Haw. Code R. § 11-54-6

Current through November, 2024

Section 11-54-6 - Uses and specific criteria applicable to marine waters

(a) Embayments.

(1) As used in this subsection: "Embayments" means land-confined and physically-protected marine waters with restricted openings to open coastal waters, defined by the ratio of total bay volume to the cross-sectional entrance area of seven hundred to one or greater.

"Total bay volume" is measured in cubic meters and "cross-sectional entrance area" is measured in square meters, and both are determined at mean lower low water.

(2) Water areas to be protected.

(A) Class AA.

(i) Waters are listed in Appendix B dated July 1, 2014, entitled "Class AA, Marine Waters and Embayments", located at the end of this chapter.

(ii) All embayments in preserves, reserves, sanctuaries, and refuges established by the department of land and natural resources under chapter 195 or chapter 190, HRS, as listed in Appendix B dated July 1, 2014, entitled "Class AA, Marine Waters and Embayments", located at the end of this chapter, or similar reserves for the protection of marine life established under chapter 190, HRS as listed in Appendix B dated July 1, 2014, entitled "Class AA, Marine Waters and Embayments", located at the end of this chapter.

(iii) All waters in state or federal fish and wildlife refuges and marine sanctuaries as listed in Appendix B dated July 1, 2014, entitled "Class AA, Marine Waters and Embayments", located at the end of this chapter.

(iv) All waters which have been officially identified as a unique or critical habitat for threatened or endangered species by the U.S. Fish and Wildlife Service as listed in Appendix B dated July 1, 2014, entitled "Class AA, Marine Waters and Embayments", located at the end of this chapter.

(B) Class A.

Waters are listed in Appendix C dated July 1, 2014, entitled "Class A, Marine Waters and Embayments", located at the end of this chapter.

(3) The following criteria are specific for all embayments excluding those described in subsection (d). (Note that criteria for embayments differ based on fresh water inflow.)

Parameter	Geometric mean not to exceed the given value	Not to exceed the given value more than ten per cent of the time	Not to Exceed the given value more than Two per cent of The time
Total Nitrogen	200,00*	350.00*	500.00*
(µg N/L)	150.00**	250.00**	350.00**
Ammonia Nitrogen	6.00*	13.00*	20.00*
(µg NH"-N/L)	3.50**	8.50**	15.00**
Nitrate + Nitrite	8.00*	20.00*	35.00*
Nitrogen	5.00**	14.00**	25.00**
[µg [N0₃+N0₂]-N/L)
Total Phosphorus	25.00*	50.00*	75.00*
(µg P/L)	20.00**	40.00**	60.00**
Chlorophyll a	1.50*	4.50*	8.50*
µg/L)	0.50**	1.50**	3.00**
Turbidity	1.5*	3.00*	5.00*
(N.T.U.)	0.40**	1.00**	1.50**

* "Wet" criteria apply when the average fresh water inflow from the land equals or exceeds one per cent of the embayment volume per day.

** "Dry" criteria apply when the average fresh water inflow from the land is less than one per cent of the embayment volume per day.

Applicable to both "wet" and "dry" conditions: pH Units - shall not deviate more than 0.5 units from a value of 8.1, except at coastal locations where and when freshwater from stream, stormdrain or groundwater discharge may depress the pH to a minimum level of 7.0.

Dissolved Oxygen - Not less than seventy-five per cent saturation, determined as a function of ambient water temperature and salinity.

Temperature - Shall not vary more than one degree Celsius from ambient conditions.

Salinity - Shall not vary more than ten per cent from natural or seasonal changes considering hydrologic input and oceanographic factors.

L = liter

N.T.U. = Nephelometric Turbidity Units. A comparison of the intensity of light scattered by the sample under defined conditions with the intensity of light scattered by a standard reference suspension under the same conditions. The higher the intensity of scattered light, the higher the turbidity.

µg = microgram or 0.000001 grams

(b) Open coastal waters.

(1) As used in this subsection:

"Open coastal waters" means marine waters bounded by the 183 meter or 600 foot (100 fathom) depth contour and the shoreline, excluding bays named in subsection (a).

(2) Water areas to be protected:

(A) Class AA as listed in Appendix D dated July 1, 2014, entitled "Class AA, Open Coastal Waters", located at the end of this chapter.

All open waters in preserves, reserves, sanctuaries, and refuges established by the department of land and natural resources under chapter 195 or chapter 190, HRS as listed in Appendix D dated July 1, 2014, entitled "Class AA, Open Coastal Waters", located at the end of this chapter, or similar reserves for the protection of marine life established under chapter 190, HRS, as amended as listed in Appendix D dated July 1, 2014, entitled "Class AA, Open Coastal Waters", located at the end of this chapter; or in the refuges or sanctuaries established by the U.S. Fish and Wildlife Service or the National Marine Fisheries Service as listed in Appendix D dated July 1, 2014, entitled "Class AA, Open Coastal Waters", located at the end of this chapter.

(B) Class A - All other open coastal waters not otherwise specified.

(3) The following criteria are specific for all open coastal waters, excluding those described in subsection (d). (Note that criteria for open coastal waters differ, based on fresh water discharge.)

Parameter	Geometric mean not to exceed the given value	Not to exceed the given value more than ten per cent of the time	Not to exceed the given value more than two per cent of the time
Total Nitrogen	150.00*	250.00*	350.00*
(µg N/L)	110.00**	180.00**	250.00**
Ammonia Nitrogen	3.50*	8.50*	15.00*
(µg NH₄-N/L)	2.00**	5.00**	9.00**
Nitrate + Nitrite	5.00*	14.00*	25.00*
Nitrogen	3.50**	10.00**	20.00**
(µg [N0₃+N0₂]-N/L)
Total Phosphorus	20.00*	40.00*	60.00*
(µg P/L)	16.00**	30.00**	45.00**
Light Extinction	0.20*	0.50*	0.85*
Coefficient	0.10**	0.30**	0.55**
(k units)
Chlorophyll a	0.30*	0.90*	1.75*
µg/L)	0.15**	0.50**	1.00**
Turbidity	0.50*	1.25*	2.00*
(N.T.U.)	0.20**	0.50**	1.00**

* "Wet" criteria apply when the open coastal waters receive more than three million gallons per day of fresh water discharge per shoreline mile.

** "Dry" criteria apply when the open coastal waters receive less than three million gallons per day of fresh water discharge per shoreline mile.

Dissolved Oxygen - Not less than seventy-five per cent saturation, determined as a function of ambient water temperature and salinity.

Temperature - Shall not vary more than one degree Celsius from ambient conditions.

Salinity - Shall not vary more than ten per cent from natural or seasonal changes considering hydrologic input and oceanographic factors.

k units = the ratio of light measured at the water's surface to light measured at a particular depth.

L = liter

Light Extinction Coefficient is only reguired for dischargers who have obtained a waiver pursuant to section 301(h) of the Federal Water Pollution Control Act of 1972 ( 33 U.S.C. 1251) , as amended, and are required by EPA to monitor it.

µg = microgram or 0.000001 grams

(c) Oceanic waters.

(1) As used in this subsection: "Oceanic waters" means all other marine waters outside of the 183 meter (600 feet or 100 fathom) depth contour.

(2) Water areas to be protected: Class A - All oceanic waters.

(3) The following criteria are specific for oceanic waters:

Parameter	Geometric mean not to exceed the given value	Not to exceed The given value more than ten per cent of the time	Not to exceed the given value more than two per cent of the time.
Total Nitrogen (µg N/L)	50.00	80.00	100.00
Ammonia Nitrogen (µg NH₄-N/L)	1.00	1.75	2.50
Nitrate + Nitrite Nitrogen (µg [N0₃+N0₂]-N/L)	1.50	2.50	3.50
Total Phosphorus (µg P/L)	10.00	18.00	25.00
Chlorophyll a (µg/L)	0.06	0.12	0.20
Turbidity (N.T.U.)	0.03	0.10	0.20

L = liter

µg = microgram or 0.000001 grams

pH Units - shall not deviate more than 0.5 units from a value of 8.1.

Dissolved Oxygen - Not less than seventy-five per cent saturation, determined as a function of ambient water temperature and salinity.

Temperature - shall not vary more than one degree Celsius from ambient conditions. Salinity - Shall not vary more than ten per cent from natural or seasonal changes considering hydrologic input and oceanographic factors.

(d) Area-specific criteria for the Kona (west) coast of the island of Hawaii.

(1) For all marine waters of the island of Hawaii from Loa Point, South Kona District, clockwise to Malae Point, North Kona District, excluding Kawaihae Harbor and Honokohau Harbor, and for all areas from the shoreline at mean lower low water to a distance 1000 m seaward:

(A) In areas where nearshore marine water salinity is greater than 32.00 parts per thousand the following specific criteria apply:

Parameter	Geometric mean not to exceed the given single value
Total Dissolved Nitrogen (µg N/L)	100.00
Nitrate + Nitrite Nitrogen (µg [N0₃+N0₂)-N/L)	4.50
Total Dissolved Phosphorus (µg P/L)	12.50
Phosphate (µg PO,, - P/L)	5.00
Ammonia Nitrogen (µg NH,, - N/L)	2.50
Chlorophyll a (µg/L)	0.30
Turbidity (N.T.U.)	0.10

* Specific criteria for Class A embayments apply to Honokohau Harbor and Kawaihae Harbor, see section ll-54-6(a)(3).

(B) If nearshore marine water salinity is less than or equal to 32.00 parts per thousand the following parameters shall be related to salinity on the basis of a linear least squares regression equation:

Y = MX + B

where:

Y = parameter concentration(in µg/L)

X = salinity (in ppt)

M = regression coefficient (or 'slope")

B = constant (or "Y intercept").

The absolute value of the upper 95 per

cent confidence limit for the

calculated sample regression

coefficient (M) shall not exceed the

absolute value of the following values:

Parameter	M
Nitrate and Nitrite Nitrogen	-31.92
(µg [N03 + N02]-N/L) Total Dissolved Nitrogen (µg N/L)	-40.35
Phosphate (µg P04 - P/L)	-3.22
Total Dissolved Phosphorus (µg P/L)	-2.86

The specific criteria for ammonia nitrogen, chlorophyll a, and turbidity given in clause (i) also apply.

(C) Parameter concentrations shall be determined along a horizontal transect extending seaward from a shoreline sample location using the following method: water samples shall be obtained at distances of 1, 10, 50, 100, and 500 meters from the shoreline sampling location. Samples shall be collected within one meter of the water surface and below the air-water interface. Dissolved nutrient samples shall be filtered through media with particle size retention of 0.7 urn. This sampling protocol shall be replicated not less than three times on different days over a period not to exceed fourteen days during dry weather conditions. The geometric means of sample measurements for corresponding offshore distances shall be used for regression calculations.

pH Units - shall not deviate more than 0.5 units from a value of 8.1, except at coastal locations where and when freshwater from stream, stormdrain or groundwater discharge may depress the pH to a minimum level of 7.0.

Dissolved Oxygen - Not less than seventy-five per cent saturation, determined as a function of ambient water temperature and salinity.

Temperature - Shall not vary more than one degree Celsius from ambient conditions.

Salinity - Shall not vary more than ten per cent from natural or seasonal changes considering hydrologic input and oceanographic factors.

L - liter

N.T.U. - Nephelometric Turbidity Units. A comparison of the intensity of light scattered by the sample under defined conditions with the intensity of light scattered by a standard reference suspension under the same conditions. The higher the intensity of scattered light, the higher the turbidity.

µg - microgram or 0.000001 grams.

Haw. Code R. § 11-54-6

[Eff 11/12/82; am and comp 10/6/84; am and comp 04/14/88; am and comp 01/18/90; am and comp 10/29/92, am and comp 04/17/00; am and comp 10/2/04; comp 06/15/09; comp 10/21/12; am and comp 12/6/13; am and comp 11/15/2014 ] (Auth: HRS §§ 342D-1, 342D-4, 342D-5, Ch. 342E) (Imp: HRS §§ 342D-4, 342D-5, Ch. 342E)