DEPARTMENT OF ENVIRONMENTAL QUALITY

                               WATER BUREAU

                       WATER RESOURCES PROTECTION

(By authority  conferred  on  the  department  of  environmental  quality  by 
sections 3103 and 3106 of 1994 PA 451, MCL 324.3103 and 324.3106)



                      PART 4. WATER QUALITY STANDARDS

R 323.1041  Purpose.
  Rule 41.  The purpose of the water quality standards as prescribed by these 
rules is to establish water quality  requirements  applicable  to  the  Great 
Lakes, the connecting waters, and all other surface waters of the  state,  to 
protect the public health and welfare, to enhance and maintain the quality of 
water, to protect the state's natural resources, and to serve the purposes of 
Public Law 92-500, as amended,  33  U.S.C.  1251  et  seq.,  Part  31,  Water 
Resources Protection, 1994 PA 451, MCL 324.3101 to 324.3119,  and  the  Great 
Lakes water quality agreement enacted November 22, 1978, and amended in 1987.
 These standards may not reflect current water quality in all  cases.   Water 
quality of certain surface waters of the state may not meet  standards  as  a 
result of natural causes or conditions unrelated to human  influence.   Where 
surface waters of the  state  may  have  been  degraded  due  to  past  human 
activities and attainment of standards in the near future is not economically 
or technically achievable, these standards shall be  used  to  improve  water 
quality.  These standards are the minimum water quality requirements by which 
the surface waters of the state shall be managed.

  History:  1979 AC; 1986 AACS; 1994 AACS; 2006 AACS.


R 323.1043  Definitions; A to L.
  Rule 43.  As used in this part:
  (a)  "Acceptable daily exposure (ADE)" means an  estimate  of  the  maximum 
daily dose of a substance that is not expected to result in adverse noncancer 
effects to the general human population, including sensitive subgroups.
  (b)  "Acceptable wildlife endpoints" means subchronic and chronic endpoints 
that affect reproductive or developmental success, organismal  viability,  or 
growth or any other endpoint that is, or is directly related to, a  parameter 
that influences population dynamics.
  (c)  "Acute-chronic ratio (ACR)" means a  standard  measure  of  the  acute 
toxicity of a material divided by  an  appropriate  measure  of  the  chronic 
toxicity of the same material under comparable conditions.
  (d)  "Adverse effect" means any deleterious  effect  to  organisms  due  to 
exposure to a substance.  The term includes effects that are  or  may  become 
debilitating, harmful, or toxic to the normal functions of the organism.  The 
term does not include nonharmful effects such as tissue  discoloration  alone 
or the induction of enzymes involved in the metabolism of the substance.
  (e)  "Agriculture use" means a use  of  water  for  agricultural  purposes, 
including livestock watering, irrigation, and crop spraying.
  (f)  "Anadromous salmonids" means trout and salmon that ascend  streams  to 
spawn.
  (g)  "Aquatic maximum value (AMV)" means the  highest  concentration  of  a 
material in the ambient water column to which an  aquatic  community  can  be 
exposed  briefly  without  resulting  in  unacceptable  effects,   calculated 
according to the methodology specified in R 323.1057(2).  The AMV is equal to 
1/2 of the tier I or tier II final  acute value (FAV).
  (h)  "Baseline bioaccumulation factor" means, for organic chemicals, a  BAF 
that is based on the concentration  of  freely  dissolved  chemicals  in  the 
ambient water and takes into account the partitioning of the chemical  within 
the organism.  For inorganic chemicals, the term means a BAF that is based on 
the wet weight of the tissue.
  (i)  "Baseline bioconcentration factor" means, for organic chemicals, a BCF 
that is based on the concentration  of  freely  dissolved  chemicals  in  the 
ambient water and takes into account the partitioning of the chemical  within 
the organism.  For inorganic chemicals, the term means a BCF that is based on 
the wet weight of the tissue.
  (j)  "Bioaccumulation" means the net accumulation  of  a  substance  by  an 
organism as a result of uptake from all environmental sources.
  (k)   "Bioaccumulation  factor  (BAF)"  means  the  ratio,  in  liters  per 
kilogram, of a substance's concentration in tissue of an aquatic organism  to 
its concentration in the ambient water where both the organism and  its  food 
are exposed and the ratio does not change substantially over time.
  (l)  "Bioaccumulative chemical of concern (BCC)" means  a  chemical  which, 
upon entering the surface waters, by itself or as  its  toxic  transformation 
product, accumulates in aquatic organisms by a human  health  bioaccumulation 
factor  of  more  than  1,000  after   considering   metabolism   and   other 
physiochemical properties that might enhance or inhibit bioaccumulation.  The 
human  health  bioaccumulation  factor  shall  be  derived  according  to   R 
323.1057(5).  Chemicals with half-lives of less than 8 weeks in   the   water 
column, sediment, and biota are not BCCs.  The minimum BAF information needed 
to define an organic chemical as a BCC is either a field-measured  BAF  or  a 
BAF derived using the biota-sediment accumulation factor (BSAF) methodology.
The minimum BAF information needed to define an inorganic chemical as a  BCC, 
including  an  organometal,   is   either   a   field-measured   BAF   or   a 
laboratory-measured bioconcentration factor (BCF).  The BCCs to  which  these 
rules apply are identified in table 5 of R 323.1057.
  (m)  "Bioconcentration" means the net accumulation of  a  substance  by  an 
aquatic organism as a result  of  uptake  directly  from  the  ambient  water 
through gill membranes or other external body surfaces.
  (n)  "Bioconcentration  factor  (BCF)"  means  the  ratio,  in  liters  per 
kilogram, of a substance's concentration in tissue of an aquatic organism  to 
its concentration in the ambient water in situations where  the  organism  is 
exposed through the water only and the ratio does  not  change  substantially 
over time.
  (o)  "Biota-sediment  accumulation  factor  (BSAF)"  means  the  ratio,  in 
kilograms  of  organic  carbon  per  kilogram  of  lipid,  of  a  substance's 
lipid-normalized concentration in  tissue  of  an  aquatic  organism  to  its 
organic carbon-normalized concentration in  surface  sediment  in  situations 
where the ratio does not change substantially over time,  both  the  organism 
and its food are exposed, and  the  surface  sediment  is  representative  of 
average surface sediment in the vicinity of the organism.
  (p)  "Carcinogen" means a substance which causes an increased incidence  of 
benign or malignant neoplasms in animals  or  humans  or  that  substantially 
decreases the time in which neoplasms develop in animals or humans.
  (q)  "Chronic effect" means an adverse effect that is measured by assessing 
an acceptable endpoint and  results  from  continual  exposure  over  several 
generations or at  least  over  a  significant  part  of  the  test  species' 
projected life span or life stage.
  (r)  "Coldwater fishery use" means the ability of a waterbody to support  a 
balanced, integrated, adaptive community of  fish  species  which  thrive  in 
relatively cold water, generally including any of the following:
  (i)  Trout.
  (ii)  Salmon.
  (iii)  Whitefish.
  (iv)  Cisco.
  (s)  "Connecting waters" means any of the following:
  (i)  The St. Marys river.
  (ii)  The Keweenaw waterway.
  (iii)  The Detroit river.
  (iv)  The St. Clair river.
  (v)  Lake St. Clair.
  (t)  "Control document" means any authorization issued by the department to 
any source of pollutants to  surface  waters  of  the  state  that  specifies 
conditions under which the source is allowed to operate.
  (u)   "Conversion  factor"  means  the  decimal   fraction   of   a   metal 
corresponding to an estimate of the percent total recoverable metal that  was 
dissolved in the aquatic toxicity tests  that  were  most  important  in  the 
derivation of the tier I or tier II aquatic life value for that metal.
  (v)   "Department"  means  the  director  of  the  Michigan  department  of 
environmental quality or his or her designee to whom the director delegates a 
power or duty by written instrument.   (w)  "Depuration" means the loss of  a 
substance from an organism as a result of any active or passive process.
  (x)  "Designated use" means those uses of the surface waters of  the  state 
as established by R 323.1100 whether or not they are being attained.
  (y)  "Discharge-induced  mixing"  means  the  mixing  of  a  discharge  and 
receiving water that occurs due to discharge momentum and buoyancy up to  the 
point where mixing is controlled by ambient turbulence.
  (z)  "Dissolved oxygen" means the amount of oxygen dissolved in  water  and 
is commonly expressed as a concentration in terms of milligrams per liter.
  (aa)  "Dissolved solids" means the amount of materials dissolved  in  water 
and is commonly expressed as a concentration in terms of milligrams per liter.
  (bb)  "EC50" means a statistically or graphically  estimated  concentration 
that is expected to cause 1 or more specified effects in 50% of  a  group  of 
organisms under specified conditions.
  (cc)  "Effluent" means a wastewater discharge from a point  source  to  the 
surface waters of the state.
  (dd)  "Endangered species act (ESA)" means the endangered  species  act  of 
1973, as amended, 16 U.S.C. §1531 et seq.
  (ee)  "Endangered or threatened species" means Michigan species  that  have 
been identified as endangered or threatened pursuant  to  section  4  of  the 
endangered species act and listed in 50 C.F.R. §17 (2000).
  (ff)  "Fecal coliform" means a type  of  coliform  bacteria  found  in  the 
intestinal tract of humans and other warm-blooded animals.
  (gg)  "Final acute value (FAV)" means the level of a chemical or mixture of 
chemicals that does not allow the mortality or other  specified  response  of 
aquatic organisms to exceed 50% when exposed for 96  hours,  except  where  a 
shorter time period is appropriate for certain species.   The  FAV  shall  be 
calculated under R 323.1057(2) if appropriate for the chemical.
  (hh)  "Final chronic value (FCV)" means the  level  of  a  substance  or  a 
mixture of substances that does not allow injurious or  debilitating  effects 
in an aquatic organism  resulting  from  repeated  long-term  exposure  to  a 
substance  relative  to  the  organism's  lifespan,  calculated   using   the 
methodology specified in R 323.1057(2).
  (ii)  "Fish consumption use" means the ability of a surface  water  of  the 
state to provide a fishery for human consumption that is consistent with  the 
level of protection provided by these rules.
  (jj)  "Food chain multiplier  (FCM)"  means  the  ratio  of  a  BAF  to  an 
appropriate BCF.
  (kk)  "Harmonic mean flow" means the  number  of  daily  flow  measurements 
divided by the sum of the reciprocals of the flows.
  (ll)   "Human  cancer  value  (HCV)"  means  the  maximum   ambient   water 
concentration of a substance at which a  lifetime  of  exposure  from  either 
drinking  the  water,  consuming  fish  from  the   water,   and   conducting 
water-related recreation activities or consuming  fish  from  the  water  and 
conducting water-related recreation activities  will  represent  a  plausible 
upper bound risk of contracting cancer of 1 in  100,000  using  the  exposure 
assumptions and methodology specified in R 323.1057(4).
  (mm)  "Human  noncancer  value  (HNV)"  means  the  maximum  ambient  water 
concentration of a substance at  which  adverse  noncancer  effects  are  not 
likely to occur in the human population from lifetime exposure through either 
drinking  the  water,  consuming  fish  from  the   water,   and   conducting 
water-related recreation activities or consuming  fish  from  the  water  and 
conducting  water-related   recreation   activities,   using   the   exposure 
assumptions and methodology specified in R 323.1057(4). 
  (nn)  "Industrial water supply" means a water source intended  for  use  in 
commercial or industrial applications or for noncontact food processing.
  (oo)  "Inland lake" means a surface water of the state that  is  an  inland 
body of standing water situated in a topographic  depression  other  than  an 
artificial agricultural pond that is  less  than  1  acre,  unless  otherwise 
determined by the department.  The department may designate  a  dammed  river 
channel or an impoundment as an inland lake based on aquatic resources to  be 
protected.
  (pp)  "Keweenaw waterway" means the  entire  Keweenaw  waterway,  including 
Portage lake, Houghton county.
  (qq)  "Lake Superior basin-bioaccumulative substances of immediate  concern 
(LSB-BSIC)" means substances identified  in  the  September  1991  binational 
program to restore and protect the Lake Superior basin, including all of  the 
following:
  (i)  2,3,7,8-tetrachlorodibenzo-p-dioxin (2,3,7,8-TCDD).
  (ii)  Octachlorostyrene.
  (iii)  Hexachlorobenzene.
  (iv)  Chlordane.
  (v)  Dichloro-diphenyl-trichloroethane (DDT) and metabolites.
  (vi)  Dieldrin.
  (vii)  Toxaphene.
  (viii)  Polychlorinated biphenyls (PCBs).
  (ix)  Mercury.
  (rr)  "LC50" means a statistically or graphically  estimated  concentration 
that is expected to be lethal to 50% of a group of organisms under  specified 
conditions.
  (ss)  "Linearized multistage model" means a conservative mathematical model 
for cancer risk assessment.  The model fits linear  dose-response  curves  to 
low  doses.   The  model  is  consistent  with  a   no-threshold   model   of 
carcinogenesis.
  (tt)  "Loading capacity" means the greatest  amount  of  pollutant  loading 
that a water can receive without violating water quality standards.
  (uu)  "Lowest observed adverse  effect  level  (LOAEL)"  means  the  lowest 
tested dose or concentration of a  substance  that  results  in  an  observed 
adverse  effect  in  exposed  test  organisms  when  all  higher   doses   or 
concentrations result in the same or more severe effects.
  (vv)  "Lotic" means surface waters of the state that exhibit flow.


  History:  1979 AC; 1984 AACS; 1986 AACS; 1994 AACS; 1997 AACS; 1999 AACS;
2006 AACS.


R 323.1044  Definitions; M to W.
  Rule 44.  As used in this part:
  (a)   "Maximum  acceptable  toxicant  concentration   (MATC)"   means   the 
concentration obtained by calculating the geometric mean  of  the  lower  and 
upper chronic limits from a chronic test.   A  lower  chronic  limit  is  the 
highest tested concentration that did not cause the occurrence of a  specific 
adverse effect.  An upper chronic limit is the  lowest  tested  concentration 
which did cause the occurrence of a specific adverse effect and  above  which 
all tested concentrations caused such an occurrence.
  (b)  "Mixing zone" means the portion of a  water  body  in  which  a  point 
source discharge or venting groundwater is mixed with the receiving water.
  (c)  "Natural water temperature" means the temperature of a body  of  water 
without an influence from an artificial source or a temperature as  otherwise 
determined by the department.
  (d)   "New  discharge"  means  any  building,   structure,   facility,   or 
installation from which there is or may be a discharge of substances  to  the 
surface waters of the state, the construction of which commenced  after  July 
29, 1997.
  (e)  "No observed adverse effect level (NOAEL)" means  the  highest  tested 
dose or concentration of a substance that  results  in  no  observed  adverse 
effect in exposed test organisms where higher doses or concentrations  result 
in an adverse effect.
  (f)  "Nonpoint source" means a source of material to the surface waters  of 
the state other than a source defined as a point source.
  (g)  "Octanol-water partition coefficient (Kow)" means  the  ratio  of  the 
concentration of a substance in the n-octanol phase to its  concentration  in 
the aqueous phase in an equilibrated 2-phase octanol-water system.   For  log 
Kow, the log  of  the  octanol-water  partition  coefficient  is  a  base  10 
logarithm.
  (h)  "Palatable" means the state of being agreeable or  acceptable  to  the 
sense of sight, taste, or smell.
  (i)  "Partial  body  contact  recreation"  means  any  activities  normally 
involving direct contact of some  part  of  the  body  with  water,  but  not 
normally involving immersion  of  the  head  or  ingesting  water,  including 
fishing, wading, hunting, and dry boating.
  (j)   "Plant  nutrients"  means  the  chemicals,  including  nitrogen   and 
phosphorus, necessary for the growth  and  reproduction  of  aquatic  rooted, 
attached, and floating plants, fungi, or bacteria.
  (k)  "Point source" means a discharge  that  is  released  to  the  surface 
waters of the state by a  discernible,  confined,  and  discrete  conveyance, 
including any of the following from which wastewater is or may be discharged:
  (i)  A pipe.
  (ii)  A ditch.
  (iii)  A channel.
  (iv)  A tunnel.
  (v)  A conduit.
  (vi)  A well.
  (vii)  A discrete fissure.
  (viii)  A container.
  (ix)  A concentrated animal feeding operation.
  (x)  A boat or other watercraft.
  (l)  "Public water supply sources" means the surface waters of the state at 
the point of water intake as identified  in  the  publication  "public  water 
supply intakes in Michigan," dated December 9, 1999, and contiguous areas  as 
the department determines necessary to assure protection of the source.
  (m)  "Receiving waters" means the surface waters of the state into which an 
effluent is or may be discharged.
  (n)  "Relative source contribution (RSC)"  means  the  factor  (percentage) 
used in calculating an HNV to account  for  all  sources  of  exposure  to  a 
contaminant.  The RSC reflects the percent of  total  exposure  that  can  be 
attributed to surface water through water intake and fish consumption.
  (o)  "Risk associated dose (RAD)" means a  dose  of  a  known  or  presumed 
carcinogenic substance, in milligrams per kilogram  per  day,  that,  over  a 
lifetime of exposure, is estimated to be associated with  a  plausible  upper 
bound incremental cancer risk equal to 1 in 100,000.
  (p)  "Sanitary sewage" means treated or untreated  effluent  that  contains 
human metabolic and domestic wastes.
  (q)  "Significant industrial user (SIU)" means either of the following:
  (i)  A nondomestic user subject to categorical pretreatment standards under 
40 C.F.R. §403 (1992) and 40 C.F.R. chapter I, subchapter N (1990).
  (ii)  A nondomestic user to which 1 of the following provisions applies:
  (A)  The user discharges an average of 25,000 gallons per day  or  more  of 
process wastewater to the publicly owned treatment works, excluding sanitary, 
noncontact cooling, and boiler blowdown wastewater.
  (B)  The user contributes a process wastestream that makes up 5% or more of 
the average dry weather hydraulic or organic capacity of the  publicly  owned 
treatment works.
  (C)  The user is designated as a significant industrial user by the control 
authority on the basis that the user has a potential for adversely  affecting 
the  publicly  owned  treatment  works'  operation  or  for   violating   any 
pretreatment standard or requirement.
Upon a  finding  that  a  nondomestic  user  meeting  the  criteria  in  this 
subdivision has no reasonable potential for adversely affecting the  publicly 
owned treatment works' operation or for violating any  pretreatment  standard 
or requirement, the control authority may, at any time, on its own initiative 
or in response to a petition received from a  nondomestic  user  or  publicly 
owned treatment works, determine that a nondomestic user is not a significant 
nondomestic user.
  (r)  "Slope factor"  means  the  incremental  rate  of  cancer  development 
calculated using a linearized multistage model or other appropriate model. It 
is expressed in milligrams per kilogram per day of exposure to  the  chemical 
in question and is also known as q1*.
  (s)  "Standard" means a definite numerical  value  or  narrative  statement 
promulgated by the department to maintain or restore water quality to provide 
for, and fully protect, a designated use of the surface waters of the state.
  (t)  "Subchronic effect" means an adverse effect, measured by assessing  an 
acceptable endpoint resulting from continual exposure for a  period  of  time 
less than the time deemed necessary for a chronic test.
  (u)  "Surface waters of the state" means all of the following, but does not 
include drainage ways  and  ponds  used  solely  for  wastewater  conveyance, 
treatment, or control:
  (i)  The Great Lakes and their connecting waters.
  (ii)  All inland lakes.
  (iii)  Rivers.
  (iv)  Streams.
  (v)  Impoundments.
  (vi)  Open drains.
  (vii)  Wetlands.
  (viii)  Other surface bodies of water within the confines of the state.
  (v)  "Suspended solids" means the amount of materials  suspended  in  water 
and is commonly expressed as a concentration in terms of milligrams per liter.
  (w)  "Threshold effect" means an effect of a substance for which there is a 
theoretical or empirically established dose or concentration below which  the 
effect does not occur.
  (x)   "Total  body  contact  recreation"  means  any  activities   normally 
involving direct contact with water to the  point  of  complete  submergence, 
particularly immersion of the  head,  with  considerable  risk  of  ingesting 
water, including swimming.
  (y)  "Total maximum daily load (TMDL)" means an allowable pollutant loading 
to a surface water of the state as defined in R 323.1207.
  (z)  "Toxic substance" means a substance, except for heat, that is  present 
in sufficient a concentration or quantity that is or may be harmful to  plant 
life, animal life, or designated uses.
  (aa)  "Uncertainty factor (UF)" means one of several numeric  factors  used 
in operationally deriving criteria from experimental data to account for  the 
quality or quantity of the available data.
  (bb)  "Uptake" means the acquisition of a substance from the environment by 
an organism as a result of any active or passive process.
  (cc)  "Venting groundwater" means groundwater that is  entering  a  surface 
water of the state from a facility, as defined in section 20101  of  1994  PA 
451, MCL 324.20101.
  (dd)  "Warmwater fishery use" means the ability of a waterbody to support a 
balanced, integrated, adaptive community of  fish  species  which  thrive  in 
relatively warm water, including any of the following:
  (i)  Bass.
  (ii)  Pike.
  (iii)  Walleye.
  (iv)  Panfish.
  (ee)  "Wasteload allocation (WLA)" means the allocation for  an  individual 
point source which ensures that the level of water quality to be achieved  by 
the point source complies with these rules.
  (ff)  "Wastewater" means any of the following:
  (i)  Storm water runoff that could result in injury to a use designated  in 
R 323.1100.
  (ii)  Liquid waste  resulting  from  commercial,  institutional,  domestic, 
industrial, and agricultural activities,  including  cooling  and  condensing 
waters.
  (iii)  Sanitary sewage.
  (iv)  Industrial waste.
  (gg)  "Water quality value" means a tier I or tier II aquatic life or human 
health value or tier I wildlife value developed under R 323.1057.
  (hh)  "Watershed" means the geographic region  within  which  water  drains 
into a particular river, stream, or body of water.
  (ii)  "Wetland" means land characterized by the  presence  of  water  at  a 
frequency  and  duration  sufficient  to  support,  and  that  under   normal 
circumstances does support, wetland vegetation or aquatic life.
  (jj)  "Whole effluent toxicity" means the total toxic effect of an effluent 
measured directly with a toxicity test under R 323.1219.
  (kk)   "Wildlife  use"  means  that  a  waterbody  will  not  likely  cause 
population-level impacts to mammalian and  avian  wildlife  populations  from 
lifetime exposure to the waterbody as a source of drinking water and  aquatic 
food, consistent with the level of protection provided by these rules.
  (ll)  "Wildlife value" means the maximum ambient water concentration  of  a 
substance  at  which  adverse  effects  are   not   likely   to   result   in 
population-level impacts to mammalian and  avian  wildlife  populations  from 
lifetime exposure through drinking water and aquatic food supply,  using  the 
methodology specified in R 323.1057(3).

  History:  1979 AC; 1985 AACS; 1986 AACS; 1994 AACS; 1997 AACS; 2006 AACS.


R 323.1050  Physical characteristics.
  Rule 50.  The surface waters of  the  state  shall  not  have  any  of  the 
following physical properties in unnatural quantities which are or may become 
injurious to any designated use:
  (a)  Turbidity.
  (b)  Color.
  (c)  Oil films.
  (d)  Floating solids.
  (e)  Foams.
  (f)  Settleable solids.
  (g)  Suspended solids.
  (h)  Deposits.

  History:  1979 AC; 1986 AACS; 2006 AACS.


R  323.1051   Dissolved solids.
  Rule 51. (1) The addition of  any  dissolved  solids   shall   not   exceed 
concentrations which are or may become injurious to  any  designated  use.
Point sources containing dissolved  solids  shall  be   considered   by   the 
commission on a case-by-case basis and increases of   dissolved   solids   in 
the waters of the state shall be limited through the  application   of   best 
practicable control technology currently available as   prescribed   by   the 
administrator  of  the  United  States   environmental   protection    agency 
pursuant to section 304(b) of Public Law 92-500,  as  amended,  33  U.S.C.
S466 et seq., except that in no instance shall total  dissolved   solids   in 
the waters of the state exceed a concentration of 500 milligrams per liter as 
a monthly average nor more than 750 milligrams per liter at  any  time, as  a 
result of controllable point sources.
  (2) The waters of the state designated as a public  water   supply   source 
shall not exceed 125 milligrams  per  liter  of  chlorides   as   a   monthly 
average, except for the Great Lakes and connecting  waters,  where  chlorides 
shall not exceed 50 milligrams per liter as a monthly average.

  History:   1979 AC; 1984 AACS.


R 323.1053  Hydrogen ion concentration.
  Rule  53.   The  hydrogen  ion  concentration  expressed  as  pH  shall  be 
maintained within the range of 6.5 to 9.0 S.U. in all surface waters  of  the 
state, except for those waters where the background pH lies outside the range 
of 6.5 to 9.0 S.U.  Any requests to artificially induce a pH  change  greater 
than 0.5 S.U. in surface waters where the  background  pH  lies  outside  the 
range of 6.5 to 9.0  S.U.,  shall  be  considered  by  the  department  on  a 
case-by-case basis.

  History:  1979 AC; 1986 AACS; 2006 AACS.


R 323.1055  Taste- or odor-producing substances.
  Rule 55.  The surface waters of the state shall contain no  taste-producing 
or odor-producing substances in concentrations which  impair  or  may  impair 
their use for a public, industrial, or agricultural water  supply  source  or 
which impair the palatability of fish as measured by test procedures approved 
by the department.

  History:  1979 AC; 1986 AACS; 2006 AACS.

Rule in PDF Format
 R 323.1057 Toxic substances.


R  323.1058   Radioactive substances.
  Rule 58. The control and regulation of radioactive substances discharged to 
the waters of the state shall be pursuant to the  criteria,  standards,  or   
requirements   prescribed   by   the   United   States   nuclear   regulatory 
commission  in  10  C.F.R.  S20.1  et  seq.  and  by   the   United    States 
environmental protection agency.

  History:  1979 AC; 1986 AACS.


R 323.1060  Plant nutrients.
  Rule 60.  (1)  Consistent with Great Lakes protection, phosphorus which  is 
or may readily become available as a plant nutrient shall be controlled  from 
point source discharges to achieve 1 milligram per liter of total  phosphorus 
as a maximum monthly average  effluent  concentration  unless  other  limits, 
either  higher  or  lower,  are  deemed  necessary  and  appropriate  by  the 
department.
  (2)  In addition to the protection provided under subrule (1) of this rule, 
nutrients shall be limited to the extent necessary to prevent stimulation  of 
growths of aquatic rooted, attached, suspended, and floating plants, fungi or 
bacteria which are or may become injurious to  the  designated  uses  of  the 
surface waters of the state.

  History:  1979 AC; 1986 AACS; 2006 AACS.


R 323.1062  Microorganisms.
  Rule 62.  (1)  All surface waters of the state  protected  for  total  body 
contact recreation shall not contain more than 130 Escherichia coli (E. coli) 
per 100 milliliters, as a 30-day geometric mean.  Compliance shall  be  based 
on the geometric mean of all  individual  samples  taken  during  5  or  more 
sampling events representatively spread over a 30-day period.  Each  sampling 
event shall consist of 3 or more samples taken  at  representative  locations 
within a defined sampling area.  At no time shall the surface waters  of  the 
state protected for total body contact recreation contain more than a maximum 
of 300 E. coli per  100  milliliters.   Compliance  shall  be  based  on  the 
geometric mean of 3 or more samples taken during the same sampling  event  at 
representative locations within a defined sampling area.
  (2)  All surface waters of the state protected  for  partial  body  contact 
recreation shall not contain more than a maximum of 1,000  E.  coli  per  100 
milliliters.  Compliance shall be based on the geometric mean of  3  or  more 
samples, taken during the same sampling event,  at  representative  locations 
within a defined sampling area.
  (3)  Discharges containing treated or  untreated  human  sewage  shall  not 
contain more than 200 fecal coliform bacteria per 100 milliliters,  based  on 
the geometric mean of all of 5 or more samples taken over  a  30-day  period, 
nor more than 400 fecal coliform bacteria per 100 milliliters, based  on  the 
geometric mean of all of 3  or  more  samples  taken  during  any  period  of 
discharge not to exceed 7 days.  Other indicators  of  adequate  disinfection 
may be utilized where approved by the department.
  (4)  The department may suspend the provisions of subrule (3) of this rule, 
for the purpose of discharge permit issuance, from November 1  to  April  30, 
upon an adequate demonstration by the applicant that designated uses will  be 
protected.  At a minimum, the provisions of subrule (2) of this rule shall be 
met.
  (5)  Acceptable levels of infectious organisms that  are  not  specifically 
addressed by the provisions of subrules (1), (2), and (3) of this rule  shall 
be established by the department on  a  case-by-case  basis  to  assure  that 
designated uses are protected.

  History:  1979 AC; 1986 AACS; 1994 AACS; 2006 AACS.


R 323.1064  Dissolved oxygen in Great Lakes, connecting  waters,  and  inland 
streams.
  Rule 64.  (1)  A minimum of 7 milligrams per liter of dissolved  oxygen  in 
all Great Lakes and connecting waterways shall be maintained, and, except for 
inland lakes as prescribed in R 323.1065, a minimum of 7 milligrams per liter 
of dissolved oxygen shall be maintained at all times  in  all  inland  waters 
designated by these rules to be protected for coldwater fish.  In  all  other 
waters, except for inland lakes as prescribed by R 323.1065, a minimum  of  5 
milligrams  per  liter  of  dissolved  oxygen  shall  be  maintained.   These 
standards do not apply for a limited warmwater  fishery  use  subcategory  or 
limited  coldwater  fishery  use  subcategory  established  pursuant   to   R 
323.1100(11) or during those periods when the standards specified in  subrule 
(2) of this rule apply.
  (2)  Surface waters of the state which do not meet the standards set  forth 
in subrule (1) of this rule shall be upgraded to meet those  standards.   The 
department may issue permits pursuant to R 323.2145 which establish schedules 
to achieve the standards set forth in subrule (1)  of  this  rule  for  point 
source discharges to surface waters which do not meet the standards set forth 
in subrule (1) of this rule and which commenced discharge before December  2, 
1986.  For point source discharges which commenced before December  2,  1986, 
the dischargers may demonstrate to the department that the  dissolved  oxygen 
standards specified in subrule (1) of this rule are  not  attainable  through 
further feasible and prudent reductions  in  their  discharges  or  that  the 
diurnal variation between the  daily  average  and  daily  minimum  dissolved 
oxygen concentrations in those waters exceeds 1 milligram per liter,  further 
reductions in oxygen?consuming substances from such discharges  will  not  be 
required, except as necessary to meet the interim standards specified in this 
subrule, until comprehensive plans to upgrade these waters to  the  standards 
specified in subrule (1) of this rule have been approved  by  the  department 
and orders, permits, or other actions necessary  to  implement  the  approved 
plans have been issued by  the  department.   In  the  interim,  all  of  the 
following standards apply:
  (a)  For surface waters of the state designated for use for coldwater fish, 
except for inland lakes as prescribed in R  323.1065,  the  dissolved  oxygen 
shall not be lowered below a minimum of 6 milligrams per liter at the  design 
flow during the warm weather season in accordance with R 323.1090(2) and (3).
 At the design  flows  during  other  seasonal  periods,  as  provided  in  R 
323.1090(3), a minimum of 7 milligrams per liter  shall  be  maintained.   At 
flows greater than the design flows, dissolved oxygen shall  be  higher  than 
the respective minimum values specified in this subdivision.
  (b)  For surface waters of the state designated for use for warmwater  fish 
and other aquatic life, except for inland lakes as prescribed in R  323.1065, 
the dissolved oxygen shall not be lowered below a minimum of 4 milligrams per 
liter, or below 5 milligrams per liter as a daily average, at the design flow 
during the warm weather season in accordance with R 323.1090(3) and (4).   At 
the design flows during other seasonal periods  as provided in R 323.1090(3), 
a minimum of 5 milligrams per liter shall be  maintained.   At flows  greater 
than  the  design  flows,  dissolved  oxygen  shall   be   higher   than  the 
respective minimum values specified in this subdivision.
  (c)  For surface waters of the state designated for use for warmwater  fish 
and other aquatic life, but also designated as principal migratory routes for 
anadromous salmonids, except for inland lakes as prescribed  in  R  323.1065, 
the dissolved oxygen shall not be lowered below 5 milligrams per liter  as  a 
minimum during periods of migration.
  (3)  The department may cause  a  comprehensive  plan  to  be  prepared  to 
upgrade waters to the standards specified in subrule (1) of this rule  taking 
into consideration all factors affecting dissolved oxygen in these waters and 
the cost effectiveness of control measures to upgrade these waters and, after 
notice and  hearing,  approve  the  plan.   After  notice  and  hearing,  the 
department may amend a comprehensive plan  for  cause.   In  undertaking  the 
comprehensive planning effort the department shall provide for and  encourage 
participation by interested and impacted  persons  in  the  affected  area.
Persons  directly  or  indirectly  discharging  substances  which  contribute 
towards these waters not meeting the standards specified in  subrule  (1)  of 
this rule may be  required  after  notice  and  order  to  provide  necessary 
information to assist in the development or amendment  of  the  comprehensive 
plan.  Upon notice and order, permit, or  other  action  of  the  department, 
persons directly or indirectly discharging substances which contribute toward 
these waters not meeting the standards specified in subrule (1) of this  rule 
shall take the necessary actions consistent with the  approved  comprehensive 
plan to control these discharges to upgrade these  waters  to  the  standards 
specified in subrule (1) of this rule.

  History:  1979 AC; 1986 AACS; 2006 AACS.


R 323.1065  Dissolved oxygen; inland lakes.
  Rule 65.  (1)  The following standards for dissolved oxygen shall apply  to 
the lakes designated for coldwater fish in R 323.1100(4) and (6):
  (a)   In  stratified  coldwater   lakes   which   have   dissolved   oxygen 
concentrations less than 7 milligrams per liter in  the  upper  half  of  the 
hypolimnion, a minimum of 7 milligrams per liter dissolved  oxygen  shall  be 
maintained throughout the epilimnion and upper 1/3 of the thermocline  during 
stratification.   Lakes  capable  of   sustaining   oxygen   throughout   the 
hypolimnion shall maintain oxygen throughout the hypolimnion.  At  all  other 
times, dissolved oxygen concentrations greater than 7  milligrams  per  liter 
shall be maintained.
  (b)  Except for lakes described in subdivision  (c)  of  this  subrule,  in 
stratified coldwater lakes which have dissolved oxygen concentrations greater 
than 7 milligrams per liter in the upper half of the hypolimnion,  a  minimum 
of 7 milligrams per liter of dissolved oxygen  shall  be  maintained  in  the 
epilimnion, thermocline, and upper half of the hypolimnion.  Lakes capable of 
sustaining oxygen throughout the hypolimnion shall maintain oxygen throughout 
the hypolimnion.  At all other times, dissolved oxygen concentrations greater 
than 7 milligrams per liter shall be maintained.
  (c)   In  stratified  coldwater   lakes   which   have   dissolved   oxygen 
concentrations  greater  than  7  milligrams   per   liter   throughout   the 
hypolimnion, a  minimum  of  7  milligrams  per  liter  shall  be  maintained 
throughout the lake.
  (d)  In unstratified coldwater lakes, a minimum of 7 milligrams  per  liter 
of dissolved oxygen shall be maintained throughout the lake.
  (2)  For all other inland lakes not specified in subrule (1) of this  rule, 
during  stratification,  a  minimum  dissolved  oxygen  concentration  of   5 
milligrams per liter shall be maintained throughout the epilimnion.   At  all 
other times, dissolved oxygen concentrations greater than  5  milligrams  per 
liter shall be maintained.

  History:  1979 AC; 1986 AACS; 2006 AACS.


R 323.1069  Temperature; general considerations.
  Rule 69.   (1)   In  all  surface  waters  of  the  state,  the  points  of 
temperature measurement normally shall be in the surface  1  meter;  however, 
where turbulence, sinking plumes, discharge inertia or other phenomena  upset 
the natural thermal distribution patterns of  receiving  waters,  temperature 
measurements shall be required to identify the spatial characteristics of the 
thermal profile.
  (2)  Monthly  maximum  temperatures,  based  on  the  ninetieth  percentile 
occurrence of natural water temperatures plus the  increase  allowed  at  the 
edge of the mixing zone and in part on long?term physiological needs of fish, 
may be exceeded for short periods when natural water temperatures exceed  the 
ninetieth percentile occurrence.  Temperature increases during these  periods 
may be permitted by the department, but in all cases  shall  not  be  greater 
than the natural water temperature plus the increase allowed at the  edge  of 
the mixing zone.
  (3)  Natural daily and seasonal temperature fluctuations of  the  receiving 
waters shall be preserved.

  History:  1979 AC; 2006 AACS.


R  323.1070   Temperature of Great Lakes and connecting waters.
  Rule 70. (1) The Great Lakes and connecting waters shall  not   receive   a 
heat load which would warm the receiving water at the edge  of   the   mixing 
zone more than 3 degrees  Fahrenheit  above  the   existing   natural   water 
temperature.
  (2) The Great Lakes and connecting waters shall not receive  a  heat   load 
which would warm the receiving water at the edge of  the   mixing   zone   to 
temperatures in degrees  Fahrenheit  higher  than   the   following   monthly 
maximum temperature:
  (a) Lake Michigan north of a line due west from the city  of  Pentwater.

    J  F  M  A  M  J  J  A  S  O  N  D
    40 40 40 50 55 70 75 75 75 65 60 45

  (b) Lake Michigan south of a line due west from the city  of  Pentwater.

    J  F  M  A  M  J  J  A  S  O  N  D
    45 45 45 55 60 70 80 80 80 65 60 50

  (c) Lake Superior and the St. Marys river:

    J  F  M  A  M  J  J  A  S  O  N  D
    38 36 39 46 53 61 71 74 71 61 49 42

  (d) Lake Huron north of a line due east from Tawas point:

    J  F  M  A  M  J  J  A  S  O  N  D
    40 40 40 50 60 70 75 80 75 65 55 45

  (e) Lake Huron south of a line due east from Tawas  point,  except  Saginaw 
bay.

    J  F  M  A  M  J  J  A  S  O  N  D
    40 40 40 55 60 75 80 80 80 65 55 45

  (f) Lake Huron, Saginaw bay:

    J  F  M  A  M  J  J  A  S  O  N  D
    45 45 45 60 70 75 80 85 78 65 55 45

  (g) St. Clair river:

    J  F  M  A  M  J  J  A  S  O  N  D
    40 40 40 50 60 70 75 80 75 65 55 50

  (h) Lake St. Clair:

    J  F  M  A  M  J  J  A  S  O  N  D
    40 40 45 55 70 75 80 83 80 70 55 45

  (i) Detroit river:

    J  F  M  A  M  J  J  A  S  O  N  D
    40 40 45 60 70 75 80 83 80 70 55 45

  (j) Lake Erie:

    J  F  M  A  M  J  J  A  S  O  N  D

    45 45 45 60 70 75 80 85 80 70 60 50

  History:  1979 AC; 1986 AACS.


R  323.1072   Temperature; inland lakes; general standards.
  Rule 72. Inland lakes shall not receive a heat load which would:
  (a) Increase the  temperature  of  the  thermocline   or   hypolimnion   or 
decrease the volume thereof.
  (b) Increase the temperature of the receiving waters at the  edge  of   the 
mixing zone more than 3 degrees  Fahrenheit  above   the   existing   natural 
water temperature.
  (c) Increase the temperature of the receiving waters at the  edge  of   the 
mixing zone to temperatures greater than  the   following   monthly   maximum 
temperatures:

J   F M    A   M    J    J  A    S    O N    D

45  45 50   60   70   75   80  85   80  70 60   50


  History:  1979 AC.


R  323.1073   Temperature; inland lakes; anadromous  salmonid  migrations.
  Rule 73. Warmwater inland  lakes  which  serve   as   principal   migratory 
routes for anadromous salmonids shall  not  receive  a   heat   load   during 
periods of migration at such locations and in a manner  which  may  adversely 
affect salmonid migration or raise the receiving water  temperature  at   the 
edge of the mixing zone more than 3 degrees Fahrenheit  above  the   existing 
natural water temperature.

  History:  1979 AC.


R  323.1075   Temperature of rivers, streams, and impoundments.
  Rule 75. (1) Rivers, streams,  and  impoundments   naturally   capable   of 
supporting coldwater fish shall not receive a heat  load   which   would   do 
either of the following:
  (a) Increase the temperature of the receiving waters at the  edge  of   the 
mixing zone more than 2 degrees  Fahrenheit  above   the   existing   natural 
water temperature.
  (b) Increase the temperature of the receiving waters at the  edge  of   the 
mixing zone to temperatures greater than  the   following   monthly   maximum 
temperatures:

    J  F  M  A  M  J  J  A  S  O  N  D
    38 38 43 54 65 68 68 68 63 56 48 40

  (2) Rivers, streams, and impoundments naturally   capable   of   supporting 
warmwater fish shall  not  receive  a  heat  load  which   would   warm   the 
receiving water at the edge  of  the  mixing  zone  more   than   5   degrees 
Fahrenheit above the existing natural water temperature.
  (3) Rivers, streams, and impoundments naturally   capable   of   supporting 
warmwater fish shall  not  receive  a  heat  load  which   would   warm   the 
receiving water at the edge of the mixing  zone   to   temperatures   greater 
than the following monthly maximum temperatures:
  (a) For rivers, streams, and impoundments north of a   line   between   Bay 
City, Midland, Alma and North Muskegon:

    J  F  M  A  M  J  J  A  S  O  N  D
    38 38 41 56 70 80 83 81 74 64 49 39

  (b) For rivers, streams, and impoundments south of a   line   between   Bay 
City, Midland, Alma, and North Muskegon, except the St. Joseph river:

    J  F  M  A  M  J  J  A  S  O  N  D
    41 40 50 63 76 84 85 85 79 68 55 43

  (c) St. Joseph river:

    J  F  M  A  M  J  J  A  S  O  N  D
    50 50 55 65 75 85 85 85 85 70 60 50

  (4) Non-trout rivers and  streams  that  serve   as   principal   migratory 
routes for anadromous salmonids shall  not  receive  a   heat   load   during 
periods of migration at such locations and in a manner  which  may  adversely 
affect salmonid migration or raise the receiving water  temperature  at   the 
edge of the mixing zone more than 5 degrees Fahrenheit  above  the   existing 
natural water temperature.

  History:  1979 AC; 1986 AACS.


R 323.1082  Mixing zones.
  Rule 82.  (1)  A mixing zone is that portion of a water body  allocated  by 
the department where a point source or venting groundwater discharge is mixed 
with the surface waters of the state.  Exposure in  mixing  zones  shall  not 
result in deleterious effects to populations of aquatic life or wildlife.  As 
a minimum restriction, the final acute value (FAV) for aquatic life shall not 
be exceeded when determining a wasteload allocation (WLA) for  acute  aquatic 
life protection, unless it is determined by  the  department  that  a  higher 
level is acceptable or it can be demonstrated to the department that an acute 
mixing zone is acceptable consistent with subrule  (7)  of  this  rule.   The 
mixing zone shall not prevent the passage of fish or fish food organisms in a 
manner that would result in  adverse  impacts  on  the  immediate  or  future 
populations of the fish or fish food organisms.  The  area  of  mixing  zones 
shall be minimized.   To this end, devices for rapid  mixing,  dilution,  and 
dispersion are encouraged where practicable.
A watercourse or portions of a watercourse that,  without  1  or  more  point 
source discharges, would have no flow except during periods of surface runoff 
may be considered as a mixing zone for a point source  discharge.   A  mixing 
zone established in this manner shall not  apply  to  pollutants  of  initial 
focus specified in 40 C.F.R. §132 (1995) unless a site-specific determination 
under R 323.1057(2) has been conducted  that  shows  that  the  existing  and 
expected aquatic life in the watercourse will be adequately protected in  the 
absence of chronic aquatic life water quality values.
  (2)  Unless otherwise stated in  this  rule,  not  more  than  25%  of  the 
receiving water design flow for lotic systems, as stated  in  R  323.1090(2), 
shall be used when determining a whole effluent toxicity limit or a wasteload 
allocation for a toxic substance, in the absence of, or  consistent  with,  a 
total maximum daily load, unless it can be  demonstrated  to  the  department 
that the use of a larger volume is acceptable consistent with subrule (7)  of 
this rule.
  (3)  For ammonia and substances not included in subrule (2) of  this  rule, 
the design flow for lotic systems, as stated  in  R  323.1090(2)(a)  or  (3), 
shall be used when determining WLAs if the provisions in subrule (1) of  this 
rule are met, unless the department determines that a more restrictive volume 
is necessary.
  (4)  For all substances, physical mixing zone boundaries may be established 
and shall be determined by the department on a case-by-case basis.
  (5)  Mixing zones in the Great Lakes and inland lakes for  the  purpose  of 
determining WLAs and WET limits shall assume no greater dilution than 1  part 
effluent to 10 parts receiving water, unless it can be  demonstrated  to  the 
department that use of a larger volume is acceptable consistent with  subrule 
(7) of this rule.  Except for ammonia, a larger  mixing  zone  shall  not  be 
granted if it exceeds the area where discharge-induced mixing occurs.  Mixing 
zones established under this subrule for thermal discharges to meet the Great 
Lakes and inland lake requirements of R 323.1069, R 323.1070, R  323.1072,  R 
323.1073, and R 323.1075  shall  be  determined  by  the  department   on   a 
case-by-case basis. 
  (6)  In addition to subrules (1), (2), (4),  and  (5)  of  this  rule,  the 
following provisions are applicable to bioaccumulative chemicals  of  concern 
(BCCs) when establishing WLAs:
  (a)  There shall be no mixing zones available for new discharges of BCCs to 
the surface waters of the state.
  (b)  Mixing zones for BCCs may be allowed for existing  discharges  to  the 
surface waters of the state  through  November  14,  2010,  pursuant  to  the 
provisions of this rule.  After this date, except as provided in subdivisions 
(c) and (d) of this subrule, permits shall not  authorize  mixing  zones  for 
existing discharges of BCCs to the surface waters of the state, and WLAs  for 
such discharges shall be set equal to the most stringent water quality  value 
for that BCC.
  (c)  The department may grant mixing zones for any  existing  discharge  of 
BCCs to the surface waters of the state where it can be  demonstrated,  on  a 
case-by-case basis, that failure to grant a mixing zone would preclude  water 
conservation measures that would lead to overall load reductions in BCCs.
  (d)  Upon the request of an existing discharger of a  BCC  to  the  surface 
waters of the state, the department may grant mixing  zones  beyond  November 
14, 2010, based upon technical and economic considerations, subject to all of 
the following provisions:
  (i)  The department must determine that all of the following provisions are 
satisfied:
  (A)  The discharger is in compliance with, and will continue to  implement, 
all applicable technology-based treatment and  pretreatment  requirements  of 
the clean water act of 1972, as amended, 33 U.S.C. §§301, 302, 304, 306, 307, 
401, and 402, and is in compliance with its existing NPDES WQBELs,  including 
those based on a mixing zone.
  (B)  The discharger has reduced,  and  will  continue  to  reduce,  to  the 
maximum extent possible, the loading of the BCC for which a  mixing  zone  is 
requested, by the use  of  cost-effective  controls  or  pollution-prevention 
alternatives that  have  been  adequately  demonstrated  and  are  reasonably 
available to the discharger.
  (C)  The discharger has evaluated alternative means  of  reducing  the  BCC 
elsewhere in the watershed.
  (ii)  In making the determination in paragraph (i) of this subdivision, the 
department shall consider all of the following factors:
  (A)  The availability and feasibility,  including  cost  effectiveness,  of 
additional  controls  or  pollution  prevention  measures  for  reducing  and 
ultimately eliminating BCCs for the discharger, including additional controls 
or pollution prevention measures used by similar dischargers for reducing and 
ultimately eliminating BCCs.
  (B)   Whether  the  discharger  or   affected   communities   will   suffer 
unreasonable economic effects if the mixing zone is eliminated.
  (C)   The  extent  to  which  the  discharger  will  implement  an  ambient 
monitoring plan to ensure compliance with water quality values at the edge of 
any authorized mixing zone.
  (D)  Other information the department deems appropriate.
  (iii)  Any exceptions to the mixing zone elimination provision for existing 
discharges of BCCs granted pursuant to this subdivision shall comply with all 
of the following provisions:
  (A)  Not result in any less stringent limitations than the limitations that 
existed on July 29, 1997.
  (B)  Be limited to  1  permit  term  unless  the  department  makes  a  new 
determination in accordance with this  subrule  for  each  successive  permit 
application in which a mixing zone for the BCC is sought.
  (C)  Not likely jeopardize the continued existence  of  any  endangered  or 
threatened species listed or proposed  under  section  4  of  the  endangered 
species act or result in the  destruction  or  adverse  modification  of  the 
species' critical habitat.
  (iv)  For each draft NPDES permit that allows a mixing zone for a BCC after 
November 14, 2010, the NPDES fact sheet shall  specify  relevant  information 
used to establish the mixing zone, including the mixing  provisions  used  in 
calculating the permit limits and the identity of each BCC for which a mixing 
zone is proposed.
  (7)  For purposes of establishing a mixing zone other than as specified  in 
subrules (1), (2), and (5) of this rule, a mixing zone demonstration shall be 
submitted to the department for approval and all of the following  provisions 
apply:
  (a)  The mixing zone demonstration shall include all of the following:
  (i)  A description of the amount of dilution occurring at the boundaries of 
the proposed mixing zone and the size, shape, and location  of  the  area  of 
mixing, including the manner in which diffusion and dispersion occur.
  (ii)  For sources discharging to  the  Great  Lakes  and  inland  lakes,  a 
definition of the location at which discharge-induced mixing ceases.
  (iii)  Documentation of the substrate character within the mixing zone.
  (iv)  Confirmation that the mixing zone does not interfere  with  or  block 
the passage of fish or aquatic life.
  (v)  Confirmation that the mixing zone  would  not  likely  jeopardize  the 
continued existence  of  any  endangered  or  threatened  species  listed  or 
proposed under section 4 of the endangered  species  act  or  result  in  the 
destruction or adverse modification of the species' critical habitat.
  (vi)  Confirmation that the mixing zone does not extend to a  public  water 
supply source pursuant to R 323.1100(8).
  (vii)  Confirmation that the mixing  zone  would  not  interfere  with  the 
designated or existing uses of the receiving water or downstream waters.
  (viii)  Documentation of background water quality concentrations.
  (ix)  Confirmation that  the  mixing  zone  does  not  promote  undesirable 
aquatic life or result in a dominance of nuisance species.
  (x)   Confirmation  that,  by  allowing  additional  mixing/dilution,   the 
following will not occur:
  (A)  The formation of objectionable deposits.
  (B)  The concentration of floating debris, oil, scum, and other  matter  in 
concentrations that form nuisances.
  (C)  The production of objectionable color, odor, taste, or turbidity.
  (b)  The mixing zone demonstration shall also address all of the  following 
items:
  (i)  Whether or not adjacent mixing zones overlap.
  (ii)  Whether organisms would be attracted to  the  area  of  mixing  as  a 
result of the effluent character.
  (iii)  Whether the habitat supports endemic or naturally occurring species.
  (iv)  Why an increased mixing zone is necessary.
  (v)  Describe any pollution prevention  measures  that  were  evaluated  to 
eliminate the need for an increased mixing zone.
  (c)  The mixing zone demonstration shall be based on  the  assumption  that 
environmental fate or other physical, chemical, or biological factors do  not 
affect the concentration of the toxic substance in the water  column,  within 
the proposed mixing zone, unless both of the following occur:
  (i)  Scientifically valid  field  studies  or  other  relevant  information 
demonstrate that degradation of the toxic  substance  is  expected  to  occur 
during typical environmental conditions expected to be encountered.
  (ii)  Scientifically valid field  studies  or  other  relevant  information 
address other factors that affect the level of toxic substances in the  water 
column, including all of the following factors:
  (A)  Sediment release or resuspension.
  (B)  Chemical speciation.
  (C)  Biological and chemical transformation.

  History:  1979 AC; 1984 AACS; 1986 AACS; 1997 AACS; 2006 AACS.


R 323.1090  Applicability of water quality standards.
  Rule 90.  (1)  The requirements prescribed by these rules shall  not  apply 
within mixing zones, except for the requirements prescribed in R 323.1050, or 
as otherwise specified by these rules.
  (2)  Water quality  standards  prescribed  by  these  rules  are  minimally 
acceptable water quality conditions and shall apply at all flows equal to  or 
exceeding the design flows, except where the  department  determines  that  a 
more restrictive design flow is necessary. The design flows in lotic  systems 
shall be as follows:
  (a)  Unless otherwise stated in this rule, the design flow is equal to  the 
lowest of the 12 monthly 95% exceedance flows.  The 95%  exceedance  flow  is 
the flow equal to or exceeded 95% of the time for the specified month.
  (b)  For human health values, the design flow is equal to the harmonic mean 
flow.
  (c)  For wildlife values, the design flow is equal to the  90-day,  10-year 
low flow (90Q10).
  (3)  A maximum of 4 seasonal design flows may be granted  when  determining 
surface water effluent limitations for ammonia or substances not addressed by 
R 323.1057 if it is determined by the department that the use of such  design 
flows will protect water quality and be consistent with the protection of the 
public health, safety, and welfare.  The seasonal design flows shall  be  the 
lowest of the monthly 95% exceedance flow for the months in each season.
  (4)  Alternate design flows  may  be  used  for  intermittent  wet  weather 
discharges as necessary to protect the designated uses of the receiving water.

  History:  1979 AC; 1984 AACS; 1997 AACS; 2006 AACS.


R 323.1092   Applicability  of  water  quality  standards  to   dredging   or 
construction activities.
  Rule 92.  Unless the department determines, after consideration of dilution 
and dispersion, that such activities result in unacceptable  adverse  impacts 
on designated uses, the water quality standards  prescribed  by  these  rules 
shall not apply to dredging or construction  activities  within  the  surface 
waters of the state where such activities occur or during the periods of time 
when the aftereffects of dredging or construction  activities  degrade  water 
quality within such waters of  the  state,  if  the  dredging  operations  or 
construction activities have been authorized by the United States army  corps 
of engineers or the department.  The water  quality  standards  shall  apply, 
however, in nonconfined surface waters of the state utilized for the disposal 
of spoil  from  dredging  operations,  except  within  spoil  disposal  sites 
specifically defined by the United States army  corps  of  engineers  or  the 
department.

  History:  1979 AC; 1986 AACS; 2006 AACS.


R 323.1096  Determinations of compliance with water quality standards.
  Rule 96.  Analysis  of  the  surface  waters  of  the  state  to  determine 
compliance with the water quality standards prescribed by these  rules  shall 
be made pursuant to procedures outlined in 40 C.F.R. §136 (2000),  which  are 
adopted by reference in R 323.1117 or other methods prescribed or approved by 
the department.

  History:  1979 AC; 1986 AACS; 2006 AACS.


R 323.1097  Materials applications not subject to standards.
  Rule 97.  The  application  of  materials  for  water  resource  management 
projects pursuant to  state  statutory  provisions  is  not  subject  to  the 
standards prescribed by these rules, but all projects shall be  reviewed  and 
approved by the department before application.

  History:  1979 AC; 1986 AACS; 2006 AACS.


R 323.1098  Antidegradation.
  Rule 98.  (1)  This rule applies to any action or activity pursuant to part 
31 of Act No. 451 of the Public Acts of 1994, as amended, being §324.3101  et 
seq. of the Michigan Compiled Laws, that is anticipated to result in a new or 
increased loading of pollutants by any source to surface waters of the  state 
and for which independent regulatory authority  exists  requiring  compliance 
with water quality standards.
  (2)  For all waters, the  level  of  water  quality  necessary  to  protect 
existing uses shall be maintained and protected.  Where  designated  uses  of 
the water body are not attained, there shall be  no  lowering  of  the  water 
quality with respect to the pollutant or  pollutants  that  are  causing  the 
nonattainment.
  (3)  Where, for individual pollutants, the quality of the waters is  better 
than the water quality standards prescribed by these rules, that water  shall 
be considered high quality and that quality shall be maintained and protected 
unless allowing lower water quality is  necessary  to  accommodate  important 
economic or social development in the area in which the waters are located.
For high quality waters, no action resulting in the lowering of water quality 
shall occur unless the provisions of this rule have been complied with.
  (4)  A person applying for a control document in a high quality water or  a 
Lake Superior basin - outstanding international resource water for a  new  or 
increased loading of pollutants shall show  how  the  discharge  is  exempted 
under subrule (8) or (9) of this rule or provide a demonstration as follows:
  (a)  The applicant shall identify the social or  economic  development  and 
the benefits to the area in which  the  waters  are  located  that  would  be 
foregone if the new or increased loading of pollutants is not allowed.
The factors to be addressed may include any of the following:
  (i)  Employment increases.
  (ii)  Production level increases.
  (iii)  Employment reductions avoidance.
  (iv)  Efficiency increases.
  (v)  Industrial, commercial, or residential growth.
  (vi)  Environmental or public health problem corrections.
  (vii)  Economic or social benefits to the community.
  (b)  For discharges of BCCs that result from operations  at  the  facility, 
the applicant shall include an identification of the  alternatives  evaluated 
and  the  alternatives  to  be  implemented  to  comply  with  the  following 
requirements:
  (i)  The discharger shall minimize the new or increased loading of the  BCC 
by implementation of any cost-effective pollution prevention alternatives and 
techniques which have been adequately demonstrated and which  are  reasonably 
available to the discharger that would eliminate or significantly reduce  the 
new or increased loading of the BCC.
  (ii)  If pollution prevention alternatives implemented under paragraph  (i) 
of this subdivision do not eliminate the new or increased loading of the BCC, 
then  the  discharger  shall  evaluate  alternative  or  enhanced   treatment 
techniques which have been adequately demonstrated and which  are  reasonably 
available to the discharger that would eliminate the new or increased loading 
of the BCC and shall implement the  techniques  that  have  a  cost  that  is 
reasonable relative to the cost of treatment necessary to achieve  applicable 
effluent limitations.
  (iii)  If the new or increased loading is a point  source  discharge  to  a 
Lake Superior basin-outstanding international resource water  as  defined  in 
subrule (7) of this rule and if the BCC of concern is a  LSB-BSIC,  then  the 
requirements of paragraph (ii) of this subdivision  do  not  apply.   If  the 
pollution prevention alternatives implemented under  paragraph  (i)  of  this 
subdivision do not eliminate the new or increased loading of the LSB-BSIC  to 
a Lake Superior basin-outstanding  international  resource  water,  then  the 
discharger shall evaluate and implement the best technology  in  process  and 
treatment (BTPT) that would eliminate or reduce the new or increased  loading 
of the LSB-BSIC.  BTPT shall be the most advanced treatment techniques  which 
have been adequately demonstrated and which are reasonably available  to  the 
discharger.  However, innovative or experimental  technology  shall  also  be 
considered  if  proposed  by  the  discharger.   Upon  demonstration  by  the 
permittee, the requirement to implement BTPT may be waived by the  department 
for new or increased loadings of LSB-BSICs that occur as  trace  contaminants 
in  naturally  occurring  raw  materials  at  the  facility.   If  the   BTPT 
requirement is waived, then  the  requirements  of  paragraph  (ii)  of  this 
subdivision shall apply.
  (5)  If the department determines that  the  antidegradation  demonstration 
information from subrule (4) of  this  rule  shows  that  lowering  of  water 
quality is necessary to support important social and economic development  in 
the area and that, if applicable, BTPT will be  implemented  consistent  with 
subrule (4)(b)(iii) of this rule, then the  department  shall  authorize  the 
lowering of water quality through issuance of the control  document.   In  no 
event may this decision allow water quality to be lowered below  the  minimum 
level required to fully support the  designated  uses.   The  antidegradation 
demonstration shall be available to the public for review during  any  public 
comment period on the control document.
  (6)  If high quality water bodies are designated outstanding state resource 
waters (OSRW) by the department, then controls shall be applied on  pollutant 
sources to the OSRW or tributaries so that the water quality is  not  lowered 
in the OSRW.  A short-term, temporary, for example, weeks or months, lowering 
of water quality in the  OSRW  may  be  permitted  by  the  department  on  a 
case-by-case basis.  The following water bodies are designated as OSRWs:
  (a)  The following water bodies designated as wild rivers pursuant  to  the 
Michigan scenic rivers act of 1991, 16 U.S.C. §1271 et seq:
  (i)  The Carp river (Mackinac county) - the 7.5-mile segment from  Michigan 
state highway 123, T42N, R5W, section 2, to  1/4  of  a  mile  upstream  from 
forest development road 3119, T42N, R4W, section 4.
  (ii)  The Carp river (Mackinac county) - the 4.9-mile segment from 1/4 of a 
mile downstream of forest development road 3119, T42N,  R4W,  section  3,  to 
McDonald rapids.
  (iii)  The east branch of  the  Ontonagon  river  (Houghton  and  Ontonagon 
counties) - the 25.5-mile segment from  the  east  branch  of  the  Ontonagon 
river’s confluence with an unnamed stream in T48N, R37W, section 30,  to  the 
Ottawa national forest boundary, T50W, R38W, section 33.
  (iv)  The middle branch of the Ontonagon river  (Ontonagon  county)  -  the 
17.4-mile segment from Trout creek, T48N, R38W, section 20,  to the  northern 
boundary of the Ottawa national forest, T50N, R39W, section 12.
  (v)  The Sturgeon river (Baraga and  Houghton  counties)  -  the  16.5-mile 
segment from the Sturgeon river’s entry  into  the  Ottawa  national  forest, 
T48N, R35W, section 12, to Prickett lake.
  (vi)  The east branch of the Tahquamenon  river  (Chippewa  county)  -  the 
3.2-mile segment from the center of T46N, R6W, section 20, to the boundary of 
the Hiawatha national forest, T46N, R6W, section 19.
  (vii)  The Yellow Dog river (Marquette county) - the  4-mile  segment  from 
the Yellow Dog river’s origin at the outlet of Bulldog lake dam, T50N,  R29W, 
section 31, to the boundary  of  the  Ottawa  national  forest,  T50N,  R29W, 
section 17.
  (b)  The main, north, south, east, and west  branches  of  the  Two-Hearted 
river and Dawson creek from their headwaters to the mouth  of  the  river  at 
Lake Superior, which are designated as wilderness rivers pursuant to part 305 
of Act No. 451 of the Public Acts of 1994, as amended,  being  §324.30501  et 
seq. of the Michigan Compiled Laws.
  (c)  Water  bodies  within  the  designated  boundaries  of  the  following 
national parks or national lakeshores:
  (i)  Sleeping bear dunes national lakeshore.
  (ii)  Pictured rocks national lakeshore.
  (iii)  Isle royale national park.
  (7)  All surface waters of the Lake Superior basin that are not  identified 
as OSRWs are designated as Lake Superior basin  -  outstanding  international 
resource waters (LSB-OIRW).  Under the LSB-OIRW designation, new or increased 
loadings of any LSB-BSIC from point sources to the surface waters of the Lake 
Superior basin are prohibited unless  the  new  or  increased  loading  of  a 
LSB-BSIC is consistent with the requirements of this rule.
  (8)  Except for water bodies designated as OSRWs, or as the department  may 
determine on a case-by-case basis that the application of the  procedures  in 
this rule are required to adequately protect water quality, the following  do 
not constitute a lowering of water quality.
  (a)  The short-term, temporary, for example, weeks or months,  lowering  of 
water quality.
  (b)  Bypasses that are not prohibited by regulations set forth in 40 C.F.R.
§122.41(m) (1995).
  (c)   Response  actions  undertaken  to  alleviate  a  release   into   the 
environment of pollutants that may pose an imminent and substantial danger to 
the public health or welfare under any of the following:
  (i)  The comprehensive environmental response, compensation  and  liability 
act of 1980, (CERCLA), as amended, 42 U.S.C. §9601 et seq.
  (ii)  The resource conservation and  resource  recovery  act  of  1976,  as 
amended, 42 U.S.C. §6901 et seq.
  (iii)  Part 201 of Act No. 451 of the Public  Acts  of  1994,  as  amended, 
being §§324.20101 to 324.20141 of the Michigan Compiled Laws.
  (iv)  Part 213 of Act No. 451 of the Public Acts of 1994, as amended, being 
§§324.21301 to 324.21331 of the Michigan Compiled Laws.
  (v)  Part 31 of Act No. 451 of the Public Acts of 1994, as  amended,  being 
§§324.3101 to 324.3119 of the Michigan Compiled Laws.
  (d)  Discharges of pollutant quantities from the intake water at a facility 
proposing a new or increased loading  of  a  pollutant,  if  the  intake  and 
discharge are on the same body of water.
  (e)  Increasing the sewered area, connecting new sewers and  customers,  or 
accepting trucked-in wastes, such as septage and holding tank  wastes,  by  a 
publicly owned treatment works, if the increase is within the design flow  of 
the facility, there is no increased loading due to nondomestic wastes from  a 
significant industrial user for BCCs that are not specifically limited in the 
current  permit,  and  there  is  no  significant  change  expected  in   the 
characteristics of the wastewater collected.
  (f)  Intermittent increased loadings related to wet-weather conditions.
  (g)  New or increased loadings due to implementation of department-approved 
industrial or municipal controls  on  wet-weather  related  flows,  including 
combined sewer overflows and industrial storm water.
  (h)  New or increased loadings authorized by certificates of coverage under 
NPDES  general  permits  and  notices  of  coverage  for  storm  water   from 
construction activities.
  (i)  Increased non-BCC loadings within the authorized levels of a limit  in 
an existing control document.
  (j)  Increased BCC loadings within the authorized levels of a limit  in  an 
existing control document, except for those BCC  loadings  that  result  from 
actions by the  permittee  that  would  otherwise  require  submittal  of  an 
increased use request.
  (k)  New or increased loadings at a site  where  there  is  a  simultaneous 
enforceable  decrease  in  the  allowed  loading  of  the   pollutant   under 
consideration from sources contributing to the  receiving  water  body,  such 
that there is no net increase in the loading of the pollutant  to  the  water 
body at that site consistent with trading rules established by the department.
  (9)  Except for water bodies designated as  OSRWs,  the  following  do  not 
constitute a lowering of water quality:
  (a)  Increased loadings within the existing capacity and processes that are 
covered by the existing applicable control document, including the following:
  (i)  Normal operational variability.
  (ii)  Changes in intake water pollutants.
  (iii)  Increasing the production hours of the facility, for example, adding 
a second shift.
  (iv)  Increasing the rate of production.
  (b)  Changes in a control document that are not  a  result  of  changes  in 
pollutant loading, but are the result of any of the following:
  (i)  Improved monitoring data.
  (ii)  New or improved analytical methods or sensitivity.
  (iii)  New or modified water quality values.
  (c)  Increased loadings of a pollutant which do not involve a BCC and which 
use less than 10% of the unused loading capacity that exists at the  time  of 
the request.

  History:  1979 AC; 1986 AACS; 1997 AACS; 1999 AACS.


R  323.1099   Rescinded.

  History:  1986 AACS; 1997 AACS.


R 323.1100  Designated uses.
  Rule 100.  (1)   At  a  minimum,  all  surface  waters  of  the  state  are 
designated and protected for all of the following uses:
  (a)  Agriculture.
  (b)  Navigation.
  (c)  Industrial water supply.
  (d)  Warmwater fishery.
  (e)  Other indigenous aquatic life and wildlife.
  (f)  Partial body contact recreation.
  (g)  Fish consumption.
  (2)  All surface waters of the state are designated and protected for total 
body contact recreation from May 1 to  October  31  in  accordance  with  the 
provisions  of  R  323.1062.   Total  body  contact  recreation   immediately 
downstream of wastewater  discharges,  areas  of  significant  urban  runoff, 
combined sewer  overflows,  and  areas  influenced  by  certain  agricultural 
practices is contrary to prudent public health  and  safety  practices,  even 
though water quality standards may be met.
  (3)  If designated uses are interrupted due to uncontrollable circumstances 
during  or  following  flood  conditions,  accidental  spillages,  or   other 
emergencies, then notice shall  be  served  upon  entities  affected  by  the 
interruption in accordance with procedures established by  the  department.
Prompt corrective action shall be taken by  the  discharger  to  restore  the 
designated uses.
  (4)  All inland lakes identified in  the  publication  entitled  "Coldwater 
Lakes of Michigan," as  published  in  1976  by  the  department  of  natural 
resources, are designated and protected for coldwater fisheries.
  (5)  All Great Lakes and their connecting waters,  except  for  the  entire 
Keweenaw waterway, including Portage lake,  Houghton  county,  and  Lake  St.
Clair, are designated and protected for coldwater fisheries.
  (6)  All lakes listed in the publication entitled "Designated  Trout  Lakes 
and  Regulations,"  issued  September  10,  1998,  by  the  director  of  the 
department of natural resources under the authority of part 411  of  1994  PA 
451, MCL 324.41101 et  seq.,  are  designated  and  protected  for  coldwater 
fisheries.
  (7)  All waters  listed  in  the  publication  entitled  "Designated  Trout 
Streams for the State of Michigan," Director's Order No. DFI-101.97,  by  the 
director of the department  of  natural  resources  under  the  authority  of 
section 48701(m)  of  1994  PA  451,  MCL  324.48701(m)  are  designated  and 
protected for coldwater fisheries.
  (8)  All surface waters of the state that are identified in the publication 
"Public Water Supply Intakes  in  Michigan,"  dated  December  9,  1999,  are 
designated and protected as public water supply sources at the point of water 
intake and in such contiguous areas as the department may determine necessary 
for assured protection.  In addition, all Michigan waters of the Great  Lakes 
and connecting waters shall meet the human cancer and human noncancer  values 
for drinking water established pursuant to R 323.1057(4).  The requirement to 
meet the human cancer and human noncancer values for drinking water shall not 
apply to pollutant loadings from a tributary in an  area  where  a  tributary 
mixes with the Great Lake, connecting water, or a  waterbody  that  has  been 
designated for use as a public water supply source, unless a water intake was 
located in this area on April 2, 1999.
  (9)  Water quality of all surface waters of the state serving as  migratory 
routes for anadromous salmonids shall be protected  as  necessary  to  assure 
that migration is not adversely affected.
  (10)  Effluent discharges to wetlands that result in water quality that  is 
inconsistent with that prescribed by these rules may be permitted after a use 
attainability analysis shows that designated  uses  are  not  and  cannot  be 
attained and shows that attainable uses will be protected.
  (11)   After  completion  of  a  comprehensive  plan  developed   under   R 
323.1064(3), upon  petition  by  a  municipality  or  other  person,  and  in 
conformance with the requirements of 40 C.F.R. §131.10 (1995), designation of 
uses, which are adopted by  reference  in  R  323.1117,  the  department  may 
determine  that   attainment   of   the   dissolved  oxygen  standards  of  R 
323.1064(1) is not feasible and designate,  by  amendment  to  this  rule,  a 
limited warmwater fishery use subcategory  of  the  warmwater fishery use  or 
a limited  coldwater  fishery  use  subcategory  of  coldwater fishery use.   
For  waters  so  designated,  the  dissolved  oxygen  standards specified  in 
the  provisions  of  R  323.1064(2)  and  all  other  applicable standards of 
these rules apply.  For   waters   so   designated,   the   dissolved  oxygen 
standards specified in R 323.1064(1) do not apply.  Not less  than   60  days 
before a municipality or other person files  a  petition  pursuant  to   this 
subrule, a petitioner shall provide written notice to the department and  the 
clerk of the municipalities in which the affected waters are located  of  the 
petitioner's intent to file a petition.

  History:  1979 AC; 1986 AACS; 1994 AACS; 1996 AACS; 1997 AACS; 1999 AACS;
2006 AACS.


R 323.1103 Variances.
  Rule 103. (1) A variance may be granted from  any  water  quality  standard 
(WQS) that is the basis of a water quality-based  effluent  limitation  in  a 
national pollutant discharge elimination system (NPDES) permit, as restricted 
by the following provisions:
  (a) A WQS variance applies only to the permittee or  permittees  requesting 
the variance and only  to  the  pollutant  or  pollutants  specified  in  the 
variance.  The variance does not modify the water quality standards  for  the 
water body as a whole.
  (b) A variance shall not apply  to  new  dischargers  unless  the  proposed 
discharge is necessary to alleviate an imminent and substantial danger to the 
public health or welfare.
  (c) A WQS variance shall not be granted that would  likely  jeopardize  the 
continued existence of any endangered  or  threatened  species  listed  under 
section 4 of the endangered species act  or  result  in  the  destruction  or 
adverse modification of the species’ critical habitat.
  (d) A WQS variance shall not be granted if the standard  in  the  receiving 
water will be attained by implementing the treatment technology  requirements 
under the clean water act of 1972, as amended, 33 U.S.C.
§§301(b) and 306, and  by  the  discharger  implementing  cost-effective  and 
reasonable best management practices for  nonpoint  sources  over  which  the 
discharger has control within the vicinity of the facility.
  (e) The duration of a WQS variance shall not exceed the term of  the  NPDES 
permit.  If the time frame of the variance is the same as  the  permit  term, 
then the variance shall stay in  effect  until  the  permit  is  reissued  or 
revoked.
  (2) A variance  may  be  granted  if  the  permittee  demonstrates  to  the 
department that attaining the WQS is not feasible for any  of  the  following 
reasons:
  (a) Naturally occurring pollutant concentrations prevent the attainment  of 
the WQS.
  (b) Natural, ephemeral, intermittent,  or  low  flow  conditions  or  water 
levels prevent the attainment of the WQS.
  (c) Human-caused conditions or sources of pollution prevent the  attainment 
of the WQS and cannot be remedied or more environmental damage would occur in 
correcting the conditions or sources of pollution than would occur by leaving 
the conditions or sources in place.
  (d) Dams, diversions, or other types of hydrologic  modifications  preclude 
the attainment of the WQS, and it is not feasible to restore the  water  body 
to its original condition or to operate the modification in a way that  would 
result in the attainment of the WQS.
  (e) Physical conditions related to the natural features of the  water  body 
preclude attainment of WQS.
  (f) Controls more stringent than the treatment technology  requirements  in 
the clean water act of 1972, as amended, 33 U.S.C.  §§301(b)  and  306  would 
result in unreasonable  economic  effects  on  the  discharger  and  affected 
communities.
  (3) In addition to  the  requirements  of  subrule  (2)  of  this  rule,  a 
permittee shall do both of the following:
  (a) Show that  the  variance  requested  conforms  to  the  antidegradation 
demonstration requirements of R 323.1098
  (b) Characterize the extent of any increased risk to human health  and  the 
environment associated with granting the variance  compared  with  compliance 
with WQS without the variance  in  a  way  that  enables  the  department  to 
conclude that the increased risk is consistent with  the  protection  of  the 
public health, safety, and welfare.
  (4) A permittee may request a variance when a NPDES permit  application  is 
submitted or during permit development.   A  variance  request  may  also  be 
submitted with a request for a permit modification.  The variance request  to 
the department shall include the following information:
  (a) All relevant information which demonstrates that attaining the  WQS  is 
not feasible based on 1 or more of the conditions in subrule (2) of this rule.
  (b) All relevant information which demonstrates compliance with subrule (3) 
of this rule.
  (5) The variance request shall be available to the public for review during 
the public comment  period  on  the  draft  NPDES  permit.   The  preliminary 
decision regarding the variance shall be included in the public notice of the 
draft NPDES permit.  The department will notify the other Great Lakes  states 
of the preliminary variance decision.
  (6) If the department determines, based on the conditions of  subrules  (2) 
and (3) of this rule, that the variance request demonstrates  that  attaining 
the WQS is not feasible, then the department  shall  authorize  the  variance 
through  issuance  of  the  NPDES  permit.   The  permit  shall  contain  all 
conditions needed to implement the variance, including, at a minimum, all  of 
the following conditions:
  (a) That compliance with an effluent  limitation  that,  at  the  time  the 
variance is  granted,  represents  the  level  currently  achievable  by  the 
permittee.  For an existing discharge, the effluent limitation  shall  be  no 
less stringent than that achieved under the previous permit.
  (b) That reasonable progress be made in effluent quality  toward  attaining 
the water quality standards.  If the variance is  approved  for  any  BCC,  a 
pollutant  minimization  program  shall  be  conducted  consistent  with  the 
provisions in paragraphs (i) through (iv) of R  323.1213(d).  The  department 
shall consider cost-effectiveness during the development  and  implementation 
of the pollutant minimization program.
  (c) That if the duration of a variance is shorter than the  duration  of  a 
permit, then compliance with an effluent limitation  that  is  sufficient  to 
meet the underlying  water  quality  standard  shall  be  achieved  when  the 
variance expires.
  (7) The department shall deny a variance  request  through  action  on  the 
NPDES permit if a permittee fails to make the demonstrations  required  under 
subrules (2) and (3) of this rule.
  (8) A variance may be renewed, subject to the requirements of subrules  (1) 
through (7) of this rule.  As part of any renewal  application,  a  permittee 
shall again demonstrate that attaining WQS  is  not  feasible  based  on  the 
requirements of subrules (2) and (3) of this rule.  A permittee’s application 
shall also contain information concerning the permittee’s compliance with the 
conditions incorporated into the permittee’s permit as part of  the  original 
variance pursuant to subrule (6) of this rule.
  (9) Notwithstanding the provision in  subrule  (1)(a)  of  this  rule,  the 
department may  grant  multiple  discharger  variances.   If  the  department 
determines that a  multiple  discharger  variance  is  necessary  to  address 
widespread WQS  compliance  issues,  including  the  presence  of  ubiquitous 
pollutants or naturally high background levels of pollutants in a  watershed, 
then the department may waive  the  variance  demonstration  requirements  in 
subrules (2), (3), and (4) of this rule.  A permittee that is included in the 
multiple discharger variance will be subject to the  permit  requirements  of 
subrule (6) of this rule if it is determined under R 323.1211 that  there  is 
reasonable  potential  for  the  pollutant  to  exceed  a  permit  limitation 
developed under to R 323.1209.

   History: 1997 AACS.


R 323.1105  Multiple designated uses.
  Rule 105.  When a particular portion of the surface waters of the state  is 
designated for more than 1 use, the most restrictive water quality  standards 
for 1 or more of those designated uses shall apply to that portion.

  History:  1979 AC; 2006 AACS.


R 323.1116  Availability of documents.
  Rule 116.  The following documents referenced in this  part  are  available 
for inspection at, and may be obtained at no cost from, the Lansing Office of 
the Department of Environmental Quality, P.O. Box 30273,  Lansing,   Michigan 
48909-7773:
  (a)  "Designated Trout Lakes and Regulations," September 10, 1998.
  (b)  "Coldwater Lakes of Michigan," August 1976.
  (c)  "Designated Trout Streams for the State of Michigan," Director's Order 
No. DFI-101.97.
  (d)  "Public Water Supply Intakes in Michigan," December 9, 1999.

  History:  1979 AC; 1984 AACS; 1986 AACS; 1994 AACS; 1996 AACS; 1997 AACS;
1999 AACS; 2006 AACS.


R 323.1117  Adoption of standards by reference.
  Rule 117.  All of the following standards are adopted by reference in these 
rules.  Copies are available for inspection at  the  Lansing  office  of  the 
Department of Environmental Quality, may be obtained from the  Department  of 
Environmental Quality, P.O. Box 30273, Lansing,  Michigan  48909-7773,  at  a 
cost as of the time of adoption of these rules of 5  cents  per  page  and  a 
labor rate of $20.18 per hour, or may be otherwise obtained as indicated:
  (a)  "Guidelines Establishing Test Procedures for Analysis of  Pollutants," 
40  C.F.R.  §136  et  seq.  (2000).   Copies  may  be   obtained   from   the 
Superintendent of Documents, Government  Printing  Office,   Washington,   DC 
20402, at a cost as of the time of adoption of these rules of $61.00, or  via 
the internet at http://www.access.gpo.gov/nara.
  (b)  "Standards for Protection Against Radiation," 10 C.F.R.  §20  et  seq.
(1995).  Copies  may  be  obtained  from  the  Superintendent  of  Documents, 
Government Printing Office, Washington, DC  20402, at a cost as of  the  time 
of  adoption  of  these  rules  of   $61.00,   or   via   the   internet   at 
http://www.access.gpo.gov/nara.
  (c)  "Designation of Uses,"  40  C.F.R.  §131.10  (1995).   Copies  may  be 
obtained from the  Superintendent of Documents, Government  Printing  Office, 
Washington, DC  20402, at a cost as of the time of adoption of these rules of 
$43.00, or via the internet at http://www.access.gpo.gov/nara.
  (d)  "Standard Guide for Conducting Bioconcentration Tests with Fishes  and 
Saltwater Bivalve Molluscs" ASTM standard E 1022-94,  1994.   Copies  may  be 
obtained from the American Society for Testing and Materials, 100 Barr Harbor 
Drive, West Conshohocken, Pennsylvania  19428-2959, at a cost as of the  time 
of adoption of these rules of $45.60.
  (e)  "Conditions Applicable to all Permits," 40 C.F.R. §122.41(m) (1995).
Copies may be obtained  from  the  Superintendent  of  Documents,  Government 
Printing Office, Washington, DC  20402, at a cost as of the time of  adoption 
of    these    rules    of    $43.00,    or    via    the     internet     at 
http://www.access.gpo.gov/nara.
  (f)  Gobas, F.A.P.C. 1993.  "A Model for Predicting the Bioaccumulation  of 
Hydrophobic Organic Chemicals in  Aquatic  Foodwebs:   Applications  to  Lake 
Ontario," Ecological Modeling, volume 69, pages 1 to 17.
 (g)  Howe, R.B., K.S. Crump, and C. Van Landingham (1986),  Global  '86,  "A 
Computer Program to Extrapolate Quantal Animal Toxicity Data to  Low  Doses," 
United States EPA, Research Triangle Institute, K.S. Crump and Company, Inc.
  (h)  "Table 6. - Pollutants of Initial  Focus  in  the  Great  Lakes  Water 
Quality Initiative," 40 C.F.R. §132 (1995).  Copies may be obtained from  the 
Superintendent of  Documents,  Government  Printing  Office,  Washington,  DC 
20402, at a cost as of the time of adoption of these rules of $43.00, or  via 
the internet at http://www.access.gpo.gov/nara.
  (i)  "Water Quality Standards  Handbook,  Second  Edition,  Section  3.7  - 
Site-specific Aquatic Life Criteria," EPA-823-b-94-005a, August 1994.  Copies 
may  be  obtained  from  the  National  Service  Center   for   Environmental 
Publications, P.O.  Box  42419,  Cincinnati,  Ohio  45242-0419,  or  via  the 
internet at http://www.epa.gov/ncepihom/index.htm , at no cost.
  (j)  "Recommendations for and Documentation of Biological Values for use in 
Risk Assessment," United States EPA, EPA/600/6-87/008, 1988.
  (k)  "Minimum Data Requirements," 40 C.F.R.  §132,  Appendix  C,  Item  II, 
(1995).  Copies  may  be  obtained  from  the  Superintendent  of  Documents, 
Government Printing Office, Washington, DC 20402, at a cost as of the time of 
adoption   of   these   rules   of   $43.00,   or   via   the   internet   at 
http://www.access.gpo.gov/nara.
  (l)   "Registry  of  Toxic   Effects   of   Chemical   Substances   (RTECS) 
Comprehensive Guide to the RTECS," Publication Number 97-119,  United  States 
Department of Health and Human Services, National Institute for  Occupational 
Safety and Health, July 1997.  Copies  may  be  obtained  from  the  National 
Institute for Occupational and Institutional Health, 4676  Columbia  Parkway, 
C13,    Cincinnati,    OH    45226,    or     via     the     internet     at 
http://www.cdc.gov/niosh/97-119.html, at no cost.
  (m) United States EPA (2001), "Streamlined Water-Effect Ratio Procedure for 
Discharges of Copper", EPA-822-R-01-005, March 2001.  Copies may be  obtained 
from the National Service Center for  Environmental  Publications,  P.O.  Box 
42419,   Cincinnati,   Ohio   45242-0419,   or   via    the    internet    at 
http://www.epa.gov/waterscience/criteria/copper, at no cost.

  History:  1994 AACS; 1997 AACS; 2006 AACS.