Hawaii Administrative Rules
Title 11 - DEPARTMENT OF HEALTH
Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS
Chapter 54 - WATER QUALITY STANDARDS
Section 11-54-4 - Basic water quality criteria applicable to all waters
Current through February, 2024
(a) All waters shall be free of substances attributable to domestic, industrial, or other controllable sources of pollutants, including:
(b) The director is authorized to impose by order the penalties and fines and corrective measures as specified in chapters 342D and 342E, HRS, against any person who discharges or otherwise causes or allows water pollutants to enter State waters and cause violation of this chapter, unless that person acted in compliance with a permit or variance issued by the director pursuant to chapters 342D, HRS, for that person's discharges. Each day that the person has caused each water quality standard not to be met shall constitute a separate offense.
(c) To ensure compliance with paragraph (a)(4), all State waters are subject to monitoring and to the following standards for acute and chronic toxicity and the protection of human health.
"Chronic Toxicity" means the degree to which a pollutant, discharge, or water sample causes a long-term adverse impact to aquatic organisms, such as a reduction in growth or reproduction. The chronic toxicity of a discharge or receiving water is measured using the methods in section 11-54-10, unless other methods are specified by the director.
"Dilution" means, for discharges through submerged outfalls, the average and minimum values calculated using the models in the EPA publication, Initial Mixing Characteristics of Municipal Ocean Discharges (EPA/600/3-85/073, November, 1985), or in the EPA publication, Expert System for Hydrodynamic Mixing Zone Analysis of Conventional and Toxic Submerged Single Port Discharges (Cormix 1) {EPA/600/3-90/012), February, 1990.
"In-Stream Waste Concentration" (IWC) means the concentration of a toxicant in the receiving water, or for a discharge, the concentration of the effluent after minimum dilution authorized by the department. A discharge of one hundred divided by the minimum dilution is the IWC when the dilution is authorized by the director. A discharge of one hundred per cent effluent is the IWC when dilution is not authorized by the director.
"No Observed Effect Concentration" (NOEC), means the highest per cent concentration of a discharge or water sample, in dilution water, which causes no observable adverse effect in a chronic toxicity test. For example, an NOEC of 100 per cent indicates that an undiluted discharge or water sample causes no observable adverse effect to the organisms in a chronic toxicity test. "Test of Significant Toxicity" (TST) means the alternative statistical method for analyzing and interpreting valid whole effluent toxicity test data as described in the EPA publications, National Pollutant Discharge Elimination System Test of Significant Toxicity Implementation Document, EPA 833-R-10-003 (June 2010), and National Pollutant Discharge Elimination System Test of Significant Toxicity Technical Document, EPA 833-R-10-004 (June 2010).
waters shall be free from pollutants in concentrations which, on average during any thirty day period, exceed the "fish consumption" standards for non-carcinogens in paragraph (3). All State waters shall also be free from pollutants in concentrations, which on average during any 12 month period, exceed the "fish consumption" standards for pollutants identified as carcinogens in paragraph (3).
Pollutant |
Freshwater |
Saltwater |
Fish Consumption |
||
Acute |
Chronic |
Acute |
Chronic |
||
Acenaphthene |
570 |
ns |
320 |
ns |
ns |
Acrolein |
23 |
ns |
18 |
ns |
250 |
Acrylonitrile* |
2,500 |
ns |
ns |
ns |
0.21 |
Aldrin* |
3.0 |
ns |
1.3 |
ns |
0.000026 |
Aluminum |
750 |
260 |
ns |
ns |
ns |
Antimony |
3,000 |
ns |
ns |
ns |
15,000 |
Arsenic |
360 |
190 |
69 |
36 |
ns |
Benzene* |
1,800 |
ns |
1,700 |
ns |
13 |
Benzidine* |
800 |
ns |
ns |
ns |
0.00017 |
Beryllium* |
43 |
ns |
ns |
ns |
0.038 |
Cadmium |
3+ |
3+ |
43 |
9.3 |
ns |
Carbon tetrachloride* |
12,000 |
ns |
16,000 |
ns |
2.3 |
Chlordane* |
2.4 |
0.0043 |
0.09 |
0.004 |
0.00016 |
Chlorine |
19 |
11 |
13 |
7.5 |
ns |
Chloroethers-ethyl(bis-2)* |
ns |
ns |
ns |
ns |
0.44 |
isopropyl |
ns |
ns |
ns |
ns |
1,400 |
methyl(bis)* |
ns |
ns |
ns |
ns |
0.00060 |
Chloroform* |
9,600 |
ns |
ns |
ns |
5.1 |
Chlorophenol(2) |
1,400 |
ns |
ns |
ns |
ns |
Chlorpyrifos |
0.083 |
0.041 |
0.011 |
0,0056 |
ns |
Chromium (VI) |
16 |
11 |
1,100 |
50 |
ns |
Copper |
6+ |
6+ |
2.9 |
2.9 |
ns |
Cyanide |
22 |
5.2 |
1 |
1 |
ns |
DDT* |
1.1 |
0.001 |
0.013 |
0.001 |
0.000008 |
metabolite TDE* |
0.03 |
ns |
1.2 |
ns |
ns |
Demeton |
ns |
0.1 |
ns |
0.1 |
ns |
Dichloro- |
|||||
benzenes* |
370 |
ns |
660 |
ns |
850 |
benzidine* |
ns |
ns |
ns |
ns |
0,007 |
ethane(l,2)* |
39,000 |
ns |
38,000 |
ns |
79 |
phenol(2,4) |
670 |
ns |
ns |
ns |
ns |
propanes |
7,700 |
ns |
3,400 |
ns |
ns |
propene(1,3) |
2,000 |
ns |
260 |
ns |
4.6 |
Dieldrin* |
2,5 |
0.0019 |
0.71 |
0.0019 |
0.000025 |
Dinitro |
|||||
o-cresol(4,6) |
ns |
ns |
ns |
ns |
250 |
toluenes* |
110 |
ns |
200 |
ns |
3.0 |
Dioxin* |
0.003 |
ns |
ns |
ns |
5.0x10-9 |
Diphenyl- |
|||||
hydrazine(1,2) |
ns |
ns |
ns |
ns |
0.018 |
Endosulfan |
0.22 |
0.056 |
0.034 |
0.0087 |
52 |
Endrin |
0.18 |
0.0023 |
0.037 |
0.0023 |
ns |
Ethylbenzene |
11,000 |
ns |
140 |
ns |
1,070 |
Fluoranthene |
1,300 |
ns |
13 |
ns |
18 |
Guthion |
ns |
0.01 |
ns |
0.01 |
ns |
Heptachlor* |
0.52 |
0.0038 |
0.053 |
0.0036 |
0.00009 |
Hexachloro- |
|||||
benzene* |
ns |
ns |
ns |
ns |
0.00024 |
butadiene* |
30 |
ns |
11 |
ns |
16 |
cyclohexane- |
|||||
alpha* |
ns |
ns |
ns |
ns |
0.010 |
beta* |
ns |
ns |
ns |
ns |
0.018 |
technical* |
ns |
ns |
ns |
ns |
0.014 |
cyclopentadiene |
2 |
ns |
2 |
ns |
ns |
ethane* |
330 |
ns |
310 |
ns |
2.9 |
Isophorone |
39,000 |
ns |
4,300 |
ns |
170,000 |
Lead |
29+ |
29+ |
140 |
5.6 |
ns |
Lindane* |
2.0 |
0,08 |
0.16 |
ns |
0.020 |
Malathion |
ns |
0.1 |
ns |
0.1 |
ns |
Mercury |
2.4 |
0.55 |
2.1 |
0.025 |
0. 047 |
Methoxychlor |
ns |
0.03 |
ns |
0.03 |
ns |
Mirex |
ns |
0.001 |
ns |
0.001 |
ns |
Naphthalene |
770 |
ns |
780 |
ns |
ns |
Nickel |
5 + |
5+ |
75 |
8.3 |
33 |
Nitrobenzene |
9,000 |
ns |
2,200 |
ns |
ns |
Nitrophenols* |
77 |
ns |
1,600 |
ns |
ns |
Nitrosamines* |
1,950 |
ns |
ns |
ns |
0.41 |
Nitroso |
|||||
dibutylamine-N* |
ns |
ns |
ns |
ns |
0.19 |
diethylamine-N* |
ns |
ns |
ns |
ns |
0.41 |
dimethylamine-N* |
ns |
ns |
ns |
ns |
5.3 |
diphenylamine-N* |
ns |
ns |
ns |
ns |
5.3 |
pyrrolidine-N* |
ns |
ns |
ns |
ns |
30 |
Parathion |
0.065 |
0.013 |
ns |
ns |
ns |
Pentachloro- |
|||||
ethanes |
2,400 |
ns |
130 |
ns |
ns |
benzene |
ns |
ns |
ns |
ns |
28 |
phenol |
20 |
13 |
13 |
ns |
ns |
Phenol |
3,400 |
ns |
170 |
ns |
ns |
2,4-dimethyl |
700 |
ns |
ns |
ns |
ns |
Phthalate esters |
|||||
dibutyl |
ns |
ns |
ns |
ns |
50,000 |
diethyl |
ns |
ns |
ns |
ns |
590,000 |
di-2-ethylhexyl |
ns |
ns |
ns |
ns |
16,000 |
dimethyl |
ns |
ns |
ns |
ns |
950,000 |
Polychlorinated biphenyls* |
2.0 |
0.014 |
10 |
0.03 |
0.000079 |
Polynuclear aromatic hydrocarbons* |
ns |
ns |
ns |
ns |
0.01 |
Selenium |
20 |
5 |
300 |
71 |
ns |
Silver |
1 + |
1 + |
2.3 |
ns |
ns |
Tetrachloro- |
|||||
ethanes |
3,100 |
ns |
ns |
ns |
ns |
benzene(1,2,4,5) |
ns |
ns |
ns |
ns |
16 |
ethane(1,1,2,2)* |
ns |
ns |
3,000 |
ns |
3.5 |
ethylene* |
1,800 |
ns |
3,400 |
145 |
2.9 |
phenol(2,3,5,6) |
ns |
ns |
ns |
440 |
ns |
Thallium |
470 |
ns |
710 |
ns |
16 |
Toluene |
5,800 |
ns |
2,100 |
ns |
140,000 |
Toxaphene* |
0.73 |
0.0002 |
0.21 |
0.0002 |
0.00024 |
Tributyltin |
ns |
0.026 |
ns |
0.01 |
ns |
Trichloro- |
|||||
ethane(1,1,1) |
6,000 |
ns |
10,400 |
ns |
340,000 |
ethane(1, 1,2) * |
6,000 |
ns |
ns |
ns |
14 |
ethylene* |
15,000 |
ns |
700 |
ns |
26 |
phenol(2,4,6)* |
ns |
ns |
ns |
ns |
1.2 |
Vinyl chloride* |
ns |
ns |
ns |
ns |
170 |
Zinc |
22 + |
22 + |
95 |
86 |
ns |
ns - No standard has been developed.
* - Carcinogen.
+ - The value listed is the minimum standard. Depending upon the receiving water CaCO3 hardness, higher standards may be calculated using the respective formula in the U. S. Environmental Protection Agency publication Quality Criteria for Water (EPA 440/5-86-001, Revised May 1, 1987).
Note - Compounds listed in the plural in the "Pollutant" column represent complex mixtures of isomers.
Numbers listed to the right of these compounds refer to the total allowable concentration of any combination of isomers of the compound, not only to concentrations of individual isomers.
No discharge shall contain pollutants in concentrations greater than the standards in paragraph (3) for the prevention of acute toxicity to aquatic life. The director may make a limited allowance for dilution for a discharge in this category if it meets the following criteria: the discharge velocity is greater than 3 meters per second; the discharge enters the receiving water horizontally, and; the receiving water depth at the discharge point is greater than zero.
(d) The requirements of paragraph (a)(6) shall be deemed met upon a showing that the land on which the erosion occurred or is occurring is being managed in accordance with soil conservation practices acceptable to the applicable soil and water conservation district and the director, and that a comprehensive conservation program is being actively pursued, or that the discharge has received the best degree of treatment or control, and that the severity of impact of the residual soil reaching the receiving body of water is deemed to be acceptable.
(e) In order to reduce a risk to public health or safety arising out of any violation or probable violation of this chapter, the director may post or order posted any State waters. Posting is the placement, erection, or use of a sign or signs warning people to stay out of, avoid drinking, avoid contact with, or avoid using the water. This posting authority shall not limit the director's authority to post or order posting in any other appropriate case or to take any enforcement action.
(f) Pesticide Application.
"Declared pest emergency situation" means an event defined by a public declaration by the President of the United States, state governor or, with the concurrence of the director, county mayor of a pest problem determined to require control through application of a pesticide beginning less than ten days after identification of the need for pest control.
"Pest" means any insect, rodent, nematode, fungus, weed, or
"Pesticide" means
The term "pesticide" does not include liquid chemical sterilant products (including any sterilant or subordinate disinfectant claims on such products) for use on a critical or semi-critical device, as defined in section 201 of 21 U.S.C. §321. For purposes of the preceding sentence, the term "critical device" includes any device which is introduced directly into the human body, either into or in contact with the bloodstream or normally sterile areas of the body and the term 'semi-critical device" includes any device which contacts intact mucous membranes but which does not ordinarily penetrate the blood barrier or otherwise enter normally sterile areas of the body. The term "pesticide" applies to insecticides, herbicides, fungicides, rodenticides, and various other substances used to control pests. The definition encompasses all uses of pesticides authorized under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) including uses authorized under sections 3 (registration), 5 (experimental use permits), 18 (emergency exemptions), 24(c) (special local needs registrations), and 25(b) (exemptions from FIFRA).
Note: drµgs used to control diseases of humans or animals {such as livestock, fishstock and pets) are not considered pesticides; such drµgs are regulated by the Food and Drµg Administration. Fertilizers, nutrients, and other substances used to promote plant survival and health are not considered plant growth regulators and thus are not pesticides. Biological control agents, except for certain microorganisms, are exempted from regulation under FIFRA. (Biological control agents include beneficial predators such as birds or ladybµgs that eat insect pests, parasitic wasps, fish, etc.).