Current through Vol. 42, No. 1, September 16, 2024
(a)
Scope. The provisions of
this Section shall be used to determine whether the beneficial use of Fish and
Wildlife Propagation or any subcategory thereof designated in OAC 785:45 for a
waterbody is supported.
(b)
Dissolved oxygen. For purposes of assessment, listing and
reporting under sections 303(d) and 305(b) of the federal Clean Water Act as
amended, the procedure for determining use support of the Fish and Wildlife
Propagation beneficial use or any subcategory thereof with respect to dissolved
oxygen shall be as follows:
(1)
Support
tests for HLAC streams.(A) The HLAC
subcategory of the Fish and Wildlife Propagation beneficial use designated for
a stream shall be deemed to be fully supported with respect to the DO criterion
if 10% or less of the samples across all life stages and seasons exhibit DO
concentrations below the following season-specific thresholds:
(i) April 1 through June 15: 4.0
mg/L
(ii) June 16 through March 31:
3.0 mg/L
(B) The HLAC
subcategory of the Fish and Wildlife Propagation beneficial use designated for
a stream shall be deemed to be not supported with respect to the DO criterion
if more than 10% of the samples across all seasons exhibit DO concentrations
below the following season-specific thresholds due to other than naturally
occurring conditions:
(i) April 1 through June
15: 4.0 mg/L
(ii) June 16 through
March 31: 3.0 mg/L
(2)
Support tests for WWAC
streams.(A) The WWAC subcategory of
the Fish and Wildlife Propagation beneficial use designated for a stream shall
be deemed to be fully supported with respect to the DO criterion if 10% or less
of the samples across all life stages and seasons exhibit DO concentrations
below the following season-specific thresholds:
(i) April 1 through June 15: 6.0
mg/L
(ii) June 16 through March 31:
5.0 mg/L
(B) The WWAC
subcategory of the Fish and Wildlife Propagation beneficial use designated for
a stream shall be deemed to be undetermined with respect to the DO criterion if
more than 10% of the samples across all life stages and seasons exhibit DO
concentrations below the upper DO threshold and 10% or less of the samples
across all seasons exhibit DO concentrations below the lower DO threshold
considering the following season-specific ranges:
(i) April 1 through June 15: 5.0 mg/L to 6.0
mg/L
(ii) June 16 through October
15: 4.0 mg/L to 5.0 mg/L
(C) The WWAC subcategory of the Fish and
Wildlife Propagation beneficial use designated for a stream shall be deemed to
be not supported with respect to the DO criterion if more than 10% of the
samples across all life stages and seasons exhibit DO concentrations below the
following season-specific thresholds due to other than naturally occurring
conditions:
(i) April 1 through June 15: 5.0
mg/L
(ii) June 16 through October
15: 4.0 mg/L
(iii) October 16
through March 31: 5.0 mg/L
(3)
Support tests for CWAC and Trout
streams.
(A) The CWAC or Trout
subcategory of the Fish and Wildlife Propagation beneficial use designated for
a stream shall be deemed to be fully supported with respect to the DO criterion
if 10% or less of the samples across all life stages and seasons exhibit DO
concentrations below the following season-specific thresholds:
(i) March 1 through May 31: 7.0
mg/L
(ii) June 1 through last day
of February: 6.0 mg/L
(B) The CWAC or Trout subcategory of the Fish
and Wildlife Propagation beneficial use designated for a stream shall be deemed
to be undetermined with respect to the DO criterion if more than 10% of the
samples across all life stages and seasons exhibit DO concentrations below the
upper DO threshold and 10% or less of the samples across all seasons exhibit DO
concentrations below the lower DO threshold considering the following
season-specific ranges:
(i) March 1 through
May 31: 7.0 mg/L to 6.0 mg/L
(ii)
June 1 through October 15: 6.0 mg/L to 5.0 mg/L
(C) The CWAC or Trout subcategory of the Fish
and Wildlife Propagation beneficial use designated for a stream shall be deemed
to be not supported with respect to the DO criterion if more than 10% of the
samples across all life stages and seasons exhibit DO concentrations below the
following season-specific thresholds due to other than naturally occurring
conditions:
(i) March 1 through May 31: 6.0
mg/L
(ii) June 1 through October
15: 5.0 mg/L
(iii) October 16
through the last day of February: 6.0 mg/L
(4)
Support tests for WWAC
lakes. The WWAC subcategory of the Fish and Wildlife Propagation
beneficial use designated for a lake shall be deemed to be fully supported with
respect to the DO criterion if both the Surface and Water Column criteria
prescribed in (5)(A) and (6)(A) of this subparagraph (b) are satisfied. If
either of the Surface or Water Column criteria prescribed in (5)(B) or (6)(B)
produce a result of undetermined, then the WWAC subcategory of the Fish and
Wildlife Propagation beneficial use designated for a lake shall be deemed to be
undetermined with respect to the DO criterion; provided, if either of the
Surface or Water Column criteria prescribed in (5)(C) or (6)(C) produce a
result of not supported, then the WWAC subcategory of the Fish and Wildlife
Propagation beneficial use designated for a lake shall be deemed to be not
supported with respect to the DO criterion.
(5)
Surface criteria for WWAC
lakes.
(A) The WWAC subcategory of the
Fish and Wildlife Propagation beneficial use designated for a lake shall be
deemed to be fully supported with respect to the DO criterion if 10% or less of
the surface samples across life stages and all seasons exhibit DO
concentrations below the following season-specific thresholds:
(i) April 1 through June 15: 6.0
mg/L
(ii) June 16 through March 31:
5.0 mg/L
(B) The WWAC
subcategory of the Fish and Wildlife Propagation beneficial use designated for
a lake shall be deemed to be undetermined with respect to the DO criterion if
more than 10% of the surface samples across all life stages and seasons exhibit
DO concentrations below the upper DO threshold and 10% or less of the surface
samples across all seasons exhibit DO concentrations below the lower DO
threshold considering the following season-specific ranges:
(i) April 1 through June 15: 5.0 mg/L to 6.0
mg/L
(ii) June 16 through October
15: 4.0 mg/L to 5.0 mg/L
(C) The WWAC subcategory of the Fish and
Wildlife Propagation beneficial use designated for a lake shall be deemed to be
not supported with respect to the DO criterion if more than 10% of the surface
samples across all life stages and seasons exhibit DO concentrations below the
following season-specific thresholds due to other than naturally occurring
conditions:
(i) April 1 through June 15: 5.0
mg/L
(ii) June 16 through October
15: 4.0 mg/L
(iii) October 16
through March 31: 5.0 mg/L
(D) "Surface," when used in this Section,
means surface waters or the mixed surface layer, typically represented by a
sample taken at least 0.5 m below the surface.
(6)
Water Column criteria for WWAC
lakes.
(A) The WWAC subcategory of the
Fish and Wildlife Propagation beneficial use designated for a lake shall be
deemed to be fully supported with respect to the DO criterion if less than 50%
of the volume (if volumetric data is available) or 50% or less of the water
column (if no volumetric data is available) of all sample sites in the lake are
less than 2.0 mg/L.
(B) The WWAC
subcategory of the Fish and Wildlife Propagation beneficial use designated for
a lake shall be deemed to be undetermined with respect to the DO criterion (if
no volumetric data is available) if 50% or more, but not greater than 70%, of
the water column at any given sample site in the lake is less than 2.0 mg/L due
to other than naturally occurring conditions.
(C) The WWAC subcategory of the Fish and
Wildlife Propagation beneficial use designated for a lake shall be deemed to be
not supported with respect to the DO criterion if 50% or more of the water
volume (if volumetric data is available) or more than 70% of the water column
(if no volumetric data is available) at any given sample site is less than 2.0
mg/L.
(D) If a lake specific study
including historical analysis produces a support status which is contrary to an
assessment obtained from the application of (A), (B) or (C) of (b)(6) of this
section, then that lake specific result will control.
(7)
Additional application/exercise
when support undetermined. In instances where application of the tests
in this subsection (b) initially produce a result that the pertinent
subcategory is undetermined with respect to the DO criterion, such shall be
subject to additional investigation that considers diurnal data for further
application of such tests in order to resolve the determination of use
support.
(c)
Toxicants.
(1)
Test for
Full Support.
(A) The Fish and
Wildlife Propagation beneficial use designated for a waterbody shall be deemed
to be fully supported with respect to any individual toxicant parameter if no
more than one of the sample concentrations from the waterbody exceeds the acute
criterion for that toxicant prescribed in the numerical criteria for toxic
substances in OAC 785:45-5- 12(f)(6)(D) and (E) and 785:45 Appendix G, Table
2.
(B) The Fish and Wildlife
Propagation beneficial use designated for a waterbody shall be deemed to be
fully supported with respect to any individual toxicant parameter if not more
than 1 sample concentration or not more than 10% of the sample concentrations
from the waterbody exceeds the chronic criterion for that toxicant prescribed
in the numerical criteria for toxic substances in OAC
785:45-5-12(f)(6)(D),
(E) and 785:45 Appendix G, Table 2.
(2)
Test for
Non-Support.
(A) The Fish and Wildlife
Propagation beneficial use designated for a waterbody shall be deemed to be not
supported with respect to any individual toxicant parameter if more than one of
the sample concentrations from the waterbody exceed the acute criterion for
that toxicant prescribed in the numerical criteria for toxic substances in OAC
785:45-5- 12(f)(6)(D) and (E) and 785:45 Appendix G, Table 2.
(B) The Fish and Wildlife Propagation
beneficial use designated for a waterbody shall be deemed to be not supported
with respect to any individual toxicant parameter if more than 10 % of the
sample concentrations from the waterbody exceed chronic criterion for that
toxicant prescribed in the numerical criteria for toxic substances in OAC
785:45-5- 12(f)(6)(D) and (E) and 785:45 Appendix G, Table 2.
(d)
pH.
(1) The Fish and Wildlife Propagation
beneficial use designated for a waterbody shall be deemed to be fully supported
with respect to pH occurring other than by naturally occurring conditions if no
more than 10% of the sample concentrations from that waterbody fall outside the
criteria range prescribed in
785:45-5-12(f)(3).
(2) The Fish and Wildlife Propagation
beneficial use designated for a waterbody shall be deemed to be not supported
with respect to pH occurring other than by naturally occurring conditions if
greater than 10% of the sample concentrations from that waterbody fall outside
the criteria range prescribed in
785:45-5-12(f)(3).
(e)
Turbidity. The
criteria for turbidity stated in
785:45-5-12(f)(7)
shall constitute the screening levels for turbidity. The tests for use support
shall follow the default protocol in
785:46-15-4(b).
(f)
Oil and grease.
(1) The Fish and Wildlife Propagation
beneficial use designated for a waterbody shall be deemed to be fully supported
with respect to oil and grease if a visible sheen or bottom deposits of oil or
grease are observed on that waterbody in 10% or less of the
observations.
(2) The Fish and
Wildlife Propagation beneficial use designated for a waterbody shall be deemed
to be not supported with respect to oil and grease if a visible sheen or bottom
deposits of oil or grease are observed on that waterbody in more than 10% of
the observations.
(g)
Suspended and Bedded Sediments.
(1) If a stream is supporting the biological
criteria assigned to that stream as provided in (e) and (i) through (n) of this
section, then that stream will be deemed to be supporting its assigned Fish and
Wildlife Propagation beneficial use with respect to suspended and bedded
sediments.
(2) If a stream is not
supporting the biological criteria assigned to that stream as provided in (e)
and (i) through (n) of this section, then a habitat assessment must be
conducted using the habitat assessment protocols found in OWRB Technical Report
TRWQ2001-1, "Unified Protocols for Beneficial Use Assignment for Oklahoma
Wadable Streams." The results of the habitat assessment shall then be compared
to either historical conditions or regional reference conditions in order to
determine attainment with respect to suspended and bedded sediments in that
stream.
(3) The method for
establishing reference conditions shall meet the following requirements:
(A) a minimum of five (5) reference streams
or reaches shall be assessed;
(B)
all of the reference streams or reaches must be within the same ecoregion as
the test stream;
(C) all of the
reference streams or reaches must be streams with similar flow regimes no more
than two (2) stream orders removed from the test stream; and
(D) the reference streams shall be selected
from the least impacted streams in the ecoregion whose watersheds contain
soils, vegetation, land uses, and topography typical of the watershed of the
test stream(s).
(4) The
Fish and Wildlife Propagation beneficial use will be considered to be not
supported with respect to suspended and bedded sediments if any of the
following habitat parameters deviate from the reference conditions by the
specified amount:
(A) The total percent of
clay, silt, and loose sand in the pool bottom substrate of the test stream is
increased by more than 30% over the reference condition;
(B) Cobble embeddedness in the test stream is
increased by 15% or more over the reference condition;
(C) The percentage of the length of the reach
containing fresh (non-vegetated) point bars and/or islands in the test stream
is 20 or more percentage points above that of the reference condition;
or
(D) The percentage of the length
of the reach dominated by pools of a depth of 0.5 meters or more in the test
stream is less than 70% of that of the reference condition.
(5) If all of the habitat
parameters identified in (h)(4) of this section deviate from the reference
conditions by less than the amounts specified in (h)(4) of this section, then
the Fish and Wildlife Propagation beneficial use is not impaired due to
suspended and bedded sediments.
(h)
Metals. The Fish and
Wildlife Propagation beneficial use designated for a waterbody may be assessed
using either total recoverable or dissolved metals. When available, the
concentrations of dissolved metals shall be compared following the provisions
of (c) of this subsection to the criteria in OAC 785:45 Appendix G converted to
dissolved criteria by multiplying the total metal criterion listed in table 2
by the appropriate conversion factor listed in Table 3. Preference shall be
given to the beneficial use determinations based upon dissolved metals. For
those metals criteria requiring a hardness component, individual assessment
results may be calculated using the average of all hardness data meeting the
requirements of OAC
785:46-15-3.
The segment-averaged hardness in Appendix B of this Chapter shall be used in
the determination of the criterion if there is insufficient site-specific data
to determine stream hardness.
(i)
Biological criteria.
(1) If data
demonstrate that an assemblage of fish or macro invertebrates from a waterbody
is significantly degraded, according to
785:45-5-12(f)(5),
from that expected for the subcategory of Fish and Wildlife Propagation
designated in OAC 785:45 for that waterbody, then that subcategory may be
deemed by the appropriate state environmental agency to be not
supported.
(2) All physical
assessments and biological collections shall be performed in accordance with
the requirements set forth in OWRB Technical Report No. 99-3 entitled "Standard
Operating Procedures for Stream Assessments and Biological Collections Related
to Biological Criteria in Oklahoma".
(3) Evaluation of the biological collections
shall include identification of fish samples to species level. Determinations
of tolerance level shall be made according to Jester et al. 1992, "The Fishes
of Oklahoma, Their Gross Habitats, and Their Tolerance of Degradation in Water
Quality and Habitat", Proceedings of Oklahoma Academy of Sciences,
72:7-19.
(4) The determination of
whether the use of Fish and Wildlife Propagation is supported in wadable
streams in Oklahoma ecoregions shall be made according to all of the
requirements of this subsection (e), the application of Appendix C of this
Chapter, and the special provisions in subsections (i) through (o), where
applicable, of this Section. Streams with undetermined use support status shall
be subject to additional investigation that considers stream order, habitat
factors and local reference streams before the use support determination is
made. A finding of impairment for biocriteria due to any one of the parameters
listed in this section shall trigger an evaluation of all likely causes, not
precluding monitoring, assessment, and subsequent support determination of the
Fish and Wildlife beneficial use for any of the other parameters in this
section.
(j)
Special provisions for Ouachita Mountains wadable streams. The
determination of whether the use of Fish and Wildlife Propagation is supported
for wadable streams located in the Ouachita Mountains ecoregion shall be made
according to the application of Appendix C of this Chapter, together with this
subsection, as follows:
(1) Where designated,
the subcategory of Warm Water Aquatic Community shall be deemed fully supported
if the application of Appendix C produces a score of 35 or more. Such
subcategory shall be deemed not supported if the application of Appendix C
produces a score of 24 or less. If a score is 25 to 34 inclusive, the issue of
whether this subcategory is supported shall be deemed undetermined.
(2) Where designated, the subcategory of
Habitat Limited Aquatic Community shall be deemed fully supported if the
application of Appendix C produces a score of 27 or more. Such subcategory
shall be deemed not supported if the application of Appendix C produces a score
of 18 or less. If a score is 19 to 26 inclusive, the issue of whether this
subcategory is supported shall be deemed undetermined.
(k)
Special provisions for Arkansas
Valley wadable streams. The determination of whether the use of Fish and
Wildlife Propagation is supported for wadable streams located in the Arkansas
Valley ecoregion shall be made according to the application of Appendix C of
this Chapter, together with this subsection, as follows:
(1) Where designated, the subcategory of Warm
Water Aquatic Community shall be deemed fully supported if the application of
Appendix C produces a score of 35 or more. Such subcategory shall be deemed not
supported if the application of Appendix C produces a score of 24 or less. If a
score is 25 to 34 inclusive, the issue of whether this subcategory is supported
shall be deemed undetermined.
(2)
Where designated, the subcategory of Habitat Limited Aquatic Community shall be
deemed fully supported if the application of Appendix C produces a score of 27
or more. Such subcategory shall be deemed not supported if the application of
Appendix C produces a score of 18 or less. If a score is 19 to 26 inclusive,
the issue of whether this subcategory is supported shall be deemed
undetermined.
(l)
Special provisions for Boston Mountains and Ozark Highlands wadable
streams. The determination of whether the use of Fish and Wildlife
Propagation is supported for wadable streams located in the Boston Mountains
and Ozark Highlands ecoregions shall be made according to the application of
Appendix C of this Chapter, together with this subsection, as follows:
(1) Where designated, the subcategory of Cool
Water Aquatic Community shall be deemed fully supported if the application of
Appendix C produces a score of 37 or more. Such subcategory shall be deemed not
supported if the application of Appendix C produces a score of 29 or less. If a
score is 30 to 36 inclusive, the issue of whether this subcategory is supported
shall be deemed undetermined.
(2)
Where designated, the subcategory of Warm Water Aquatic Community shall be
deemed fully supported if the application of Appendix C produces a score of 31
or more. Such subcategory shall be deemed not supported if the application of
Appendix C produces a score of 22 or less. If a score is 23 to 30 inclusive,
the issue of whether this subcategory is supported shall be deemed
undetermined.
(m)
Special provisions for Central Irregular Plains wadable streams.
The determination of whether the use of Fish and Wildlife Propagation is
supported for wadable streams located in the Central Irregular Plains ecoregion
shall be made according to the application of Appendix C of this Chapter,
together with this subsection, as follows:
(1) Where designated, the subcategory of Cool
Water Aquatic Community shall be deemed fully supported if the application of
Appendix C produces a score of 35 or more. Such subcategory shall be deemed not
supported if the application of Appendix C produces a score of 28 or less. If a
score is 29 to 34 inclusive, the issue of whether this subcategory is supported
shall be deemed undetermined.
(2)
Where designated, the subcategory of Warm Water Aquatic Community shall be
deemed fully supported if the application of Appendix C produces a score of 30
or more. Such subcategory shall be deemed not supported if the application of
Appendix C produces a score of 22 or less. If a score is 23 to 29 inclusive,
the issue of whether this subcategory is supported shall be deemed
undetermined.
(3) Where designated,
the subcategory of Habitat Limited Aquatic Community shall be deemed fully
supported if the application of Appendix C produces a score of 25 or more. Such
subcategory shall be deemed not supported if the application of Appendix C
produces a score of 16 or less. If a score is 17 to 24 inclusive, the issue of
whether this subcategory is supported shall be deemed undetermined.
(n)
Special provisions for
Central Oklahoma - Texas Plains wadable streams. The determination of
whether the Warm Water Aquatic Community subcategory of the Fish and Wildlife
Propagation beneficial use is supported for wadable streams located in the
Central Oklahoma - Texas Plains ecoregion shall be made according to the
application of Appendix C of this Chapter, together with this subsection, as
follows:
(1) Such subcategory shall be deemed
fully supported if the application of Appendix C produces a score of 26 or
more.
(2) Such subcategory shall be
deemed not supported if the application of Appendix C produces a score of 19 or
less.
(3) If the application of
Appendix C produces a score of 20 to 25 inclusive, the issue of whether this
subcategory is supported shall be deemed undetermined.
(o)
Special provisions for Central
Great Plains wadable streams. The subcategory of Warm Water Aquatic
Community of the beneficial use of Fish and Wildlife Propagation in the wadable
streams located in the Central Great Plains ecoregion shall be deemed fully
supported if the application of Appendix C of this Chapter produces a score of
22 or more. Such subcategory shall be deemed not supported for the streams in
the ecoregion of the application of Appendix C produces a score of 18 or less.
If the application of Appendix C produces a score of 19 to 21 inclusive, the
issue of whether this subcategory is supported for the streams in this
ecoregion shall be deemed undermined. Provided, however, this subsection does
not apply to the area bounded by State Highway 54 on the west, U.S. Highway 62
on the south, U.S. Highway 281 on the east and State Highway 19 on the
north.
Added at 17 Ok Reg 1775,
eff 7-1-00; Amended at 18 Ok Reg 171, eff 10-25-00 (emergency); Amended at 18
Ok Reg 3379, eff 8-13-01; Amended at 19 Ok Reg 2512, eff 6-27-02; Amended at 20
Ok Reg 1429, eff 7-1-03; Amended at 21 Ok Reg 1910, eff 7-1-04; Amended at 22
Ok Reg 1607, eff 7-1-05; Amended at 24 Ok Reg 2445, eff 7-1-07; Amended at 25
Ok Reg 1455, eff 7-1-08; Amended at 28 Ok Reg 1017, eff
7-1-11
