton	---	0.1
Diazinon	0.17	0.17
Dieldrin (b)	0.24	0.056
a-Endosulfan	0.22	0.056
b-Endosulfan	0.22	0.056
Endrin	0.086	0.036
Guthion	----	0.01
Heptachlor	0.52	0.0038
Heptachlor epoxide	0.52	0.0038
Malathion	----	0.1
Methoxyclor	----	0.03
Mirex	----	0.001
Nonylphenol	28.0	6.6
Parathion	0.065	0.013
PCBs, total (b)	---	0.014
Toxaphene (b)	0.73	0.0002
Tributyltin (TBT)	0.46	0.072

(b) Bioaccumulative parameter.

¹ Criteria for these metals are expressed as dissolved.

² Criteria for these metals are expressed as dissolved and are a function of total hardness (mg/L). Hardness-dependent metals criteria may be calculated from the following (values displayed above correspond to a total hardness of 100 mg/l and may have been rounded):

CMC (dissolved) = exp{mA[ln(hardness)]+bA } (CF)

CCC (dissolved) = exp{mC [ln(hardness)]+bC} (CF)

Chemical	MA	bA	MC	BC	Freshwater Conversion Factors (CF)
					CMC	CCC
Cadmium	0.9798	-3.866	0.7977	-3.909	1.136672-[(ln hardness)(0.041838)]	1.101672-[(ln hardness)(0.041838)]
Chromium III	0.8190	3.7256	0.8190	0.6848	0.316	0.860
Copper	0.9422	-1.700	0.8545	-1.702	0.960	0.960
Lead	1.273	-1.460	1.273	-4.705	1.46203-[(ln hardness)(0.145712)]	1.46203-[(ln hardness)(0.145712)]
Nickel	0.8460	2.255	0.8460	0.0584	0.998	0.997
Silver	1.72	-6.59			0.85
Zinc	0.8473	0.884	0.8473	0.884	0.978	0.986

If criteria are hardness-dependent, the Criterion Maximum Concentration (CMC) and Criterion Continuous Concentration (CCC) shall be based on the actual stream hardness. When an ambient hardness of less than 25 mg/L is used to establish criteria for cadmium or lead, the hardness dependent conversion factor (CF) shall not exceed one. When ambient hardness is greater than 400 mg/L, criteria shall be calculated according to one of the following two options:

(1) calculate the criterion using a default Water Effects Ratio (WER) of 1.0 and a hardness of 400 mg/L in the hardness based equation; or

(2) calculate the criterion using a WER and the actual ambient hardness of the surface water in the hardness based equation. For information concerning metals translation and site-specific criteria, see paragraph (9) of Rule 0400-40-03-.02.

³ The numeric water criteria for selenium are applicable for all purposes, but for water quality assessment, fish tissue values may be used to confirm or refute impacts to aquatic life in accordance with and using the values from EPA's Final Criterion: Aquatic Life Ambient Water Quality Criterion for Selenium - Freshwater (June 30, 2016). However, a lack of fish tissue data or the absence of fish from a waterbody will not prevent it from being assessed as impaired if a numeric water concentration criterion is exceeded. Fish tissue concentration alone may be used to establish use impairment.

⁴ If Standard Methods 4500-CN I (Weak Acid Dissociable), 4500-CN G (Cyanides Amenable to Chlorination after Distillation), or OIA-1677 are used, this criterion may be applied as free cyanide.

⁵ Criteria for pentachlorophenol are expressed as a function of pH. Values displayed above correspond to a pH of 7.8 and are calculated as follows:

CMC = exp(1.005(pH) - 4.869) CCC = exp(1.005(pH) - 5.134)

(h) Other Pollutants - The waters shall not contain other pollutants that will be detrimental to fish or aquatic life.

(i) Iron - The waters shall not contain iron at concentrations that cause toxicity or in such amounts that interfere with habitat due to precipitation or bacteria growth.

(j) Ammonia - The concentration of total ammonia nitrogen (in mg N/L) shall not exceed the CMC (acute criterion) calculated using the following equation:

Click to view Image

The 30-day average concentration of total ammonia nitrogen (in mg N/L) shall not exceed the CCC (chronic criterion) calculated using the following equation:

Click to view Image

In addition, the highest four-day average within the 30-day period shall not exceed 2.5 times the CCC.

(k) Nutrients - The waters shall not contain nutrients in concentrations that stimulate aquatic plant and/or algae growth to the extent that aquatic habitat is substantially reduced and/or the biological integrity fails to meet regional goals. Additionally, the quality of downstream waters shall not be detrimentally affected. Examples of parameters associated with the criterion include but are not limited to: nitrogen, phosphorus, potassium, calcium, magnesium, and various forms of each.

Interpretation of this provision may be made using the 2001 document Development of Regionally-based Interpretations of Tennessee's Narrative Nutrient Criterion and/or other scientifically defensible methods.

(l) Coliform - The concentration of the E. coli group shall not exceed 630 cfu per 100 ml as a geometric mean based on a minimum of five samples collected from a given sampling site over a period of not more than 30 consecutive days with individual samples being collected at intervals of not less than 12 hours. For the purposes of determining the geometric mean, individual samples having an E. coli group concentration of less than 1 cfu per 100 ml shall be considered as having a concentration of 1 cfu per 100 ml. In addition, the concentration of the E. coli group in any individual sample shall not exceed 2,880 cfu per 100 ml.

(m) Biological Integrity - The waters shall not be modified through the addition of pollutants or through physical alteration to the extent that the diversity and/or productivity of aquatic biota within the receiving waters are substantially decreased or, in the case of wadeable streams, substantially different from conditions in reference streams in the same ecoregion. The parameters associated with this criterion are the aquatic biota measured. These are response variables.

Interpretation of this provision for any stream that (a) has at least 80% of the upstream catchment area contained within a single bioregion and (b) is of the appropriate stream order specified for the bioregion and (c) contains the habitat (riffle or rooted bank) specified for the bioregion, may be made using protocols found in the Department's 2021 Quality System Standard Operating Procedure for Macroinvertebrate Stream Surveys and/or other scientifically defensible methods.

Interpretation of this provision for all other wadeable streams, lakes, and reservoirs may be made using Rapid Bioassessment Protocols for Use in Wadeable Streams and Rivers (EPA/841-B-99-002) or Lake and Reservoir Bioassessment and Biocriteria (EPA 841-B-98-007), and/or other scientifically defensible methods. Interpretation of this provision for wetlands or large rivers may be made using scientifically defensible methods. Effects to biological populations will be measured by comparisons to upstream conditions or to appropriately selected reference sites in the same bioregion if upstream conditions are determined to be degraded.

(n) Habitat - The quality of stream habitat shall provide for the development of a diverse aquatic community that meets regionally-based biological integrity goals. Examples of parameters associated with this criterion include but are not limited to: sediment deposition, embeddedness of riffles, velocity/depth regime, bank stability, and vegetative protection. Types of activities or conditions that can cause habitat loss include, but are not limited to: channel and substrate alterations, rock and gravel removal, stream flow changes, accumulation of silt, precipitation of metals, and removal of riparian vegetation. For wadeable streams, the in stream habitat within each subecoregion shall be generally similar to that found at reference streams. However, streams shall not be assessed as impacted by habitat loss if it has been demonstrated that the biological integrity goal has been met.

(o) Flow - Stream or other waterbody flows shall support the fish and aquatic life criteria.

(4) The criteria for the use of Recreation are the following.

(a) Dissolved Oxygen - There shall always be sufficient dissolved oxygen present to prevent odors of decomposition and other offensive conditions.

(b) pH - The pH value shall lie within the range of 6.0 to 9.0 and shall not fluctuate more than 1.0 unit in this range over a period of 24 hours.

(d) Total Suspended Solids, Turbidity, or Color - There shall be no total suspended solids, turbidity or color in such amounts or character that will result in any objectionable appearance to the water, considering the nature and location of the water.

(e) Temperature - The maximum water temperature change shall not exceed 3°C relative to an upstream control point. The temperature of the water shall not exceed 30.5°C and the maximum rate of change shall not exceed 2°C per hour. The temperature of impoundments where stratification occurs will be measured at a depth of five feet, or mid-depth whichever is less, and the temperature in flowing streams shall be measured at mid-depth.

(f) Coliform - The concentration of the E. coli group shall not exceed 126 cfu per 100 ml, as a geometric mean based on a minimum of five samples collected from a given sampling site over a period of not more than 30 consecutive days with individual samples being collected at intervals of not less than 12 hours. For the purposes of determining the geometric mean, individual samples having an E. coli concentration of less than 1 cfu per 100 ml shall be considered as having a concentration of 1 cfu per 100 ml.

Additionally, the concentration of the E. coli group in any individual sample shall not exceed 410 cfu per 100 ml more often than in 10% of samples during any 30-day interval.

(g) Taste or Odor - The waters shall not contain substances that will result in objectionable taste or odor.

(h) Nutrients - The waters shall not contain nutrients in concentrations that stimulate aquatic plant and/or algae growth to the extent that the public's recreational uses of the waterbody or other downstream waters are detrimentally affected. Unless demonstrated otherwise, the nutrient criteria found in subparagraph (3)(k) of this rule will be considered adequately protective of this use.

(i) Nutrient Response Criteria for Pickwick Reservoir: those waters impounded by Pickwick Dam on the Tennessee River. The reservoir has a surface area of 43,100 acres at full pool, 9,400 acres of which are within Tennessee. Chlorophyll a (corrected, as described in Standard Methods for the Examination of Water and Wastewater, 20^th Edition, 1998): the mean of the photic-zone (See definition) composite chlorophyll a samples collected monthly April through September shall not exceed 18 µg/L, as measured over the deepest point, main river channel, dam forebay.

(j) Toxic Substances - The waters shall not contain toxic substances, whether alone or in combination with other substances, that will render the waters unsafe or unsuitable for water contact activities including the capture and subsequent consumption of fish and shellfish, or may result in toxic conditions that will adversely affect man, animal, aquatic life, or wildlife. Human health criteria have been derived to protect the consumer from consumption of contaminated fish and water. The water and organisms criteria should only be applied to those waters classified for both recreation and domestic water supply. In addition, the following numeric criteria are for the protection of recreation:

Compound	Water & Organisms Criteria ¹ (µg/L)	Organisms Only Criteria (µg/L)
INORGANICS
Antimony	5.6	640
Arsenic (c)	10.0	10.0
Mercury (b)	0.05	0.051
Nickel	610	4600
Thallium	0.24	0.47
Cyanide	140	140
Selenium	170	4200
Zinc	7400	26000
Dioxin ² (b)	0.000001	0.000001
VOLATILES
Acrolein	6	9
Acrylonitrile (c)	0.51	2.5
Benzene (c)	22	510
Bromoform (c)	43	1400
Carbon tetrachloride (c)	2.3	16
Chlorobenzene	130	1600
Chlorodibromomethane (c)	4.0	130
Chloroform (c)	57	4700
Dichlorobromomethane (c)	5.5	170
1,2-Dichloroethane (c)	3.8	370
1,1-Dichloroethylene	330	7100
1,2-Dichloropropane (c)	5.0	150
1,3-Dichloropropene (c)	3.4	210
Ethylbenzene	530	2100
Methyl bromide	47	1500
Methylene chloride (c)	46	5900
1,1,2,2-Tetrachloroethane (c)	1.7	40
Tetrachloroethylene (c)	6.9	33
Toluene	1300	15000
1,2-Trans-Dichloroethylene	140	10000
1,1,2-Trichloroethane (c)	5.9	160
Trichloroethylene (c)	25	300
Vinyl chloride (c)	0.25	24
ACID EXTRACTABLES
2-Chlorophenol	81	150
2,4-Dichlorophenol	77	290
2,4-Dimethylphenol	380	850
2-Methyl-4,6-dinitrophenol	13	280
Dinitrophenols	69	5300
Pentachlorophenol (c) (pH)	2.7	30
Phenol	10000	860000
2,4,6-Trichlorophenol (c)	14	24
BASE NEUTRALS
Acenaphthene	670	990
Anthracene	8300	40000
Benzidine (c)	0.00086	0.0020
Benzo(a)anthracene (c)	0.038	0.18
Benzo(a)pyrene (c)	0.038	0.18
Benzo(b)fluoranthene (c)	0.038	0.18
Benzo(k)fluoranthene (c)	0.038	0.18
Bis(2-Chlorethyl)ether (c)	0.30	5.3
Bis(2-Chloro-isopropyl)ether	1400	65000
Bis(2-Ethylhexyl)phthalate (c)	12	22
Bis(Chloromethyl)ether (c)	0.0010	0.0029
Butylbenzyl Phthalate (c)	1500	1900
2-Chloronaphthalene	1000	1600
Chrysene (c)	0.038	0.18
Dibenz(a,h)Anthracene (c)	0.038	0.18
1,2-Dichlorobenzene	420	1300
1,3-Dichlorobenzene	320	960
1,4-Dichlorobenzene	63	190
3,3-Dichlorobenzidine (c)	0.21	0.28
Diethyl phthalate	17000	44000
Dimethyl phthalate	270000	1100000
Di-n-butyl phthalate	2000	4500
2,4-Dinitrotoluene (c)	1.1	34
1,2-Diphenylhydrazine (c)	0.36	2.0
Fluoranthene	130	140
Fluorene	1100	5300
Hexachlorobenzene (b)(c)	0.0028	0.0029
Hexachlorobutadiene (b)(c)	4.4	180
Hexachlorocyclohexane-	0.123	0.414
Technical (b)(c)
Hexachlorocyclopentadiene	40	1100
Hexachloroethane (c)	14	33
Ideno(1,2,3-cd)Pyrene (c)	0.038	0.18
Isophorone (c)	350	9600
Nitrobenzene	17	690
Nitrosamines	0.0008	1.24
Nitrosodibutylamine (c)	0.063	2.2
Nitrosodiethylamine (c)	0.008	12.4
Nitrosopyrrolidine (c)	0.16	340
N-Nitrosodimethylamine (c)	0.0069	30
N-Nitrosodi-n-Propylamine (c)	0.05	5.1
N-Nitrosodiphenylamine (c)	33	60
Pyrene	830	4000
Pentachlorobenzene (b)	1.4	1.5
1,2,4,5-Tetrachlorobenzene (b)	0.97	1.1
1,2,4-Trichlorobenzene	35	70
2,4,5-Trichlorophenol	1800	3600
PESTICIDES
Aldrin (c)	0.00049	0.00050
a-BHC (c)	0.026	0.049
b-BHC (c)	0.091	0.17
g-BHC - Lindane (b)	0.98	1.8
Chlordane (b)(c)	0.0080	0.0081
4-4'-DDT (b)(c)	0.0022	0.0022
4,4'-DDE (b)(c)	0.0022	0.0022
4,4'-DDD (b)(c)	0.0031	0.0031
Dieldrin (b)(c)	0.00052	0.00054
a-Endosulfan	62	89
b-Endosulfan	62	89
Endosulfan Sulfate	62	89
Endrin	0.059	0.06
Endrin Aldehyde	0.29	0.30
Heptachlor (c)	0.00079	0.00079
Heptachlor epoxide (c)	0.00039	0.00039
PCB, total (b)(c)	0.00064	0.00064
Toxaphene (b)(c)	0.0028	0.0028

(b) Bioaccumulative parameter.

(c) Carcinogenic pollutant. 10^-5 risk level is used for all carcinogenic pollutants.

¹ These criteria are for protection of public health due to consumption of water and organisms and should only be applied to these waters designated for both recreation and domestic water supply.

² Total dioxin is the sum of the concentrations of all dioxin and dibenzofuran isomers after multiplication by Toxic Equivalent Factors (TEFs). Following are the TEFs currently recommended by EPA (subject to revision):

DIOXIN ISOMERS	TEF	FURAN ISOMERS	TEF

Mono-, Di-, & TriCDDs	0.0	Mono-, Di-, & TriCDFs	0.0

2,3,7,8 TCDD	1.0	2,3,7,8 TCDF	0.1
Other TCDDs	0.0	Other TCDFs	0.0

1,2,3,7,8 PeCDD	1.0	1,2,3,7,8 PeCDF	0.03
Other PeCDDs	0.0	2,3,4,7,8 PeCDF	0.3
		Other PeCDFs	0.0

1,2,3,4,7,8 HxCDD	0.1	1,2,3,4,7,8 HxCDF	0.1
1,2,3,6,7,8 HxCDD	0.1	1,2,3,6,7,8 HxCDF	0.1
1,2,3,7,8,9 HxCDD	0.1	1,2,3,7,8,9 HxCDF	0.1
Other HxCDDs	0.0	2,3,4,6,7,8 HxCDF	0.1
		Other HxCDFs	0.0

1,2,3,4,6,7,8 HpCDD	0.01	1,2,3,4,6,7,8 HpCDF	0.01
		1,2,3,4,7,8,9 HpCDF	0.01
Other HpCDDs	0.0	Other HpCDFs	0.0

OCDD	0.0003	OCDF	0.0003

(k) Other Pollutants - The waters shall not contain other pollutants in quantities that may have a detrimental effect on recreation.

(l) Fish Consumption Advisories - A public fishing advisory will be considered when the calculated risk of additional cancers exceeds 10^-4 for typical consumers or 10^-5 for atypical consumers (See definition). A "do not consume" advisory will be issued for the protection of typical consumers and a "precautionary advisory" will be issued for the protection of atypical consumers. The following formula will be used to calculate the risk of additional cancers, using the current risk calculation factors and assumptions used by EPA unless better site-specific information is available:

R = qE where:

R= Plausible-upper-limit risk of cancer associated with a chemical in a fisheries species for a human subpopulation.

q = Carcinogenic Potency Factor for the chemical (mg kg-1 day-1)-1 estimated as the upper 95% confidence limit of the slope of a linear dose-response curve. Scientifically defensible Potency Factors will be used.

E = Exposure dose of the chemical (mg kg-1 day-1) from the fish species for the human subpopulation in the area. E is calculated by the following formula:

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C = Concentration of the chemical (mg/kg) in the edible portion of the species in the area. The average levels from multiple fillet samples of the same species will be used. Catfish will be analyzed skin-off with the belly flap included in the sample. Gamefish and carp will be analyzed skin-on with the belly flap included in the sample. Sizes of fish collected for analysis will represent the ranges of sizes likely to be collected and consumed by the public. References on this subject include, but are not limited to: EPA's Guidance for Assessing Chemical Contaminant Data for use in Fish Advisories.

I = Mean daily consumption rate (g/day averaged over 70-year lifetime) of the fish species by the human subpopulation in the area.

X = Relative absorption coefficient, or the ratio of human absorption efficiency to test animal absorption efficiency of the chemical.

W = Average human mass (kg).

For substances for which the public health concern is based on toxicity, a "do not consume" advisory will be considered warranted when average levels of the substance in the edible portion of fish exceed U.S. Food and Drug Administration (FDA) Action Levels or EPA national criteria. Based on the rationale used by FDA or EPA for their levels, the Commissioner may issue precautionary advisories at levels appropriate to protect sensitive populations.

(m) Flow - Stream flows shall support recreational uses.

(5) The criteria for the use of Irrigation are the following.

(a) Dissolved Oxygen - There shall always be sufficient dissolved oxygen present to prevent odors of decomposition and other offensive conditions.

(b) pH - The pH value shall lie within the range of 6.0 to 9.0 and shall not fluctuate more than 1.0 unit in this range over a period of 24 hours.

(c) Hardness or Mineral Compounds - The hardness of or the mineral compounds contained in the water shall not impair its use for irrigation.

(d) Solids, Floating Materials, and Deposits - There shall be no distinctly visible solids, scum, foam, oily slick, or the formation of slimes, bottom deposits, or sludge banks of such size or character as may impair the usefulness of the water for irrigation purposes.

(e) Temperature - The temperature of the water shall not interfere with its use for irrigation purposes.

(f) Toxic Substances - The waters shall not contain toxic substances whether alone or in combination with other substances that will produce toxic conditions that adversely affect the quality of the waters for irrigation.

(g) Other Pollutants - The waters shall not contain other pollutants in quantities that may be detrimental to the waters used for irrigation.

(6) The criteria for the use of Livestock Watering and Wildlife are the following.

(a) Dissolved Oxygen - There shall always be sufficient dissolved oxygen present to prevent odors of decomposition and other offensive conditions.

(b) pH - The pH value shall lie within the range of 6.0 to 9.0 and shall not fluctuate more than 1.0 unit in this range over a period of 24 hours.

(c) Hardness or Mineral Compounds - The hardness of or the mineral compounds contained in the water shall not impair its use for livestock watering and wildlife.

(e) Temperature - The temperature of the water shall not interfere with its use for livestock watering and wildlife.

(f) Toxic Substances - The waters shall not contain substances whether alone or in combination with other substances, that will produce toxic conditions that adversely affect the quality of the waters for livestock watering and wildlife.

(g) Other Pollutants - The waters shall not contain other pollutants in quantities that may be detrimental to the water for livestock watering and wildlife.

(7) The criteria for the use of Navigation are the following.

(a) Solids, Floating Materials, and Deposits - There shall be no distinctly visible solids, scum, foam, oily slick, or the formation of slimes, bottom deposits, or sludge banks of such size or character as to interfere with navigation.

(b) Other Pollutants - The waters shall not contain other pollutants in quantities that may be detrimental to the waters used for navigation.

Tenn. Comp. R. & Regs. 0400-40-03-.03

Original rule filed September 17, 2013; effective December 16, 2013. Rule originally numbered 1200-04-03. Amendments filed June 13, 2019; effective September 11, 2019. Amendments filed December 18, 2023; effective 3/17/2024.

Authority: T.C.A. §§ 4-5-201, et seq., and 69-3-101, et seq.