| (i) Aquatic life uses and habitat. Vegetative and physical
components of the aquatic environment must be maintained or mitigated
to protect aquatic life uses. Procedures to protect habitat in permits
for dredge and fill are specified in Federal Clean Water Act, §404
and in Chapter 279 of this title (relating to Water Quality Certification).
(j) Aquatic recreation.
(1) Existing, designated, presumed, and attainable
uses of aquatic recreation must be maintained, as determined by criteria
that indicate the potential presence of pathogens. Categories of recreation
and applicable criteria are established in §307.7(b)(1) of this
title.
(2) Recreational use categories and criteria for classified
segments are specified in Appendix A of §307.10 of this title.
Site-specific recreational use categories and criteria for selected
unclassified water bodies are specified in Appendix G of §307.10
of this title. Where justified by sufficient site-specific information,
recreational uses and criteria that differ from §307.7(b)(1)
of this title may be adopted for a particular water body in §307.10
of this title. For water bodies not specifically listed in Appendix
A or Appendix G of §307.10 of this title, the following recreational
uses are presumed to apply.
(A) Primary contact recreation 1. Primary contact recreation
1 is presumed for lakes, reservoirs, and tidal water bodies. Primary
contact recreation 1 is presumed to apply to intermittent streams,
intermittent streams with perennial pools, nontidal wetlands, and
perennial freshwater streams and rivers, except where site-specific
information indicates that recreational activities that involve a
significant risk of ingestion have little to no likelihood of occurring,
in accordance with subparagraph (C) of this paragraph.
(B) Primary contact recreation 2. No water body is
presumed to have a use of primary contact recreation 2. This use is
applicable when designated for an individual water body as listed
in Appendix A or G in §307.10 of this title. Primary contact
recreation 2 applies to water bodies where water recreation activities
that involve a significant risk of ingestion of water occur, but less
frequently than for primary contact recreation 1 due to:
(i) physical characteristics of the water body; or
(ii) limited public access.
(C) Secondary contact recreation 1. Secondary contact
recreation 1 applies to water bodies where water recreation can occur,
but the nature of the recreation does not involve a significant risk
of ingestion. Secondary contact recreation 1 applies to intermittent
and perennial freshwaters where site-specific information demonstrates
that primary contact recreation 1 or 2 have little to no likelihood
of occurring. At a minimum, the following characteristics must be
demonstrated for a presumed use of secondary contact recreation 1
to apply:
(i) during dry weather flows, the average depth at
the thalweg (mid-channel) is less than 0.5 meters and there are not
substantial pools with a depth of 1 meter or greater; and
(ii) there are no existing recreational activities
that create a significant risk of ingestion or uses for primary contact
recreation 1 or 2.
(D) Secondary contact recreation 2. Secondary contact
recreation 2 applies to water bodies where water recreation activities
do not involve a significant risk of water ingestion and where activities
occur less frequently than for secondary contact recreation 1 due
to physical characteristics of the water body or limited public access.
No water body is presumed to have a use of secondary contact recreation
2. This use is applicable when designated for an individual water
body as listed in Appendix A or G in §307.10 of this title.
(E) Noncontact recreation. Noncontact recreation applies
to water bodies where recreation activities do not involve a significant
risk of water ingestion and where primary and secondary contact recreation
uses should not occur because of unsafe conditions. No water body
is presumed to have a use of noncontact recreation. This use is applicable
when designated for an individual water body as listed in Appendix
A or G in §307.10 of this title.
(3) Assigning recreational uses to an unclassified
water body.
(A) Applying presumed uses. Recreational uses and associated
numerical criteria are assigned to an unclassified water body in accordance
with the presumed uses and guidelines established in paragraph (2)
of this subsection. To assign uses other than primary contact recreation
1, a reasonable level of inquiry is conducted to determine if a different
presumed use is appropriate for a particular water body. A reasonable
level of inquiry includes review of available relevant information
or completed site surveys.
(B) Assigning presumed uses. Presumed uses of primary
contact recreation 1 and secondary contact recreation 1 can be assigned
to an individual water body for regulatory action without individually
designating the recreational use and criteria in Appendix G in §307.10
of this title. Regulatory action may include issuing Texas Pollutant
Discharge Elimination System permits, revising the list of impaired
water bodies under Clean Water Act, §303(d), or setting and implementing
a total maximum daily load. The presumed secondary contact recreation
1 use is included in the public notice of a regulatory action that
could affect recreational water quality, and the assigned recreational
uses are subject to applicable public comment and approval by the
United States Environmental Protection Agency (EPA). For tracking
purposes, presumed recreational uses that have been determined to
be less stringent than primary contact recreation 1 are noted in a
publicly available list such as the EPA's Water Quality Standards
Repository prior to a water quality standards revision. Presumed uses
that have been determined for particular water bodies are listed in
Appendix G in §307.10 of this title when the water quality standards
are revised.
(C) Assigning a use less stringent than presumed use.
A recreational use that is less stringent than the applicable presumed
use can only be assigned to an individual water body for a regulatory
action after that use is approved by the EPA and designated in Appendix
A or G in §307.10 of this title. Support for designating a use
less stringent than an applicable presumed use requires a use-attainability
analysis (UAA). 40 Code of Federal Regulations §131.1(g) lists
six reasons for a change in use in a water body. At least one of these
reasons must be included in the UAA.
(k) Antidegradation. Nothing in this section is intended
to be construed or otherwise used to supersede the requirements of §307.5
of this title (relating to Antidegradation).
(l) Assessment of unclassified waters for aquatic life
uses. Waters that are not specifically listed in Appendices A or D
of §307.10 of this title are assigned the specific uses that
are attainable or characteristic of those waters. Upon administrative
or regulatory action by the commission that affects a particular unclassified
water body, the characteristics of the affected water body must be
reviewed by the commission to determine which aquatic life uses are
appropriate. Additional uses so determined must be indicated in public
notices for discharge applications. Uses that are not applicable throughout
the year in a particular unclassified water body are assigned and
protected for the seasons where such uses are attainable. Initial
determinations of use are considered preliminary, and in no way preclude
redeterminations of use in public hearings conducted under the provisions
of the Texas Water Code. For unclassified waters where the presumed
minimum uses or criteria specified in this section are inappropriate,
site-specific standards may be developed in accordance with §307.2(d)
of this title (relating to Description of Standards). Uses and criteria
are assigned in accordance with this section and with §307.7(b)(3)
of this title. Procedures for assigning uses and criteria are described
in the standards implementation procedures.
(m) pH. Consistent with §307.1 of this title,
pH levels in all surface water in the state must be maintained so
as to not interfere with the reasonable use of such waters.
|
| Source Note: The provisions of this §307.4 adopted to be effective July 10, 1991, 16 TexReg 3400; amended to be effective July 13, 1995, 20 TexReg 4701; amended to be effective April 30, 1997, 22 TexReg 3712; amended to be effective August 17, 2000, 25 TexReg 7722; amended to be effective July 22, 2010, 35 TexReg 6294; amended to be effective March 6, 2014, 39 TexReg 1450 |
