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Proposed Rulemaking for DC Water Quality Standards 2013

The Director of the District Department of the Environment (DDOE), in accordance with the authority set forth in the District Department of the Environment Establishment Act of 2005, effective February 15, 2006 (D.C. Law 16-51; D.C. Official Code § 8-151.01 et seq.), sections     5 and 21 of the Water Pollution Control Act of 1984, effective March 16, 1985 (D.C. Law 5-188; D.C. Official Code §§ 8-103.04 and 8-103.20), and Mayor’s Order 2006-61, dated June 14, 2006, hereby gives notice of proposed  rulemaking action to amend Chapter 11 Water Quality Standards of Title 21 of the District of Columbia Municipal Regulations (DCMR). 
 
Summary of the proposed changes: 
 
DDOE is conducting its Triennial Review of the District of Columbia’s Water Quality Standards as required by section 303(c) of the Federal Clean Water Act (CWA) (33 U.S.C. § 1313 (c)) and the District’s Water Pollution Control Act of 1984.  It is DDOE’s goal to continue   to update and make available the latest scientific findings in the ambient water quality criteria that are used to restore and protect the quality of District waters.
 
DDOE is revising the aquatic life numeric criteria for Acrolein from 10.0 µg/L to 3.0 µg/L, a more stringent criteria (§ 1104.8, Table 3). This change was based on EPA toxicity data and other information on the effects of Acrolein that were obtained from EPA’s internal and external peer review, including scientific input from the public.  The revised criteria will protect most aquatic species from adverse effects due to Acrolein exposure.  Acrolein is used as biocide and herbicide to control algae, aquatic weeds and mollusks in recirculating process water systems.  Acrolein can enter the aquatic environment by its use as an aquatic herbicide, from industrial discharge, and from the chlorination of organic compounds in drinking water and wastewater treatment.  Monitoring studies conducted after field application show that Acrolein can be transported up to 61 miles from the point of application. See Ambient Aquatic Life Water Quality Criteria for Acrolein, (CAS Registry Number 107-02-8), (EPA 822-F-09-004), August 2009.
 
This rulemaking also establishes the aquatic life numeric water quality criteria for Carbaryl pesticide (§ 1104.8, Table 3).  The major uses of Carbaryl include insect control on lawns, home gardens, fruit orchards, forage and field crops, ornamentals, forests, turf, shade trees, poultry and pets.  Carbaryl is toxic and potentially harmful to aquatic life and can enter water bodies via runoffs.  Carbaryl is the second most frequently found insecticide in water with detections in approximately 50 percent of urban streams. See Aquatic Life Ambient Water Quality Criteria for Carbaryl (CAS Registry Number 63-25-2), (EPA-820-R-12-007), April 2012.
 
All other provisions, tables and definitions in the Chapter remain unchanged.  
 
All persons desiring to comment on the proposed amendments to the District of Columbia water quality standards should file comments in writing not later than (30) days after the publication of this notice in the D.C. Register. All comments will be treated as public documents and will be made available for public viewing on the Department’s website at: www.ddoe.dc.gov .  When the Department identifies a comment containing copyrighted material, the Department will provide a reference to that material on the website. If a comment is sent by e-mail, the email address will be automatically captured and included as part of the comment that is placed in the public record and made available on the Department’s website.  All comments should be labeled “Review of Water Quality Standards” and filed with District Department of the Environment, Water Quality Division, 1200 First Street, N.E., 5th Floor, Washington, DC 20002, Attention: Collin R. Burrell, or by e-mail to DDOE.WQSTR2013@dc.gov . The public may also present its views on the proposed amendments to the water quality standards at a public hearing. Notice of such public hearing will be published in the D.C. Register.
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