HAR §11-54-9.5. Protection of Aquatic Organisms and their Uses," December 2010 unless otherwise noted

"EPA 823-B-17-001" means "Water Quality Standards Handbook," Chapter 3, Water Quality Criteria, Section 3.5.2, Site-Specific Aquatic Life Water Quality Criteria, November 2017 unless otherwise noted. (b) A site-specific aquatic life criterion shall be consistent with federal regulations on adopting criteria that protect designated uses as described in title 40, Code of Federal Regulations, section 131.11. (c) A site-specific aquatic life criterion may be derived to address species sensitivity, toxicity variation, natural background, or any combination of these situations. (d) A site-specific aquatic life criterion may be based on scientific guidelines described in EPA PB85-227049. (e) A site-specific aquatic life criterion may be derived with scientific processes described in EPA 823-B-17-001 or other scientifically defensible methods. (f) The decision to adopt a site-specific aquatic life criterion shall be based on a scientific demonstration that the derived criterion protects the designated use, as described in this chapter. (g) The decision to adopt a site-specific aquatic life criterion shall be subject to public participation requirements. The department shall hold one or more public hearings when adopting a site-specific aquatic life criterion in accordance with applicable provisions of chapter 91, HRS, and 40 C.F.R. §25. The site-specific aquatic life criterion and supporting information shall be made available to the public prior to the hearing. (h) A site-specific aquatic life criterion shall not be effective until it is adopted by the department and approved by the EPA. [Eff and comp OCT 2 2 2021] (Auth: HRS §187A-1, §§342D-4, 342D-5) (Imp: §§342D-4, 342D-5; 40 C.F.R. §§25.5, 131.11) 54-74 3435