Section 173-201A-210 - [Effective 12/15/2024] Marine water designated uses and criteriaThe following uses are designated for protection in marine surface waters of the state of Washington. Use designations for specific water bodies are listed in WAC 173-201A-612.
(1)Aquatic life uses. Aquatic life uses are designated using the following general categories. It is required that all indigenous fish and nonfish aquatic species be protected in waters of the state.(a)The categories for aquatic life uses are:(i)Extraordinary quality. Water quality of this use class shall markedly and uniformly exceed the requirements for all uses including, but not limited to, salmonid migration and rearing; other fish migration, rearing, and spawning; clam, oyster, and mussel rearing and spawning; crustaceans and other shellfish (crabs, shrimp, crayfish, scallops, etc.) rearing and spawning.(ii)Excellent quality. Water quality of this use class shall meet or exceed the requirements for all uses including, but not limited to, salmonid migration and rearing; other fish migration, rearing, and spawning; clam, oyster, and mussel rearing and spawning; crustaceans and other shellfish (crabs, shrimp, crayfish, scallops, etc.) rearing and spawning.(iii)Good quality. Water quality of this use class shall meet or exceed the requirements for most uses including, but not limited to, salmonid migration and rearing; other fish migration, rearing, and spawning; clam, oyster, and mussel rearing and spawning; crustaceans and other shellfish (crabs, shrimp, crayfish, scallops, etc.) rearing and spawning.(iv)Fair quality. Water quality of this use class shall meet or exceed the requirements for selected and essential uses including, but not limited to, salmonid and other fish migration.(b)General criteria. General criteria that apply to aquatic life marine water uses are described in WAC 173-201A-260 (2)(a) and (b), and are for:(i) Toxic, radioactive, and deleterious materials; and(c)Aquatic life temperature criteria. Except where noted, temperature is measured as a 1-day maximum temperature (1-DMax). Table 210 (1)(c) lists the temperature criteria for each of the aquatic life use categories. Table 210 (1)(c)
Aquatic Life Temperature Criteria in Marine Water
Category | Highest 1-DMax |
Extraordinary quality | 13°C (55.4°F) |
Excellent quality | 16°C (60.8°F) |
Good quality | 19°C (66.2°F) |
Fair quality | 22°C (71.6°F) |
(i) When a water body's temperature is warmer than the criteria in Table 210 (1)(c) (or within 0.3°C (0.54°F) of the criteria) and that condition is due to natural conditions, then local and regional sources of human-caused pollution considered cumulatively may not cause the 7-DADMax temperature of that water body to increase more than 0.3°C (0.54°F) above natural conditions.(ii) When the natural condition of the water is cooler than the criteria in Table 210 (1)(c), incremental temperature increases resulting from individual point source activities must not exceed the numeric criteria and must not, at any time, exceed 12/(T-2) as measured at the edge of a mixing zone boundary (where "T" represents the background temperature as measured at a point or points unaffected by the discharge and representative of the highest ambient water temperature in the vicinity of the discharge).(iii) Temperatures are not to exceed the criteria at a probability frequency of more than once every 10 years on average.(iv) Temperature measurements should be taken to represent the dominant aquatic habitat of the monitoring site. This typically means samples should not be taken from shallow stagnant backwater areas, within isolated thermal refuges, at the surface, or at the water's edge.(v) The department will incorporate the following guidelines on preventing acute lethality and barriers to migration of salmonids into determinations of compliance with the narrative requirements for use protection established in this chapter (e.g., WAC 173-201A-310(1), 173-201A-400(4), and 173-201A-410(1)(c)). The following site-level considerations do not, however, override the temperature criteria established for waters in subsection (1)(c) of this subsection or WAC 173-201A-612:(A) Moderately acclimated (16-20°C, or 60.8-68°F) adult and juvenile salmonids will generally be protected from acute lethality by discrete human actions maintaining the 7-DADMax temperature at or below 22°C (71.6°F) and the 1-DMax temperature at or below 23°C (73.4°F).(B) Lethality to developing fish embryos can be expected to occur at a 1-DMax temperature greater than 17.5°C (63.5°F).(C) To protect aquatic organisms, discharge plume temperatures must be maintained such that fish could not be entrained (based on plume time of travel) for more than two seconds at temperatures above 33°C (91.4°F) to avoid creating areas that will cause near instantaneous lethality.(D) Barriers to adult salmonid migration are assumed to exist any time the 1-DMax temperature is greater than 22°C (71.6°F) and the adjacent downstream water temperatures are 3°C (5.4°F) or more cooler.(vi) Nothing in this chapter shall be interpreted to prohibit the establishment of effluent limitations for the control of the thermal component of any discharge in accordance with 33 U.S.C. 1326 (commonly known as section 316 of the Clean Water Act).(d)Aquatic life dissolved oxygen (D.O.) criteria. Except where noted, D.O. concentrations are measured as a 1-day minimum in milligrams per liter. Table 210 (1)(d) lists the D.O. criteria for each of the aquatic life use categories. Table 210 (1)(d)
Aquatic Life Dissolved Oxygen Criteria in Marine Water
Category | Lowest 1-Day Minimum |
Extraordinary quality | 7.0 mg/L |
Excellent quality | 6.0 mg/L |
Good quality | 5.0 mg/L |
Fair quality | 4.0 mg/L |
(i) When a water body's D.O. concentration is lower than the numeric criteria in Table 210 (1)(d) (or within 0.2 mg/L of the criteria) and that condition is due to natural conditions, then local and regional sources of human-caused pollution considered cumulatively may not cause the D.O. concentration of that water body to decrease more than 10 percent or 0.2 mg/L below natural conditions, whichever decrease is smaller.(ii) Concentrations of D.O. are not to fall below the criteria in the table at a probability frequency of more than once every 10 years on average.(iii) D.O. measurements should be taken to represent the dominant aquatic habitat of the monitoring site. This typically means samples should not be taken from shallow stagnant backwater areas, within isolated thermal refuges, at the surface, or at the water's edge.(e)Aquatic life turbidity criteria. Turbidity is measured in "nephelometric turbidity units" or "NTUs." Table 210 (1)(e) lists the one-day maximum turbidity allowed as a result of human actions for each of the aquatic life use categories. Table 210 (1)(e)
Aquatic Life Turbidity Criteria in Marine Water
Category | NTUs |
Extraordinary quality | Turbidity must not exceed: * 5 NTU over background when the background is 50 NTU or less; or * A 10 percent increase in turbidity when the background turbidity is more than 50 NTU. |
Excellent quality | Same as above. |
Good quality | Turbidity must not exceed: * 10 NTU over background when the background is 50 NTU or less; or * A 20 percent increase in turbidity when the background turbidity is more than 50 NTU. |
Fair quality | Same as above. |
(i) The turbidity criteria established under WAC 173-201A-210 (1)(e) shall be modified, without specific written authorization from the department, to allow a temporary area of mixing during and immediately after necessary in-water construction activities that result in the disturbance of in-place sediments. This temporary area of mixing is subject to the constraints of WAC 173-201A-400(4) and (6) and can occur only after the activity has received all other necessary local and state permits and approvals, and after the implementation of appropriate best management practices to avoid or minimize disturbance of in-place sediments and exceedances of the turbidity criteria. For estuaries or marine waters, the point of compliance for a temporary area of mixing shall be at a radius of 150 feet from the activity causing the turbidity exceedance.(f)Aquatic life pH criteria. Measurement of pH is expressed as the negative logarithm of the hydrogen ion concentration. Table 210 (1)(f) lists the pH levels allowed as a result of human actions for each of the aquatic life use categories. Table 210 (1)(f)
Aquatic Life pH Criteria in Marine Water
Use Category | pH Units |
Extraordinary quality | pH must be within the range of 7.0 to 8.5 with a human-caused variation within the above range of less than 0.2 units. |
Excellent quality | pH must be within the range of 7.0 to 8.5 with a human-caused variation within the above range of less than 0.5 units. |
Good quality | Same as above. |
Fair quality | pH must be within the range of 6.5 to 9.0 with a human-caused variation within the above range of less than 0.5 units. |
(2)Shellfish harvesting.(a) General criteria. General criteria that apply to shellfish harvesting uses for marine water are described in WAC 173-201A-260 (2)(a) and (b), and are for:(i) Toxic, radioactive, and deleterious materials; and(b)Shellfish harvesting bacteria criteria. Fecal coliform organism levels are used to protect shellfish harvesting. Criteria are expressed as colony forming units (CFU) or most probable number (MPN). Fecal coliform must not exceed a geometric mean value of 14 CFU or MPN per 100 mL, and not have more than 10 percent of all samples (or any single sample when less than 10 sample points exist) obtained for calculating the geometric mean value exceeding 43 CFU or MPN per 100 mL. (i) Shellfish growing areas approved for unconditional harvest by the state department of health are fully supporting the shellfish harvest goals of this chapter, even when comparison with the criteria contained in this chapter suggest otherwise.(ii) When averaging bacteria sample data for comparison to the geometric mean criteria, it is preferable to average by season and include five or more data collection events within each period. Averaging of data collected beyond a 30-day period, or beyond a specific discharge event under investigation, is not permitted when such averaging would skew the data set so as to mask noncompliance periods. The period of averaging should not exceed 12 months, and should have sample collection dates well distributed throughout the reporting period.(iii) When determining compliance with the bacteria criteria in or around small sensitive areas, it is recommended that multiple samples are taken throughout the area during each visit. Such multiple samples should be arithmetically averaged together (to reduce concerns with low bias when the data is later used in calculating a geometric mean) to reduce sample variability and to create a single representative data point.(iv) As determined necessary by the department, more stringent bacteria criteria may be established for waters that cause, or significantly contribute to, the decertification or conditional certification of commercial or recreational shellfish harvest areas, even when the preassigned bacteria criteria for the water are being met.(v) Where information suggests that sample results are due primarily to sources other than warm-blooded animals (e.g., wood waste), alternative indicator criteria may be established on a site-specific basis by the department.(3)Recreational uses. The recreational use is primary contact recreation. (a)General criteria. General criteria that apply to water contact uses for marine water are described in WAC 173-201A-260 (2)(a) and (b), and are for:(i) Toxic, radioactive, and deleterious materials; and(b)Water contact recreation bacteria criteria. Table 210 (3)(b) lists the bacteria criteria to protect water contact recreation in marine waters. These criteria are based on enterococci and fecal coli-form organism levels, and expressed as colony forming units (CFU) or most probable number (MPN). The use of fecal coliform levels to determine compliance will expire December 31, 2020. Table 210 (3)(b)
Primary Contact Recreation Bacteria Criteria in Marine Water
Bacterial Indicator | Criteria |
Enterococci | Enterococci organism levels within an averaging period must not exceed a geometric mean value of 30 CFU or MPN per 100 mL, with not more than 10 percent of all samples (or any single sample when less than 10 sample values exist) obtained within the averaging period exceeding 110 CFU or MPN per 100 mL. |
Fecal coliform (expires 12/31/2020) | Fecal coliform organism levels within an averaging period must not exceed a geometric mean value of 14 CFU or MPN per 100 mL, with not more than 10 percent of all samples (or any single sample when less than 10 sample points exist) obtained within an averaging period exceeding 43 CFU or MPN per 100 mL. |
(i) A minimum of three samples is required to calculate a geometric mean for comparison to the geometric mean criterion. Sample collection dates shall be well distributed throughout the averaging period so as not to mask noncompliance periods. (A) Effluent bacteria samples: When averaging effluent bacteria sample values for comparison to the geometric mean criteria, or for determining permit compliance, the averaging period shall be 30 days or less.(B) Ambient water quality samples: When averaging ambient bacteria sample values for comparison to the geometric mean criteria, it is preferable to average by season. The averaging period of bacteria sample data shall be 90 days or less.(ii) When determining compliance with the bacteria criteria in or around small sensitive areas, such as swimming beaches, it is recommended that multiple samples are taken throughout the area during each visit. Such multiple samples should be arithmetically averaged together (to reduce concerns with low bias when the data is later used in calculating a geometric mean) to reduce sample variability and to create a single representative data point.(iii) As determined necessary by the department, more stringent bacteria criteria may be established for waters that cause, or significantly contribute to, the decertification or conditional certification of commercial or recreational shellfish harvest areas, even when the preassigned bacteria criteria for the water are being met.(iv) Where information suggests that sample results are due primarily to sources other than warm-blooded animals (e.g., wood waste), alternative indicator criteria may be established on a site-specific basis as described in WAC 173-201A-430.(4)Miscellaneous uses. The miscellaneous marine water uses are wildlife habitat, harvesting, commerce and navigation, boating, and aesthetics. General criteria. General criteria that apply in miscellaneous marine water uses are described in WAC 173-201A-260 (2)(a) and (b), and are for:
(a) Toxic, radioactive, and deleterious materials; andWash. Admin. Code § 173-201A-210
Amended by WSR 19-04-007, Filed 1/23/2019, effective 2/23/2019Amended by WSR 20-02-091, Filed 12/30/2019, effective 1/30/2020Amended by WSR 24-23-037, Filed 11/14/2024, effective 12/15/2024Statutory Authority: RCW 90.48.035. 11-09-090 (Order 10-10), § 173-201A-210, filed 4/20/11, effective 5/21/11; 06-23-117 (Order 06-04), § 173-201A-210, filed 11/20/06, effective 12/21/06. Statutory Authority: Chapters 90.48 and 90.54 RCW. 03-14-129 (Order 02-14), § 173-201A-210, filed 7/1/03, effective 8/1/03.