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Amendments to 18 AAC 70 (Water Quality Standards) to Clarify the Application of State Water Quality Standards

The Public Comment period for this regulation is closed.

The Alaska Department of Environmental Conservation (DEC), Division of Water proposes to amend regulations in 18 AAC 70 and 18 AAC 83 of the Alaska Administrative Code, dealing with state water quality standards. DEC is proposing multiple amendments and adoption of new language to clarify how state water quality standards will be interpreted and implemented in state water pollution control programs.

Note!

DEC has become aware of an editing error in the draft language pertaining to freshwater temperature criteria at 18 AAC 70.020(b)(10)(A)(iii). The draft regulation for the protected use of Water Supply (aquaculture) currently reads:

May not exceed 20 C at any time. The following maximum temperatures as determined by measurement of the 7-DADMax [weekly average] may not be exceeded, where applicable (see note 15):

  • Migration routes 15 C
  • Spawning areas 13 C
  • Rearing areas 15 C
  • Egg & fry incubation 13 C

For all other waters, the 7-DADMax temperature may not exceed site-specific requirements needed to preserve normal species diversity or to prevent appearance of nuisance organisms.

The term “weekly average” as noted in brackets is in the wrong location in the proposed language. The proposed language at 18 AAC 70.020(b)(10)(A)(iii) should read as follows:

May not exceed 20 C at any time. The following maximum temperatures as determined by measurement of the 7-DADMax may not be exceeded, where applicable (see note 15):

  • Migration routes 15 C
  • Spawning areas 13 C
  • Rearing areas 15 C
  • Egg & fry incubation 13 C

For all other waters, the 7-DADMax [weekly average] temperature may not exceed site-specific requirements needed to preserve normal species diversity or to prevent appearance of nuisance organisms.

Please note this during your review of the proposed regulatory language. Thank you.

Public Comments

Would you like to be informed about future proposed changes to Water Quality Standard (WQS) regulations in 18 AAC 70? If so, sign up today at the WQS listserv.

For additional questions or a copy of the proposed rulemaking package, please contact Brock Tabor (brock.tabor@alaska.gov) or (907) 465-5185.

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