Amended Virgin Islands Water Quality Management Program



Water Quality Standards



Rules and Regulations



Title 12, Chapter 7, Subchapter 186



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GOVERNMENT OF THE US VIRGIN ISLANDS



DEPARTMENT OF PLANNING AND NATURAL RESOURCES



DIVISION OF ENVIRONMENTAL PROTECTION



Amended Rules and Regulations for



Water Quality Management Program, Water Quality Standards



CVIR 12-007-000, Subchapter 186

DEPARTMENT OF PLANNING AND NATURAL RESOURCES

DIVISION OF ENVIRONMENTAL PROTECTION

VIRGIN ISLANDS WATER QUALITY MANAGEMENT PROGRAM



AMENDED WATER QUALITY STANDARDS



RULES AND REGULATIONS



Submitted this day of , 2019



to

GOVERNOR ALBERT BRYAN, JR



by



wD



-PIERRE L. ORIOL

“ommissioner

Department anning and Natural Resources



Copy below is hereby certified to be a true and correct copy of the Regulations

adopted pursuant to authority granted in Title 3 V.I.C., Chapter 22, Section

401(b)(16); Title 3 V.I.C., Chapter 35, Section 940; Title 12 V.I.C., Chapter

7, Section 184; and Title 12 V.I.C., Chapter 7, Section 186.



Amended Rules and Regulations for

Water Quality Management Program, Water Quality Standards

CVIR 12-007-000, Subchapter 186 2

The Commissioner of the Department of Planning and Natural Resources

(“DPNR”) “shall set standards of water quality” and “at least once each three-year

period commencing September 30, 1998, shall review applicable water quality

standards and, as appropriate, amend, repeal or adopt new standards.” [12 V.LC. §

186(a)]. Furthermore, DPNR “shall have and may exercise the following powers

and duties:



“(a) To exercise general supervision of the administration and enforcement

of this chapter and all rules and regulations and orders promulgated

thereunder, and to perform any and all acts necessary to carry out the

purposes and requirements of this chapter and of the Federal Water Pollution

Control Act, as amended, relating to the United States Virgin Islands

participation in the National Pollutant Discharge Elimination System;



“(b) To develop comprehensive programs including participation in the

National Pollutant Discharge Elimination System, for the prevention, control

and abatement of all existing or potential pollution of the waters of the

United States Virgin Islands and to develop, propose, promulgate and amend

such rules and regulations as are necessary to carry out the purposes of this

chapter;



* KOK



“(h) To adopt, modify, repeal and promulgate standards of quality of the

waters of the United States Virgin Islands for the prevention, control and

abatement of pollution;”



“(i) To adopt, modify, repeal and promulgate, after public comment or

hearing on due notice, and to enforce such rules and regulations as may be

necessary to prevent, control, and abate existing or potential water pollution;



KOK OR OK



“(p) To exercise all incidental powers necessary to carry out the purposes of

this chapter;”



“(q) To administer and enforce the provisions of this chapter as it relates to

participation in the National Pollution Discharge Elimination System, and all



Amended Rules and Regulations for

Water Quality Management Program, Water Quality Standards

CVIR 12-007-000, Subchapter 186 3

rules, regulations, orders, effluent limitations, water quality standards and

permits promulgated, issued or effective hereunder.” [12 V.I.C. § 184].



It is the duty of DPNR, and DPNR is empowered, with the approval of the

Governor, to “issue rules and regulations, not inconsistent with the provisions of

this chapter, as may be necessary or appropriate for the implementation and

effectuation of its powers, duties and functions.” [3 V.I.C. § 401(b)(16)].



Amended Rules and Regulations for

Water Quality Management Program, Water Quality Standards

CVIR 12-007-000, Subchapter 186 4

VI-— CODE OF U.S. VIRGIN ISLAND RULES (“CVIR”)

Title 12. Conservation



Chapter 7. Water Pollution Control



Subchapter 186. Water Quality Standards



Table of Contents



§ 186-1: DEFINITIONS AND ABBREVIATION G..........ccccccsssssssssscssssccsssess 6

§ 186 -2: CLASSIFICATION OF TERRITORIAL WATERS .............00008 21

§ 186 - 3: LEGAL LIMITS .z.......cccccssssseees : ecaetasenesenausasnesetanetatere te tat Tete 23

§ 186 - 4: CLASSIFICATION OF WATER DESIGNATED USEG............. 32

§ 186 -5: GENERAL WATER QUALITY CRITERIA. ............cccccccccssesssceee 43

§ 186 - 6: THERMAL POLICY .............ccsceeee esevscesesccscssscsessssesccsscsnacececees 67

§ 186 - 7: MIXING ZONES .........cscssssosssssscsccesscsecsesscscsccscsssessasecscsceseseeesees 68

§ 186 - 8: ANTIDEGRADATION POLICY AND IMPLEMENTATION



PROCEDUREG..........ccccsssssssovosscsesssccvosscssccsscces sovesesensccesesscesscsesseceoeeccese 69

§ 186 -9: ANALYTICAL PROCEDURE...... sessseessensscssscsecsosssovecenccse 77

§ 186 - 10: APPLICABILITY OF STANDARDS .uuuu.....scccssccscscosssescsccccensenere 77

§ 186 - 11: NATURAL CONDITIONS ..........ccccccsssssssccsccsscsscccecsesscessessessecessces 17

§ 186 - 12: SCHEDULES OF COMPLIANCE FOR LIMITS IN TPDES



PERMITS .1......cccsssscosssocscscccesscccseesercssessesccscsensecescsecsccconssvoscnscsscescccssssssessccoenacs 77

§ 186 - 13: SITE-SPECIFIC CRITERIA .0..2.........cccsscssscsssccccccsssscssccsssessorsesees 78

§ 186-14: WATER QUALITY STANDARDS VARIANCES .u....cccccscessceees 80

§ 186 - 15: PUBLIC REVIEW PROCESS .0.........ccccssssssssscsccescsscccenssscossacesececs 88

§ 186 - 16: ENFORCEMENT...........ccccscccssrscssccccsscssescseesccccnsccscsscssescecsscecssooess 89



Amended Rules and Regulations for

Water Quality Management Program, Water Quality Standards

CVIR 12-007-000, Subchapter 186 5

AMENDMENTS:



CVIR 12-007-000, Subchapter 186



Pursuant to authority granted in Title 3 V.LC., Chapter 22, Section 401(b)(16),

Title 3 V.I.C., Chapter 35, Section 940, and Title 12 V.I.C., Chapter 7, Sections

184 and 186, DPNR amends the rules and regulations promulgated in CVIR 12-

007-000, Subchapter 186 to read as follows:



§ 186 - 1: Definitions and Abbreviations



The following words and terms, when used in this subchapter, shall have the

following meanings, unless the context clearly indicates otherwise.



(a)



(b)



(c)



(d)



(f)



Abiotic: A nonliving physical and chemical attribute of a system such as

light, temperature, wind patterns, rocks, soil, pH, and pressure in an

environment.



Acute: A stimulus severe enough to rapidly induce an effect; in aquatic

toxicity tests, an effect observed in 96-hours or less is typically considered

acute. When referring to aquatic toxicology or human health, an acute effect

is not always measured in terms of lethality.



Aesthetic qualifications: Criteria that by definition preserves one’s ability

to experience natural beauty.



Aquatic Nuisance Species: A nonindigenous species that threatens the

diversity or abundance of native species or the ecological stability of

infested waters, or commercial, agricultural, aquacultural or recreational

activities dependent on such waters.



Assimilative capacity: The natural capacity of a waterbody to dilute and

absorb pollutants and prevent harmful effects (e.g., damage to public health

or physical, chemical, biological quality of the water).



Available treatment: Treatment that is economically and practicably

achievable in the USVI.



Amended Rules and Regulations for

Water Quality Management Program, Water Quality Standards

CVIR 12-007-000, Subchapter 186 6

(g)



(h)



(i)



(j)



(k)

(I)



(0)



Best management practices or BMPs: Schedules of activities, prohibitions

of practices, maintenance procedures, and other management practices to

prevent or reduce point and non-point source pollution to “waters of the

United States Virgin Islands” or “territorial waters.” BMPs also include

treatment requirements, operating procedures, and practices to control plant

site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw

material storage.



Bioaccumulation factor or BAF: The ratio of a substance's concentration

in tissue versus its concentration in ambient water, in situations where the

organism and the food chain are exposed.



Biological criteria or biocriteria: Narrative expressions or numeric values

of the biological characteristics of aquatic communities based on

appropriate reference conditions. As such, biological criteria serve as an

index of aquatic community health.



Biological Integrity: The capability of supporting and maintaining a

balanced, integrated, adaptive community of organisms having a species

composition, diversity, and functional organization comparable to that of

the natural habitat of the region



Biotic: Living or of life.



Brackish Water: A mixture of seawater and fresh water whose salinity range

is between 0.5 to 35 ppt.



CWA or Federal Clean Water Act or Federal Water Pollution Control Act

or Federal Act or FWPCA: The Federal Clean Water Act, 33 U.S.C. § 1251

et seq., as amended, and the rules and regulations promulgated thereunder.



Chronic: A stimulus that lingers or continues for a relatively long period

of time, often one-tenth of the life span or more. Chronic should be

considered a relative term depending on the life span of an organism. The

measurement of a chronic effect can be reduced growth, reduced

reproduction, etc., in addition to lethality.



Class A Waters (or Outstanding National Resource Waters): Marine and

coastal waters classified pursuant to section 186-3(b) of this title. Class A



Amended Rules and Regulations for

Water Quality Management Program, Water Quality Standards

CVIR 12-007-000, Subchapter 186 7

(p)



(q)



(t)



waters have unique characteristics to be preserved (e.g., waters of

exceptional recreational, environmental, or ecological significance). Class

A waters are designated for the maintenance and propagation of desirable

species of wildlife and aquatic life, for primary contact recreation and for

use as a potable water source for those waters being used currently or that

could be used in the future as potable water sources.



Class B Waters: Marine and coastal waters classified pursuant to section

186-3(c) of this title. Class B waters are designated for the maintenance

and propagation of desirable species of wildlife and aquatic life, for primary

contact recreation and for use as potable water sources for those waters

being used currently or that could be used in the future as potable water

sources.



Class C Waters: Marine and coastal waters classified pursuant to section

186-3(d) of this title. Class C waters are designated for the maintenance

and propagation of desirable species of wildlife and aquatic life, for primary

contact recreation and for use as potable water sources for those waters

being used currently or that could be used in the future as potable water

sources. Class C waters are those waters which are located in industrial

harbors and ports and have less stringent water quality standards for certain

parameters than Class B waters.



Class I Waters or Inland Waters: Designated aquatic-influenced

environments located within land boundaries. Inland water systems are

designated for the maintenance and propagation of desirable species of

wildlife and aquatic life, for primary contact recreation and for use as

potable water sources for those waters being used currently or that could be

used in the future as potable water sources. Waters included in this class

can be either inland groundwaters (Subclass IG waters) or inland surface

waters. Inland surface waters can be fresh (Subclass IF Waters) as well as

saline or brackish (Subclass IBS Waters).



Commissioner: The Commissioner of the Department of Planning and

Natural Resources, or his/her designee.



Coastal Estuary: All or part of the mouth of a river or stream or other body

of water having a direct natural connection with open sea, which is located



Amended Rules and Regulations for

Water Quality Management Program, Water Quality Standards

CVIR 12-007-000, Subchapter 186 8

(u)



(v)



(w)



(x)



(y)



(2)



(aa)



along the coast, and within which the sea water is measurably diluted with

fresh water derived from land drainage.



Community diversity: The variety and type of species present in a

community, the complexity of their interactions, and the age and stability

of the community. The community diversity of a region is influenced by the

number of communities present, the degree of difference among the

communities, and how the communities are distributed across the region.



Consistent sampling: Used to ensure that results can be aggregated and

compared over time.



Coral habitat: A place where the physical and biological elements of coral

reef ecosystems (including any threatened or endangered species) provide

a suitable environment (including food, cover, and space resources) for

plant and animal livelihood.



Coral reef: Any reef or shoal composed primarily of corals. A wave-

resistant structure resulting from cementation processes and the skeletal

construction of hermatypic corals, calcareous algae, and other calcium

carbonate-secreting organisms.



Coral reef ecosystems: Corals and other species of reef organisms

(including plants) associated with coral reefs, seagrasses and the nonliving

environmental factors that directly affect coral reefs, that together function

as an ecological unit in nature.



Coral reef ecosystems areas: Areas where a dynamic complex of plants,

animals and microorganism communities and their nonliving environment

interact as a functional unit. These areas can be measured in square

miles/kilometers or as a percent of area with coral cover. These areas

include but are not limited to those areas defined by the National Oceanic

and Atmospheric Administration (NOAA).



Criteria: Elements of Territorial water quality standards, expressed as

constituent concentrations, levels, or narrative statements, representing a

quality of water that supports a particular use. When criteria are met, water

quality will generally protect the designated use.



Amended Rules and Regulations for

Water Quality Management Program, Water Quality Standards

CVIR 12-007-000, Subchapter 186 9

(bb)



(cc)



(dd)



(ee)



(ff)



(gg)



(hh)



Criteria Continuous Concentration or CCC: The EPA national water

quality criteria recommendation for the highest instream concentration of a

toxicant or an effluent to which organisms can be exposed indefinitely

without causing unacceptable effect.



Criteria Maximum Concentration or CMC: The EPA national water quality

criteria recommendation for the highest in stream concentration of a

toxicant or an effluent to which organisms can be exposed for a brief period

of time without causing an acute effect.



Designated Use: A use specified in water quality standards for each

waterbody or segment, whether or not it is being attained. Designated uses

for different waterbody classifications are provided in section 186-4 of this

title.



Desirable Species: Species indigenous to the area or introduced to the area

because of ecological or commercial value.



Dissolved oxygen: The concentration of free molecular oxygen dissolved

in water; expressed in milligrams/liter (mg/L) saturation and measured 1

meter below the surface and | meter above the sea floor (or at the maximum

depth of the instrument (approximately 30 meters)) with an EPA approved

field instrument.



Effluent: Used waters, sanitary wastes, other wastewaters, or any liquid

substances treated or untreated, discharged from sanitary treatment plants,

industrial wastewater treatment plants, manufacturing processes, storage

tanks, ponds, sewers or any water pollution source.



Embayment: Consists of alluvial valley-fill deposits that grade into beach

sands as the bedrock valleys open onto embayments. The alluvium, which

commonly ranges in thickness from 30 to 50 feet, generally is fine grained

and consists of clay, silt, and fine sand eroded primarily from volcanic

rocks. Where they contain mostly fine-grained sediments, the aquifers yield

only small amounts of water and are semi confined. Locally, the alluvium

is coarse sand and gravel, and the aquifer is unconfined. The alluvial

deposits interfinger and grade into beach deposits that consist primarily of

coarse coral sand. These deposits are permeable and yield only a few



Amended Rules and Regulations for

Water Quality Management Program, Water Quality Standards

CVIR 12-007-000, Subchapter 186 10

gallons per minute to wells. However, water in the embayment is generally

brackish to saline.



(ii) Enterococci Bacteria: Are commonly found in the feces of humans and

other warm-blooded animals. The presence of enterococci in water is an

indication of fecal pollution and the possible presence of enteric pathogens.

Enterococci have a greater correlation with swimming-associated

gastrointestinal illness in both marine and fresh waters than other bacterial

indicator organisms and are less likely to "die off" in saltwater.



Gj) ESA: The federal Endangered Species Act, 16 U.S.C. §§ 1531 — 1544.



(kk) Existing uses: Those uses actually attained in the waterbody on or after

November 28, 1975 (the date of EPA’s initial water quality standards

regulation), whether or not they are included in water quality standards 40

CFR § 131.3(e).



(Il) Exotic Species: A non-native plant or animal deliberately or accidentally

introduced into a new habitat.



(mm) Federal Clean Water Act or CWA or Federal Water Pollution Control Act

or Federal Act or FWPCA: The Federal Clean Water Act, 33 U.S.C. § 1251

et seq., as amended, and the rules and regulations promulgated thereunder.



(nn) Fresh water(s): All nontidal and tidal waters generally having a salinity, due



to natural sources, of less than or equal to 0.5 parts per thousand at mean

high tide.



(00) Freshwater ponds: Ponds that have waters that are entirely non-marine.



(pp) | Groundwater: Water that fills all of the unblocked voids of underlying

material below the ground surface which is the upper limit of saturation, or

water which is held in the unsaturated zone by capillarity.



(qq) Gut (also spelled Ghut) or Stream: A natural or constructed waterway or

any permanent or intermittent stream.



(rr) Impaired Waterbody: A waterbody classified under Category 4, 4A, 4B, 4C

or 5 of the most current CWA section 303(d) list.



Amended Rules and Regulations for

Water Quality Management Program, Water Quality Standards

CVIR 12-007-000, Subchapter 186 Il

(ss) Indicator Species or Indicator Communities: Unique environmental

indicators which provide insight into the biological condition in a

watershed.



(tt) Inland Estuary: All or part of the mouth of a river or stream or other body

of water having a direct natural connection with the open sea which is

located inland and within which the sea water is measurably diluted with

fresh water derived from land drainage.



(uu) Inlet: A narrow water passage between peninsulas or through a barrier

island leading to a bay or lagoon.



(vv) Mangrove Wetlands: A wetland area where mangroves are the dominant

plant species. See definition of wetlands (xxxx).



(ww) Marine and Coastal Waters: Consist of the Atlantic Ocean, the Caribbean

Sea, and all contiguous saline bays, inlets and harbors within the

jurisdiction of the Virgin Islands.



(xx) Metric: An attribute that shows a quantitative change in value along a

gradient of human influence.



(yy) Mixing Zone: An area where an effluent discharge undergoes initial

dilution and is extended to cover the secondary mixing in the ambient

waterbody. A mixing zone is an allocated impact zone where water quality

criteria can be exceeded as long as acutely toxic conditions are prevented.



(zz) NPDES or National Pollutant Discharge Elimination System: A permitting

program under CWA section 402, 12 U.S.C. § 1342, and the rules and

regulations issued thereunder, that addresses water pollution by regulating

point sources that discharge pollutants to waters of the United States.



(aaa) Natural Condition / Natural State: Describes the quality of surface and

marine water untouched by human-caused pollution or disturbance. Natural

conditions or natural states are rare and exist in limited settings and must

be demonstrated to the satisfaction of the DPNR, through extensive

sampling and field investigations.



Amended Rules and Regulations for

Water Quality Management Program, Water Quality Standards

CVIR 12-007-000, Subchapter 186 12

(bbb) Natural forces: Chemical, biological, geological, ecological or any other

conditions existing at specific sites, not resulting from, or as a consequence

of, human intervention, that may influence a particular parameter at those

sites.



(ccc) Non-point Source: A source of pollutant which is caused by rainfall

moving over and through the ground. As runoff moves, it picks up and

carries away both natural pollutants and pollutants resulting from human

activities. These pollutants include sediments, nutrients, pesticides, and

toxic substances such as hydrocarbons and heavy metals. Eventually these

pollutants are deposited in wetlands, coastal waters and groundwater.



(ddd) Nuisances: Any plant/animal species, material, or substance which is found

in water to cause damage or interference with attainment of designated uses.



(eee) Nutrients: Refer to Total Nitrogen and Total Phosphorus concentrations,

which are expressed in mg/L.



(fff) Other Discharges or Wastes: Includes but is not limited to garbage, refuse,

decayed wood, sawdust, shavings, bark, sand, lime, cinders, ashes, offal,

oil, tar, dyestuffs, acids, chemicals, leachate, sludge, salt and all other

discarded matter not sewage or industrial waste that may cause or might

reasonably be expected to cause pollution of the waters of the US Virgin

Islands.



(ggg) Outstanding National Resource Waters or ONRW or Class A Waters:

Waters classified pursuant to § 186-3(b) of this title. These waters have

unique characteristics to be preserved (e.g., waters of exceptional

recreational, environmental, economic, or ecological significance).



(hhh) Parameter of Concern: The parameter that is being assessed, analyzed or

assumed to cause impairment.



(iil) Passageway: A continuous stretch where water characteristics are affected

only by natural conditions in such a manner that the free movement, flow

or continuous drifting of biota is possible.



Amended Rules and Regulations for

Water Quality Management Program, Water Quality Standards

CVIR 12-007-000, Subchapter 186 13

Gii)



(kkk)



(111)



(mmm)



(nnn)



(000)



(ppp)



(qqq)



Permit: An authorization, license, or equivalent control document to

discharge pollutants into United States Virgin Islands waters issued under

12 V.I.C. § 185 and rules and regulations promulgated pursuant thereto.



Permittee: The holder of a TPDES or NPDES permit.



Person: An individual, corporation, partnership, association, municipality,

territory, or territorial agency, the Government of the United States Virgin

Islands, the Government of the United States, and any board, commission,

authority, or independent instrumentality of the Government of the Virgin

Islands or the United States Government and any officer, agent, or

employee thereof, including those having regulatory authority over the

discharge of pollutants.



pH: A measure of the concentration of hydrogen ions in the water

expressed in Standard Units (SU) measured 1 meter below the surface and

1 meter above the sea floor (or at the maximum depth of the instrument

(approximately 30 meters)) with an EPA approved field instrument.



Point Source: Includes but is not limited to any discernible, confined and

discrete conveyance, including, but not limited to, any pipe, ditch, channel,

tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated

animal feeding operation, or vessel or other floating craft, or landfill

leachate collection system from which pollutants are or may be discharged.



Pollution: The man-made or man-induced alteration of the chemical,

physical, biological and radiological integrity of any Waters of the United

States Virgin Islands.



Pollutant or Waste: Includes but is not limited to dredged spoil, solid waste,

incinerator residue, filter backwash, sewage, garbage, sewage sludge,

munitions, chemical wastes, biological materials, radioactive materials,

heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial,

municipal and agricultural waste discharged into water.



Potable Water: Water that, after available treatment, if any, is or could be

used legally for drinking, cooking, or domestic purposes.



Amended Rules and Regulations for

Water Quality Management Program, Water Quality Standards

CVIR 12-007-000, Subchapter 186 14

(rrr) Potable Water Source: Inland or marine and coastal sources of potable

water, including but not limited to springs, artisan wells, drilled wells,

public or community water systems or any other source that has been tested

and identified to be of a quality that will, after available treatment, be able

to meet Territorial or Federal drinking water standards at the tap. When

waters have a designated use “for use as a potable water source”, it does not

necessarily mean the water from those sources is safe for drinking, cooking

or domestic purposes without available treatment, nor does it mean that the

waterbodies should be used as potable water sources, nor does it mean that

they can be used as potable water sources without meeting drinking water

standards or other legal requirements, including obtaining any necessary

permits or approvals. Determinations as to whether waters can be used as

potable water sources will involve assessments, including but not limited

to, whether, with available treatment, the water from those sources could

meet Federal and Territorial drinking water standards, as well as

assessments of the physical and/or chemical characteristics of the water

sources, and an understanding that such water sources are declared to be

public waters belonging to the people of the United States Virgin Islands,

subject to appropriation for beneficial use in the manner set forth in 12

V.I.C. § 151 and not otherwise.



(sss) | Primary Contact Recreation: Activities where the human body may come

in direct contact with raw water to the point of complete body submergence.

Primary contact recreation includes, but is not limited to, swimming,

diving, water skiing, skin diving and surfing.



(ttt) Reference Conditions: The characteristics of waterbody segments least

impaired by human activities. As such, reference conditions can be used to

describe attainable biological or habitat conditions for waterbody segments

with common watershed/catchment characteristics within defined

waterbody classes.



(uuu) Reliable Measure: A measure that is reliable if it consistently produces the

same result.



(vvv) Saline Water: Saline water(s) means waters having salinities generally

greater than 3.5 parts per thousand at mean high tide.



Amended Rules and Regulations for

Water Quality Management Program, Water Quality Standards

CVIR 12-007-000, Subchapter 186 15

(www) Salinity: An estimate of the concentration of dissolved salts in seawater



(xxx)



(yyy)



(Zzz)



(aaaa)



(bbbb)



(cccc)

(dddd)



(eeee)



(ffFE)



(gegg)



expressed in parts per thousand and measured 1 meter below the surface

and 1 meter above the sea floor (or at the maximum depth of the instrument

(approximately 30 meters)).



Salt Flats: A salt-encrusted flat area resulting from evaporation of a former

body of water.



Salt Pond: A salt water embayment or lagoon separated from coastal waters

by any barrier.



Secchi Disc: Provides a method for assessing the water clarity expressed

in meters by a secchi depth recording light transparency.



Site: The land or water area where any facility or activity is physically

located or conducted, including adjacent land used in connection with the

facility or activity.



Stream or Gut (also spelled Ghut): A natural or constructed waterway or

any permanent or intermittent stream.



Subclass IBS Waters: All inland brackish or saline waters.

Subclass IF Waters: All inland fresh waters.



Subclass IG Waters: All inland groundwaters that are used currently or

could be used in the future as potable water sources, and their associated

recharge areas. They shall be protected as potable water sources. Unless

otherwise identified, Subclass IG include all ground water with a naturally

occurring salinity of less than 10,000 mg/L.



Sufficient Quality: The level of water quality providing acceptable

conditions to support aquatic life.



Surface Water: Includes all waters other than groundwater within the

jurisdiction of the United States Virgin Islands including all streams and/or

guts (permanent or intermittent), freshwater ponds, wells, estuaries, and

wetlands which includes: swamps, salt flats, salt ponds, and mangrove

wetlands situated wholly or partly within or bordering upon the United



Amended Rules and Regulations for

Water Quality Management Program, Water Quality Standards

CVIR 12-007-000, Subchapter 186 16

(hhhh)



(iii)



Gui)

(kkkk)



(1111)



States Virgin Islands, including the Territorial seas, contiguous zone, and

oceans.



Swamp: Wetland often partially or intermittently covered with water;

especially, one dominated by wooded vegetation.



Temperature: A measure of the energy of molecular motion expressed in

degrees Centigrade measured | meter below the surface and 1 meter above

the sea floor (or at the maximum depth of the instrument (approximately 30

meters)) with an EPA approved field instrument.



Territorial Waters: Waters of the United States Virgin Islands.



TPDES: Territorial Pollutant Discharge Elimination System, a permitting

program under CWA section 402, 33 U.S.C. § 1342, and the rules and

regulations issued thereunder, that addresses water pollution by regulating

point sources that discharge pollutants to waters of the USVI, and

implemented in the USVI through 12 V.L.C. § 185 and 12 V.I. R. & Regs.

§ 184.



Thermal Discharge: A discharge that results or would result in a significant

or measurable temperature change of the receiving water.



(mmmm) Thermal Pollution: The change in the water temperature of any



(nnnn)



(0000)



(pppp)



Territorial Water caused by man-made practices that may adversely affect

fish, aquatic life, animals, and human health.



Threatened or Endangered Species: Any threatened or endangered species

listed pursuant to section 4 of the Federal Endangered Species Act, 16

U.S.C. §§ 1531 — 1544, and/or any threatened, endangered, or indigenous

species listed pursuant to Title 12, Chapter 2 of the Virgin Islands Code.



Total Maximum Daily Load or TMDL: The maximum amount of a

pollutant that a waterbody can receive while still meeting water quality

standards.



Toxic Pollutant: Any pollutant listed as toxic under section 307(a)(1) of

the CWA.



Amended Rules and Regulations for

Water Quality Management Program, Water Quality Standards

CVIR 12-007-000, Subchapter 186 17

(qqqq) Turbidity: A measure of the degree to which light is scattered by suspended

particulate material and soluble colored compounds in the water. Expressed

in Nephelometric Turbidity Units (NTU’s) measured 1 meter below the

surface and | meter above the sea floor (or at the maximum depth of the

instrument (approximately 30 meters)) using an EPA approved field

instrument.



(rrrr) WQS Variance: A time-limited designated use and criterion for a specific

pollutant(s) or water quality parameter(s) that reflect the highest attainable

condition during the term of the water quality standard variance. Variances

are different from changes to the designated use and associated criteria in

that they are intended as a mechanism to provide time for states and

stakeholders to implement adaptive management approaches that will

improve water quality where the designated use and criterion currently in

place are not being met, but still retain the designated use as a long-term

goal. Variances are issued pursuant to § 186-14 of this title.



(ssss) Wastewaters: Waters containing dissolved, suspended, agglomerated,

emulsified or floating substances or solid pollutants resulting from

industrial, commercial, residential, agricultural, and recreational or any

other type of establishment or man induced activity.



(tttt) | Water Quality Standards or WQS: Any water quality standards adopted

and effective under United States Virgin Islands or Federal laws applicable

to waters of the United States Virgin Islands, including the designated use

or uses of a waterbody, the numeric and narrative water quality criteria that

are necessary to protect the use or uses of that particular waterbody, and an

antidegradation policy.



(uuuu) Water Quality Criteria: Any criteria describing the required quality

supporting a particular designated use of United States Virgin Islands

waters, as adopted under United States Virgin Islands laws or Federal laws

applicable to waters of the United States Virgin Islands.



(vvvv) Waters of the United States Virgin Islands (or Territorial Waters): All

inland and marine and coastal waters within the jurisdiction of the United

States Virgin Islands including but not limited to harbors, streams, lakes,

ponds, impounding reservoirs, marshes, water-courses, water-ways, wells,

springs, irrigation systems, drainage systems and all other bodies or



Amended Rules and Regulations for

Water Quality Management Program, Water Quality Standards

CVIR 12-007-000, Subchapter 186 18

accumulations of water, surface and underground, natural or artificial,

public or private, situated wholly or partly within or bordering upon the

United States Virgin Islands, including the territorial seas, contiguous

zones, and oceans.



(wwww) Well: A pit or hole sunk into the earth to reach a resource of potable

water to be used for domestic purposes.



(xxxx) Wetlands: Those areas that are inundated or saturated by surface or

groundwater at a frequency and duration sufficient to support, and that

under normal circumstances do support, a prevalence of vegetation

typically adapted for life in saturated soil conditions. Wetlands generally

include salt ponds, marshes, swamps, and similar areas, which may be

freshwater or brackish or saline.



(yyyy) The following abbreviations, when used in this subchapter, shall have the



following meanings, unless the context clearly indicates otherwise:



°C Degrees Centigrade



ug/L Micrograms per Liter



BAF Bioaccumulation factor



BCF Bioconcentration factor



BMP Best management practice(s)



CAS Chemical Abstracts Service Number



CCC Criteria Continuous Concentration



CF Conversion factors



CFR Code of Federal Regulations



CFU/100 mL Colony Forming Units per 100 milliliters



CMC Criteria Maximum Concentration



CN/L Micrograms free cyanide per Liter



CSF Cancer slope factor



CWA Federal Clean Water Act or Federal Water Pollution

Control Act or Federal Act or FWPCA



DDT Dichlorodiphenyltrichloroethane



DPNR The USVI Department of Planning and Natural

Resources



EPA The United States Environmental Protection Agency



ESA Federal Endangered Species Act, 16 U.S.C. §§ 1531 -



1544



Amended Rules and Regulations for

Water Quality Management Program, Water Quality Standards

CVIR 12-007-000, Subchapter 186 19

FR

FWPCA



g/kg



IBS waters

IF waters

IG waters

IRIS

Ln(hardness)

MCL



mg TAN/L

mg/kg dw

mg/L

NPDES

NTU

ONRW

PCBs



pH



ppt



RfD



SU



TAN

TMDL

TPDES

USS.

U.S.C.

USVI

V.LC



V.I.R. & Regs.



WQS



Federal Register



Federal Water Pollution Control Act or Federal Clean

Water Act or Federal Act or CWA



Grams per kilogram



Inland brackish or saline waters



Inland fresh waters



Inland groundwaters



Integrated Risk Information System



Natural logarithm of total hardness in mg/L as CaCOQ3

Maximum Contaminant Level



Milligrams of total ammonia nitrogen (TAN) per Liter

Milligrams per kilogram (Dry Weight)



Milligrams per Liter



National Pollutant Discharge Elimination System

Nephelometric Turbidity Units



Outstanding National Resource Waters

Polychlorinated biphenyls



Potential Hydrogen



Parts per thousand



Reference dose



Standard Units



Total ammonia nitrogen



Total Maximum Daily Load



Territorial Pollutant Discharge Elimination System

United States



United States Code



United States Virgin Islands



Virgin Islands Code



US. Virgin Islands Rules and Regulations



U.S. Virgin Islands Water Quality Standards



Amended Rules and Regulations for

Water Quality Management Program, Water Quality Standards

CVIR 12-007-000, Subchapter 186 20

§ 186 - 2: Classification of Territorial Waters



Territorial Waters are classified as either Inland Waters or Marine and Coastal

Waters.



(a)



(b)



Class of Inland Waters - Class I Waters: include groundwaters (IG waters)

and surface waters: fresh (IF) or brackish saline (IBS) waters.



(1)



(2)



(2)



Subclass of Inland Fresh Surface Waters - Subclass IF Waters: Based

on their ecological characteristics and other natural attributes, all inland

fresh waters are classified as follows:



(A) Streams and/or guts (Permanent or Intermittent)



(B) Freshwater Wetlands:

(i) Freshwater Ponds



Subclass of Inland Brackish or Saline Surface Waters - Subclass IBS

Waters: All inland brackish or saline waters are classified as follows,

based on their ecological characteristics and other natural attributes:



(A) Inland Estuaries (not designated as Classes A, B or C)



(B) Brackish or Saline Wetlands:

(i) Swamps

(ii) Salt Flats

(iii) Salt Ponds

(iv) Mangrove Wetlands

(v) Marshes



Subclass of Groundwaters — Subclass IG Waters:



(A) Wells



Class of Marine and Coastal Waters — Class A, B and C Waters: All marine

and coastal waters are either embayments, open coastal, or oceanic waters to

include all contiguous saline bays, inlets, coastal estuaries and harbors within

the jurisdiction of US Virgin Islands.



Amended Rules and Regulations for

Water Quality Management Program, Water Quality Standards

CVIR 12-007-000, Subchapter 186 21

(1) Class A Waters - Outstanding National Resource Waters, as identified

in § 186-3(b) of this title.



(2) Class B Waters - All coastal or marine waters not classified as Class A

or Class C, as identified in § 186-3(c) of this title.



(3) Class C Waters - All coastal or marine waters identified in § 186-3(d)

of this title. Class C waters have less stringent water quality standards

than Class B.



Amended Rules and Regulations for

Water Quality Management Program, Water Quality Standards

CVIR 12-007-000, Subchapter 186 22

§ 186 - 3: Legal Limits



The following serves as the legal description and boundaries for the Territorial



Waters:



(a)



Class I (Inland Waters): Designated aquatic-influenced environments located



within land boundaries. Waters included in this class can be either inland



groundwaters (Subclass IG Waters) or inland surface waters. Inland surface



waters can be fresh (Subclass IF Waters), as well as saline or brackish



(Subclass IBS Waters).



(b)



Class A Marine and Coastal Waters (Outstanding National Resource Waters):



Within 0.5 miles of the boundaries of Buck Island’s Natural Barrier



(1)



Reef, St. Croix.



Figure 1. Class A - Buck Island, St. Croix



ns



| ZA Buck tstand - Class A |



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Amended Rules and Regulations for



Water Quality Management Program, Water Quality Standards



CVIR 12-007-000, Subchapter 186



23

(2)



Trunk Bay, St. John, from the northern-most point of the west shore



outcropping of Trunk Bay, linearly to the northern-most point of



Trunk Cay, linearly to the northern-most point of the east shore



outcropping of Trunk Bay.



Figure 2. Class A - Trunk Bay, St. John



~~



Caribbean Sea



| RR Trunk Cay



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a



Amended Rules and Regulations for



Water Quality Management Program, Water Quality Standards



CVIR 12-007-000, Subchapter 186



24

(c)



Class B Marine and Coastal Waters:



(1)



All other coastal or marine waters not classified as Class A or Class C.



Figure 3. Class B - St. Croix



|



| || Class B Marine Waters - St. Croix



| = Class AorC Marine Waters - St. Croix



Caribbean Sea



ST CROIX



SK



—_



_



———,



Miles



tY]



2



4



Amended Rules and Regulations for



Water Quality Management Program, Water Quality Standards



CVIR 12-007-000, Subchapter 186



25

Figure 4. Class B - St. Thomas and St. John



| ___} Class B Marine Waters - St. Thomas and St. John iN

| HM Class A orC Marine Waters - St. Thomas and St. John +

we at Pee tt \

bi \

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Amended Rules and Regulations for

Water Quality Management Program, Water Quality Standards



CVIR 12-007-000, Subchapter 186 26

Class C Marine and Coastal Waters:



(d)



St. Thomas:



(1)



(A)



St. Thomas Harbor beginning at Rupert Rock and extending to



Haulover Cut.



(B)



Crown Bay enclosed by a line from Hassel Island at Haulover



Cut to Regis Point at West Gregerie Channel.



(C)



Krum Bay.



Figure 5. Class C - St. Thomas Harbor, Crown Bay and Krum Bay, St. Thomas



N



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te



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ml



[ 71 St. Thomas Harbor - Class C



[===] Crown Bay - Class C



i328 Krum Bay - Class C



| MB Areas of High Urban/Industrial Poche TU



Miles



f



Caribbean Sea



0



9.25



0.5



Amended Rules and Regulations for



Water Quality Management Program, Water Quality Standards



CVIR 12-007-000, Subchapter 186



27

St. Croix:



(2)



(A) Christiansted Harbor from Fort Louise Augusta to Golden Rock,



along the waterfront and seaward to include the navigational



channels and mooring areas.



Figure 6. Class C - Christiansted Harbor, St. Croix



Ss TE



o—



Caribbean Sea



(ZZ Christiansted Harbor - Class C



_! Estate Golden Rock



==) Reef Crest



Sos



he ana wy



sat



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0.125 0.25



0.§



Amended Rules and Regulations for



Water Quality Management Program, Water Quality Standards



CVIR 12-007-000, Subchapter 186



28

(B) Frederiksted Harbor from La Grange to Fisher Street and



seaward to the end of the Frederiksted Pier.



Figure 7. Class C - Frederiksted Harbor, St. Croix



Caribbean Sea



bd Frederiksted Harbor - Class C



.



| Estate Boundaries



HB Areas of Major Urban Devetopment



LA GRANGE



veh FTA



Wye



7



rica a



Wa



WHEEL OF FORTUNE



0128



0.25



_ CONCORDIA FSTEG



Amended Rules and Regulations for



Water Quality Management Program, Water Quality Standards



CVIR 12-007-000, Subchapter 186



29

(C)



Limetree Bay Channel (formerly named Hess Oil Virgin Islands



Harbor and HOVENSA Harbor) delineated by dredged sea floor.



(D)



Krause Lagoon Channel (formerly Martin-Marietta Alumina



Harbor and alternatively named Port Alucroix or St. Croix



Renaissance Group Harbor) from shore mouth to farthest inland



point.



Figure 8. Class C - ee Bay Channel and Krause Lagoon Channel, St. Croix



S



ree



a,



ae.



ata



aan



Gg



ea



Ps,



|



it



Otte



Vg



YH



Caribbean Sea



Ly



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=



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Ez2] iuratiee’ Bey Chantal - Class c



Y,



|



Krause Lagoon Channel - Class C



C



GE Areas of Major Industrial/Urban Development



‘



Ge



Miles



0



0.25



0.5



Amended Rules and Regulations for



Water Quality Management Program, Water Quality Standards



CVIR 12-007-000, Subchapter 186



30

(3)



St. John:



(A) Enighed Pond Bay from shore mouth of the pond to farthest



inland point.



Figure 9. Class C - Enighed Pond, St. John



Caribbean Sea



N



Port Authority Dock



VZA Enighed Pond Bay - Class C



HB Areas of Major Industrial/Urban Development



Miles



\



o



0.05



01



0.2



Amended Rules and Regulations for



Water Quality Management Program, Water Quality Standards



31



CVIR 12-007-000, Subchapter 186

§ 186-4: Classification of Water Designated Uses



For each of the Territorial Waters classifications, the following specify the

designated uses to be protected and the applicable criteria to protect those uses.



(a) Class of Inland Waters - Class I Waters: Inland Fresh Waters (Subclass IF

Waters), Inland Brackish or Saline Waters (Subclass IBS Waters), and Inland

Groundwaters (Subclass IG Waters)



(1) Subclass IF and IBS Waters



(A) Designated uses: Maintenance and propagation of desirable

species of wildlife and aquatic life (including any threatened or

endangered species), primary contact recreation, and for use as a

potable water source for those waters being used currently or that

could be used in the future as potable water sources.



(B) Water Quality Criteria: Waters shall remain in their natural state

to the maximum extent possible with an absolute minimum of

pollution from any human-caused source. To the extent possible,

the ecological character of these areas shall be maintained and

protected. The following water quality standards apply:



(i) | Narrative Criteria: Criteria listed in § 186-5(a) of this title

are applicable.



(ii) | Numeric Criteria:



(a) Toxic Pollutants: Numeric criteria listed in § 186-

5(b) of this title, including Aquatic Life Criteria in

Tables I, Human Health Criteria (for the

consumption of Water & Organisms) in Table II and

Organoleptic Criteria in Table III, are applicable.



(b) Bacteria:



(1) The 30-day geometric mean for enterococci

shall not exceed 30 CFU/100 mL and no more



Amended Rules and Regulations for

Water Quality Management Program, Water Quality Standards

CVIR 12-007-000, Subchapter 186 32

than 10 percent of the samples collected in the

same 30 days shall exceed 110 CFU/100 mL.



(2) For waters actually used as sources of potable

water (not just having the potential to be used

as such), concentration of total coliforms shall

be sufficient to meet applicable USVI

Drinking Water Regulations (19 V.I. R. &

Regs. § 1303) after available treatment.



(c) Dissolved Oxygen: Not less than 5.5 mg/L except

when due to natural forces.



(2) Subclass IG Waters

(A) Designated uses: For use as a potable water source.



(B) Water Quality Criteria: Waters shall remain in their natural state

to the maximum extent possible with an absolute minimum of

pollution from any human-caused source. To the extent possible,

the ecological character of these areas shall be maintained and

protected. The following water quality standards apply:



(i) Narrative Criteria: Criteria listed in § 186-5(a) of this title are

applicable.



(ii) Numeric Criteria:



(a) Toxic Pollutants: Numeric criteria listed in § 186-5(b)

of this title, including Aquatic Life Criteria in Tables

I, Human Health Criteria (for the consumption of

Water & Organisms) in Table II and Organoleptic

Criteria in Table III, are applicable.



(b) Bacteria:



(1) For waters actually used as sources of potable

water (not just having the potential to be used as

such), concentration of total coliforms shall be



Amended Rules and Regulations for

Water Quality Management Program, Water Quality Standards

CVIR 12-007-000, Subchapter 186 33

sufficient to meet applicable USVI Drinking

Water Regulations (19 V.I. R. & Regs. § 1303)

after available treatment.



(b) Class of Marine and Coastal Waters



(1) Class A Waters:



(A) Designated uses: Maintenance and propagation of desirable

species of wildlife and aquatic life (including any threatened or

endangered species), primary contact recreation, and for use as

potable water sources for those waters being used currently or

that could be used in the future as potable water sources.

Preservation of the water’s unique characteristics that make it a

water of exceptional recreational, environmental, or ecological

significance (e.g., Natural Barrier Reef at Buck Island, St. Croix

and the Under Water Trail at Trunk Bay, St. John). No new or

increased dischargers shall be permitted.



(B) Water Quality Criteria: Natural conditions shall not be altered

and the following criteria shall apply:



(i) Narrative Criteria:

(a) Criteria listed in § 186-5(a) of this title are applicable.



(b) Biocriteria: The biological condition shall be similar or

equivalent to reference condition established for

biological integrity within Class A waters.



(ii) Numeric Criteria:



(a) Toxic Pollutants: Numeric criteria listed in § 186-5(b)

of this title, including Aquatic Life Criteria in Table I,

Human Health Criteria in Table II and Organoleptic

Criteria in Table III, are applicable.



(b) Dissolved oxygen: Not less than 5.5 mg/L except when

due to natural forces.



Amended Rules and Regulations for

Water Quality Management Program, Water Quality Standards

CVIR 12-007-000, Subchapter 186 34

(c) pH: Natural Conditions of pH must not be extended at

any location by more than plus or minus 0.1 pH unit.

At no time shail the pH be less than 7.0 or greater than

8.3.



(d) Temperature:



(1) Except by natural conditions, not to exceed 32°C

at any time, nor as a result of waste discharge to

be greater than 1.0°C above natural conditions.

Thermal policies (§ 186-6 of this title) shall also



apply.



(2) Areas where coral reef ecosystems are located

shall not exceed 25-29°C at any time, nor as a

result of waste discharge to be greater than 1.0°C

above natural. Thermal policies (§ 186-6 of this

title) shall also apply.



(e) Bacteria:



(1) The 30-day geometric mean for enterococci shall

not exceed 30 CFU/100 mL, and no more than 10

percent of the samples collected in the same 30

days shall exceed 110 CFU/100 mL.



(2) For waters actually used as sources of potable

water sources (not just having the potential to be

used as such), concentration of total coliforms

shall be sufficient to meet applicable USVI

Drinking Water Regulations (19 V.I. R. & Regs.

§ 1303) after available treatment.



(f) Phosphorus: Phosphorus as total P shall not exceed 50

ug/L in marine and coastal waters.



(g) Nitrogen: Nitrogen as total N shall not exceed

concentration of 207 ug/L in more than 10 percent of



Amended Rules and Regulations for

Water Quality Management Program, Water Quality Standards

CVIR 12-007-000, Subchapter 186 35

samples over a three-year period in estuarine, marine

and coastal waters.



(h) Radioactivity:



(1)



(2)

(3)



Gross beta: 1000 picocuries per liter, in the

absence of Sr 90 and alpha emitters.



Radium-226: 3 picocuries per liter.



Strontium-90: 10 picocuries per liter.



(i) Clarity:



(1)



(2)



A Secchi disc shall be visible at a minimum depth

of one (1) meter. For waters where the depth does

not exceed one (1) meter, the bottom must be

visible.



In areas where coral reef ecosystems are located,

a secchi disc shall be visible at a minimum depth

of fifteen (15) meters. For such waters where the

depth does not exceed fifteen (15) meters, the

bottom must be visible.



Q) Turbidity:



(1)



(2)



A maximum nephelometric turbidity unit

reading of three (3) shall be permissible.



For areas where coral reef ecosystems are

located, a maximum nephelometric turbidity

unit reading of one (1) shall be permissible.



(k) In no case shall Class B water quality standards be

exceeded.



Amended Rules and Regulations for



Water Quality Management Program, Water Quality Standards



CVIR 12-007-000, Subchapter 186



36

(2) Class B Waters:



(A) Designated uses: Maintenance and propagation of desirable

species of wildlife and aquatic life (including any threatened or

endangered species), primary contact recreation, and for use as

potable water sources for those waters being used currently or

that could be used in the future as potable water sources.



(B) Water Quality Criteria:



(i) Narrative Criteria: Criteria listed in § 186-5(a) of this title

are applicable, as well as the following:



(a)



Biocriteria: The biological condition shall reflect no

more than a minimal departure from reference

condition for biological integrity within Class B

waters. Class B allows minimal changes in structure

of the biotic community and minimal changes in

ecosystem function. Virtually all native taxa are

maintained with some changes in biomass and/or

abundance; ecosystem functions are fully

maintained within the range of natural variability.



(i1) Numerical Criteria: The following criteria apply

throughout the waterbody except as modified by a

variance issued pursuant to § 186-14 of this title, site-

specific criteria issued pursuant to § 186-13 of this title, or

a mixing zone specified pursuant to § 186-7 of this title. If

a mixing zone has been established, the applicable criteria

apply at and beyond the boundary of the applicable mixing



zone.



(a)



(b)



Amended Rules and Regulations for



Toxic Pollutants: Numeric criteria listed in § 186-

5(b) of this title, including Aquatic Life Criteria in

Table I, Human Health Criteria in Table II and

Organoleptic Criteria in Table III, are applicable.



Dissolved oxygen: Not less than 5.5 mg/L except

when due to natural forces.



Water Quality Management Program, Water Quality Standards



CVIR 12-007-000, Subchapter 186



37

(c)



(d)



(e)



(f)



(g)



Amended Rules and Regulations for



pH: Natural Conditions of pH must not be extended

at any location by more than plus or minus 0.1 pH

unit. At no time shall the pH be less than 7.0 or

greater than 8.3.



Temperature:



(1)



(2)



Except due to natural conditions, not to

exceed 32°C at any time, nor as a result of

waste discharge to be greater than 1.0°C

above natural conditions. Thermal policies (§

186-6 of this title) shall also apply.



Areas where coral reef ecosystems are

located shall not exceed 25-29°C at any time,

nor as a result of waste discharge to be greater

than 1.0°C above natural conditions. Thermal

Policies (§ 186-6 of this title) shall also apply.



Bacteria:



(1)



(2)



The 30-day geometric mean for enterococci

shall not exceed 30 CFU/100 mL and no

more than 10 percent of the samples

collected inthe same 30 days - shall

exceed 110 CFU/100 mL.



For waters actually used as sources of potable

water (not just having the potential to be used

as such), concentration of total coliforms

shall be sufficient to meet applicable USVI

Drinking Water Regulations (19 V.I. R. &

Regs. §1303) after available treatment.



Phosphorus: Phosphorus as total P shall not exceed

50 ug/L in marine and coastal waters.



Nitrogen: Nitrogen as total N shall not exceed



Water Quality Management Program, Water Quality Standards



CVIR 12-007-000, Subchapter 186



38

(h)



(i)



(j)



Amended Rules and Regulations for



concentration of 207 pg/L in more than 10 percent

of samples over a three-year period in estuarine,

marine and coastal waters.



Radioactivity:



(1) Gross beta: 1000 picocuries per liter, in the

absence of Sr 90 and alpha emitters.



(2) Radium-226: 3 picocuries per liter.

(3) Strontium-90: 10 picocuries per liter.

Clarity:



(1) A Secchi disc shall be visible at a minimum

depth of one (1) meter. For waters where the

depth does not exceed one (1) meter, the

bottom must be visible.



(2) In areas where coral reef ecosystems are

located, a secchi disc shall be visible at a

minimum depth of fifteen (15) meters. For

such waters where the depth does not exceed

fifteen (15) meters, the bottom must be

visible.



Turbidity: The following turbidity criteria are

applicable to all Class B waters, except for those

Class B Waters listed below in § 186-



4(b)(2)(B)Gi)@)G).



(1) A maximum nephelometric turbidity unit

reading of three (3) shall be permissible.



(2) For areas where coral reef ecosystems are

located, a maximum nephelometric turbidity

unit reading of one (1) shall be permissible.



Water Quality Management Program, Water Quality Standards



CVIR 12-007-000, Subchapter 186



39

(3) Class C Waters



(3)



The following Class B waters, based on §

186-11 (Natural Conditions) of this title, are

not covered by the narrative turbidity criteria

found in § 186-5(a)(1)(C) of this title and

therefore shall be also excluded from the

requirements of the immediately preceding



(j)(1) and (2) of this subclause:



(i)



(ii)



St. Thomas Waters - Mandahl Bay

(Marina), Vessup Bay, Water Bay,

Benner Bay, and the Mangrove

Lagoon.



St. Croix Waters - Carlton Beach,

Good Hope Beach, Salt River Lagoon

(Marina), Salt River Lagoon (Sugar

Bay), Estate Anguilla Beach,

Buccaneer Beach, Tamarind Reef

Lagoon, Green Cay Beach and Enfield

Green Beach.



(A) Designated uses: Maintenance and propagation of desirable

species of wildlife and aquatic life (including any threatened or

endangered species), primary contact recreation, industrial water

supplies, shipping, navigation and for use as potable water

sources for those waters being used currently or that could be

used in the future as potable water sources.



(B) Water Quality Criteria:



(i) Narrative Criteria: Criteria listed in § 186-5(a) are

applicable, as well as the following:



(a)



Amended Rules and Regulations for



Biocriteria: Class C allows for evident changes in

structure of the biotic community and minimal

changes in ecosystem function. Evident changes in

structure due to loss of some rare native taxa; shifts



Water Quality Management Program, Water Quality Standards



CVIR 12-007-000, Subchapter 186



40

in relative abundance of taxa (community structure)

are allowed but sensitive-ubiquitous taxa remain

common and abundant; ecosystem functions are

fully maintained through redundant attributes of the

system. Ecosystem function shall be similar or

equivalent to reference condition established at the

least disturbed reference site(s) within Class C

waters.



(ii) Numerical Criteria: The following criteria apply

throughout the waterbody except as modified by a

variance issued pursuant to § 186-14 of this title, site

specific criteria issued pursuant to § 186-13 of this title, or

a mixing zone specified pursuant to § 186-7 of this title. If

a mixing zone has been established, the applicable criteria

apply at and beyond the boundary of the applicable mixing



zone.



(a)



(b)



(c)



(d)



Amended Rules and Regulations for



Toxic Pollutants: Numeric criteria listed in § 186-

5(b) of this title, including Aquatic Life Criteria in

Table I, Human Health Criteria in Table II and

Organoleptic Criteria in Table III, are applicable.



Dissolved Oxygen: Not less than 5.0 mg/L except

when due to natural forces.



pH: Natural Conditions of pH must not be extended

at any location by more than plus or minus

0.1 pH unit. At no time shall the pH be less

than 6.7 or greater than 8.5.



Temperature:



(1) Except due to natural conditions, not to

exceed 32°C at any time, nor as a result of

waste discharge to be greater than 1.0°C

above natural conditions. Thermal policies (§

186-6 of this title) shall also apply.



Water Quality Management Program, Water Quality Standards



CVIR 12-007-000, Subchapter 186



4]

(e)



(f)



(g)



(h)



Amended Rules and Regulations for



(2)



Areas where coral reef ecosystems are

located shall not exceed 25-29°C at any time,

nor as a result of waste discharge to be greater

than 1.0°C above natural conditions. Thermal

Policies (§ 186-6 of this title) shall also apply.



Bacteria:



(1)



(2)



The 30-day geometric mean for enterococci

shall not exceed 30 CFU/100 mL, and no

more than 10 percent of the samples collected

in the same 30 days shall exceed 110

CFU/100 mL.



For waters actually used as sources of potable

water (not just having the potential to be used

as such), concentration of total coliforms

shall be sufficient to meet applicable USVI

Drinking Water Regulations (19 V.I. R. &

Regs. § 1303) after available treatment.



Phosphorus: Phosphorus as total P shall not exceed

50 g/L in marine and coastal waters.



Nitrogen: Nitrogen as total N shall not exceed 207

ug/L in more than 10 percent of samples over a

three-year period in estuarine, marine and coastal

waters.



Radioactivity:



(1)



(2)

(3)



Gross beta: 1000 picocuries per liter, in the

absence of Sr 90 and alpha emitters.



Radium-226: 3 picocuries per liter.



Strontium-90: 10 picocuries per liter.



Water Quality Management Program, Water Quality Standards



CVIR 12-007-000, Subchapter 186



42

(i) Clarity:



(1) A Secchi disc shall be visible at a minimum

depth of one (1) meter. For waters where the

depth does not exceed one (1) meter, the

bottom must be visible.



(2)  Incoral reef ecosystems areas, a secchi disc

shall be visible at a minimum depth of fifteen

(15) meters. For such waters where the depth

does not exceed fifteen (15) meters, the

bottom must be visible.



(j) Turbidity:



(1) A maximum nephelometric turbidity unit

reading of three (3) shall be permissible.



(2) In coral reef ecosystems areas, a maximum

nephelometric turbidity unit reading of one (1)

shall be permissible.



§ 186 - 5: General Water Quality Criteria



The three types of requirements listed in (a), (b) and (c) below (the narrative water

quality criteria, numeric water quality criteria for toxic pollutants and downstream

protection requirements) are applicable to all classes of all Territorial Waters —

Inland, Marine and Coastal Waters (unless otherwise stated).



(a) Narrative Water Quality Criteria: All Territorial Waters shall meet generally

accepted aesthetic qualifications and shall be capable of supporting diversified

aquatic life. Refer to § 186-3 above for a complete list of these waters.



(1) All Territorial Waters shall be free of substances attributable to

municipal, industrial, or other discharges or wastes as follows:



(A) Deposits - materials that will settle to form objectionable

deposits,

Amended Rules and Regulations for



Water Quality Management Program, Water Quality Standards

CVIR 12-007-000, Subchapter 186 43

(B)

(C)



(D)



(E)



(F)



(G)



(H)



(I)



(J)



Matter - floating debris, oils, scum, and other nuisance matter,



Turbidity - substances producing objectionable turbidity, such as

sediment, floating debris, scum and other floating materials

attributable to discharges in amounts sufficient to be unsightly,

deleterious, create a nuisance, or be detrimental to the existing or

designated uses of the waterbody,



Materials - including radionuclides, in concentrations or

combinations which are toxic or which produce undesirable

physiological responses in human, fish and other animal life, and

plants,



Color - virtually free from substances producing objectionable

color for aesthetic purposes,



Suspended, colloidal, or settleable solids - from wastewater

sources which will cause disposition or be detrimental to existing

or designated uses,



Oil and floating substances - residue attributable to wastewater

or visible oil film or globules of grease,



Taste and odor producing substances - in amounts that will

interfere with the use for primary contact recreation, potable

water supply or will render any undesirable taste or odor to edible

aquatic life, except where these substances are primarily the

result of natural conditions, states or forces (e.g. decomposition)

rather than anthropogenic factors or processes,



Substances and/or conditions - in concentrations which produce

undesirable aquatic life, and



Nuisance species - Exotic or aquatic.



(2) Biocriteria: These narrative biological criteria shall apply to Class A,

B, and C waters, wetlands, estuarine, mangrove, seagrass, coral reef and

other marine ecosystems based upon their respective reference



Amended Rules and Regulations for

Water Quality Management Program, Water Quality Standards

CVIR 12-007-000, Subchapter 186 44

conditions and metrics. The Territory shall preserve, protect, and

restore these water resources to their most natural condition. The

condition of these waterbodies shall be determined from measures of

physical, chemical, and biological characteristics of each waterbody

class, according to its designated use. As a component of these

measures, the Territory may consider the biological integrity of the

benthic communities living within waters. These communities shall be

assessed by comparison to reference conditions with similar abiotic and

biotic environmental settings that represent the optimal or least

disturbed condition for that system. Such reference conditions shall be

those observed to support the greatest community diversity, and

abundance of aquatic life as is expected to be or has been historically

found in natural settings essentially undisturbed or minimally disturbed

by human impacts, development, or discharges. This condition shall be

determined by consistent sampling and reliable measures of selected

indicator communities of flora and/or fauna and may be used in

conjunction with other measures of water quality.



In utilizing the following criteria, the Virgin Islands shall preserve,

protect, and restore Territorial Waters to their most natural condition.



(A) Determining Conditions



(i) | The condition of these waterbodies shall be determined

from measures of physical, chemical, and biological

characteristics of each waterbody class, according to its

designated use.



(ii) | As acomponent of these measures, the Virgin Islands may

consider the biological integrity of the benthic

communities living within waters. These communities

shall be assessed by comparison to reference conditions(s)

with similar abiotic and biotic environmental settings that

represent the optimal or least disturbed condition for that

system. Such reference conditions shall be those observed

to support the greatest community diversity, and

abundance of aquatic life as is expected to be or has been

historically found in natural settings essentially

undisturbed or minimally disturbed by human impacts,



Amended Rules and Regulations for

Water Quality Management Program, Water Quality Standards

CVIR 12-007-000, Subchapter 186 45

development, or discharges. This condition shall be

determined by consistent sampling and reliable measures

of selected indicator communities of flora and/or fauna

and may be used in conjunction with other measures of

water quality.



(B) Sufficient Quality: Waters shall be of a sufficient quality to

support a resident biological community defined by metrics

based upon reference conditions.



(b) Numeric Criteria:

Numeric Water Quality Criteria for Toxic Pollutants.



(1) The applicable numeric water quality criteria for the toxic pollutants to

protect the designated uses of the Territorial Waters shall be the United

States Environmental Protection Agency’s (EPA) national

recommended Clean Water Act section 304(a) water quality criteria

(http://www.epa.gov/wqc/national-recommended-water-quality-

criteria, accessed on August 17, 2018), EPA’s Office of Water, Office

of Science and Technology (4304T), adopted for the protection of

freshwater and saltwater aquatic life from acute (criterion maximum

concentration) and chronic (criterion continuous concentration) effects;

and, the protection of human health.



(A) The applicable criteria are as follows in Tables I, II and III (and

accompanying footnotes):



Amended Rules and Regulations for

Water Quality Management Program, Water Quality Standards

CVIR 12-007-000, Subchapter 186 46

Table I. Aquatic Life Criteria



Freshwater



Saltwater



(apply to IF & IG



(apply to IBS, A, B,



waters)



and C waters)



CMC



CCC



CMC



CCC



CAS



(acute)



(chronic) | (acute) | (chronic)



Pollutant



Number



(Al)



(A2)



(Al)



(A2)



(ug /L)



(ug/L)



(ug/L)



(ng/L)



Acrolein



107028



3



3



309002



3



1.3



Aldrin (H)



Alkalinity (1)



——



20000



alpha-Endosulfan (H)



959988



0.22



0.056



0.034



0.0087



Aluminum pH 6.5 — 9.0



7429905



750



87



Freshwater Criteria Are pH, Temperature



and Life-stage Dependent (B1)



Ammonia (A.3)



7664417



Saltwater Criteria Are pH and Temperature



Dependent (B2)



Freshwater



Saltwater



(apply to IF & IG



(apply to IBS, A, B,



waters)



and C waters)



CMC



CCC



CMC



CCC



CAS



Pollutant



(acute)



(chronic) | (acute)



(chronic)



Number



(Al)



(A2)



(Al)



(A2)



(ug /L)



(ng/L)



(ug/L)



(ug/L)



7440382



340



150



Arsenic (C)



69



36



beta-Endosulfan (H)



33213659



0.22



0.056



0.034



0.0087



Carbaryl



63252



2.1



2.1



1.6



7440439



1.8



0.72



33



7.9



Cadmium (C) (D) (J)



57749



2.4



0.0043



0.09



0.004



Chlordane (H)



Chloride



16887006



860000



230000



Chlorine



7782505



19



1]



13



7.5



Chloropyrifos



2921882



0.083



0.041



0.011



0.0056



Amended Rules and Regulations for



Water Quality Management Program, Water Quality Standards



CVIR 12-007-000, Subchapter 186



47

Chromium (III) (C) (D)



16065831



570



74



J)



18540299



16



11



50



Chromium (VI) (C)



1,100



Freshwater criteria



Copper (C)



7440508



4.8



3.1



calculated using the



Biotic Ligand Model



Cyanide (F)



$7125



22



5.2



l



Demeton



8065483



0.1



0.1



Diazinon



333415



0.17



0.17



0.82



0.82



Dieldrin



60571



0.24



0.056



0.71



0.0019



Endrin



72208



0.086



0.036



0.037



0.0023



gamma-BHC (Lindane)



58899



0.95



0.16



To protect freshwater and marine aquatic



life, the total dissolved gas concentrations in



Gases, Total Dissolved



water should not exceed 100 percent of the



saturation value for gases at the existing



atmospheric and hydrostatic pressures.



Guthion (I)



86500



0.01



0.01



Freshwater



Saltwater



(apply to IF & IG



(apply to IBS, A, B,



waters)



and C waters)



CMC



CCC



CMC



CCC



CAS



(acute)



Pollutant



(chronic) | (acute) | (chronic)



Number



(Al)



(A2)



(Al)



(A2)



(ug /L)



(ug/L)



(ug/L)



(ug/L)



Heptachlor (H)



76448



0.52



0.0038



0.053



0.0036



Heptachlor Epoxide (H)



1024573



0.52



0.0038



0.053



0.0036



Iron (I)



7439896



1000



Lead (C) (D) (J)



7439921



65



2.5



210



8.1



Malathion (I)



121755



0.1



0.1



7439976



Mercury



0.77



1.8



0.94



Methylmercury (C)



22967926



Methoxychlor (I)



72435



0.03



0.03



2385855



Mirex (I)



0.001



0.001



Amended Rules and Regulations for



Water Quality Management Program, Water Quality Standards



CVIR 12-007-000, Subchapter 186



48

Nickel (C) (D) (J) 7440020 470 52 74 8.2

Nonylphenol 84852153 28 6.6 7 1.7

Parathion 56382 0.065 0.013

Pentachlorophenol 87865 19 15 13 7.9

Polychlorinated

Biphenyls (PCBs) (E) QO NE

Freshwater criteria

Selenium (C) 7782492 | applied as a four-part | 290 71

criterion (K)

Silver (C) (D) 7440224 3.2 1.9

Sulfide-Hydrogen Sulfide | 7783064 2 2

Toxaphene 8001352 0.73 0.0002 0.21 0.0002

Tributyltin (TBT) — 0.46 0.072 0.42 0.0074

Zinc (C) (D) 7440666 120 120 90 81

4,4'-DDT (G) 50293 1.1 0.001 0.13 0.001

Table I Footnotes:



A - Frequency and Duration of Criteria Exceedance:



Al. Acute aquatic life protection criteria are expressed as one-hour average not

to be exceeded more than once over a three-year period.



A2. Chronic aquatic life protection criteria are expressed as four-day average



not to be exceeded more than once over a three-year period.



A3. For ammonia, the highest four-day average within the 30-day period

should not exceed 2.5 times the CCC.



B — Ammonia criteria calculations:



B1. Freshwater Ammonia Criteria (for Class IF waters):



Amended Rules and Regulations for



Water Quality Management Program, Water Quality Standards

CVIR 12-007-000, Subchapter 186 49

i. Acute Criterion:

The one-hour average concentration of total ammonia nitrogen (in mg TAN/L) is

not to exceed, more than once every three years on the average, the CMC (acute

criterion magnitude) calculated using the following equation:



0.275 39.0

1 + 107-204-pH + 1+ am):



0.0114 1.6181

(07248 * (7 + 107-204-pH + 1+ s oAaa x (23.12 x jorsxee-n))



CMC = MIN ((



ii. Chronic Criterion Calculations

The thirty-day rolling average concentration of total ammonia nitrogen (in mg

TANIL) is not to exceed, more than once every three years on the average, the

chronic criterion magnitude (CCC) calculated using the following equation:



0.0278 1.1994

1 + 107-688-pH + 1 + 107#—7.688



CCC = 0.8876 x ( ) x (2.126 x 10%028%(20-m4x(7,7)))

In addition, the highest four-day average within the 30-day averaging period should

not be more than 2.5 times the CCC (e.g., 2.5 x 1.9 mg TAN/L at pH 7 and 20°C or

4.8 mg TAN/L) more than once in three years on average.



B2. Saltwater Ammonia Criteria (for Class A, B, C, and IBS Waters):



Concentrations based on total ammonia for the pH range of 7.0 to 9.0, temperature

range of 0 °C to 35 °C, and salinities of 10, 20 and 30 g/kg are provided in Tables 1

and 2 below:



Amended Rules and Regulations for

Water Quality Management Program, Water Quality Standards

CVIR 12-007-000, Subchapter 186 50

Table 1. Water quality criteria for saltwater aquatic life based on total ammonia

(mg/L) — Criteria Maximum Concentrations.



Temperature (degrees centigrade)



10 15 20 25 30 35

pH Salinity = 10 g/kg

7.0 131 92 62 44 29 21

a2 83 58 40 27 19 13

7.4 52 35 25 h7 12 8.3

7.6 33 23 16 11 7.7 5.6

7.8 21 15 10 7.1 5.0 3.5

8.0 13 9.4 6.4 4.6 3.1 2.3

8.2 8.5 5.8 4.2 2.9 241 1.5

8.4 5.4 3.7 Pryi 1.9 1.4 1.0

8.6 3.5 2.5 1.8 1.3 0.98 | 0.75

8.8 2.3 1.7 1.2 0.92 | 0.71 | 0.56

9.0 1.5 1.1 0.85 | 0.67 | 0.52 | 0.44

pH Salinity = 20 g/kg

7.0 137 96 64 44 31 21

7.2 87 60 42 29 20 14

7.4 54 37 27 18 12 8.7

7.6 35 23 17 11 7.9 5.6

7.8 23 15 11 7.5 5.2 3.5

8.0 14 9.8 6.7 4.8 3.3 2.3

8.2 8.9 6.2 4.4 3.1 2.1 1.6

8.4 5.6 4.0 2.9 2.0 1.5 1.1



Amended Rules and Regulations for

Water Quality Management Program, Water Quality Standards

CVIR 12-007-000, Subchapter 186 51

8.6 3.7 | 27 | 19 | 14 | 10 | 0.77

8.8 25 | 1.7 | 13 | 0.94 | 0.73 | 0.56

9.0 1.6 | 1.2 | 0.87 | 0.69 | 0.54 | 0.44

pH Salinity = 30 g/kg



7.0 148] 102 | 71 4g | 33 | 23

72 | 94 | 64 | 44 | 31 21 15

74 Semill4on|ao27 19 13) #914

7.6 S71 25) (82 | 12) 18.5 60

7.8 23 O00) | Salil |, 729) |e Sit | se

8.0 15 100 (n7-3)m 1 5.0, ||) 3iseeapiniaes

8.2 Si6h | M6'7 Mi 46) | (33h lf 23 1.7

8.4 Xie! en a | i I

8.6 4'0Ni| 2. 7enee2.0 j|itit4 Ftetenin0.8i

8.8 25 | 18 | 13 7 10 | 0.75 | 0.58

9.0 1.7 | 12 | 094 | 0.71 | 0.56 | 0.46



Amended Rules and Regulations for



Water Quality Management Program, Water Quality Standards



CVIR 12-007-000, Subchapter 186



52

Table 2. Water quality criteria for saltwater aquatic life based on total ammonia

(mg/L) — Criteria Continuous Concentrations.

Temperature (degrees centigrade)



10 15 20 25 30 35



pH Salinity = 10 g/kg



7.0 20 14 9.4 6.6 4.4 sal



7.2 12 8.7 5.9 4.1 2.8 2.0

7.4 7.8 5.3 3.7 2.6 1.8 1.2



7.6 5.0 3.4 2.4 1.7 182, 0.84

7.8 Sal 212 LD Int 0.75 | 0.53

8.0 2.0 1.4 0.97 | 0.69 | 0.47 | 0.34

8.2 1.3 0.87 | 0.62 | 0.44 | 0.31 | 0.23



8.4 0.81 | 0.56 | 0.41 | 0.29 | 0.21 | 0.16

8.6 0.53 | 0.37 | 0.27 0.2 0.15 | 0.11

8.8 0.34 | 0.25 | 0.18 | 0.14 | 0.11 | 0.08

9.0 0.23 | 0.17 | 0.13 0.1 0.08 | 0.07



pH Salinity = 20 g/kg



7.0 21 14 9.7 6.6 4.7 3.1



7.2 13 9.0 6.2 4.4 3.0 2.1



7.4 8.1 5.6 4.1 2.7 1.9 1.3



7.6 5.3 3.4 2.5 1.7 1.2 0.84

7.8 3.4 2.3 1.6 1.1 0.78 | 0.53

8.0 2.1 1.5 1.0 0.72 0.5 0.34

8.2 1.3 0.94 | 0.66 | 0.47 | 0.31 | 0.24



Amended Rules and Regulations for

Water Quality Management Program, Water Quality Standards

CVIR 12-007-000, Subchapter 186 53

8.4 0.84 | 0.59 | 0.44 | 03 | 0.22 | 0.16

8.6 0.56 | 0.41 | 0.28 | 0.2 | 015 | 0.12

8.8 0.37 | 0.26 | 0.19 | 0.14 | 0.11 | 0.08

9.0 0.24 | 0.18 | 013 | 01 | 0.08 | 0.07

pH Salinity = 30 g/kg

7.0 22 15 11 a7 SS Ones 4

72am le al )*,9.70l= 66) [47a Ss yume

7A Te es | ey ere

7.6 S16 |) o3:7e a -3.1e | sal) lise [sn0.9

7.8 Sari 2.47 | 1-7a [pda wos) 10156

8.0 2:2) (N16 Tela 161 | OL? SBNIL 015300137

8.2 14 | 10 | 069 | 05 | 034 | 0.25

8.4 0.9 | 0.62 | 0.44 | 031 | 0.23 | 0.17

8.6 0.59 | 041 | 03 | 0.22 | 0.16 | 0.12

8.8 0.37 | 0.27 | 02 | 015 | 0.11 | 0.09

9.0 0.26 | 0.19 | 0.14 | 0.11 | 0.08 | 0.07 |



Amended Rules and Regulations for



Water Quality Management Program, Water Quality Standards



CVIR 12-007-000, Subchapter 186



54

C - Freshwater and saltwater criteria for metals are expressed in terms of the

dissolved metal in the water column.



Table 3. Conversion Factors for Dissolved Metals



Metal Conversion Factor

freshwater freshwater saltwater | saltwater

CMC CCC CMC CCC

Arsenic 1.000 1.000 1.000 1.000

Cadmium 1.136672- 1.101672- 0.994 0.994

[(In(hardness)) [(In(hardness))

(0.041838)] (0.041838)]

Chromium 0.316 0.860 — —

Ill

Chromium 0.982 0.962 0.993 0.993

VI

Copper 0.960 0.960 0.83 0.83

Lead 1.46203- 1.46203- 0.951 0.951

[(In(hardness)) [(in(hardness))

(0.145712)] (0.145712)]

Mercury 0.85 0.85 0.85 0.85

Nickel 0.998 0.997 0.990 0.990

Selenium — — 0.998 0.998

Silver 0.85 — 0.85 —

Zinc 0.978 0.986 0.946 0.946

Amended Rules and Regulations for

Water Quality Management Program, Water Quality Standards

CVIR 12-007-000, Subchapter 186 35

D - Parameters for Calculating Freshwater Dissolved Metals Criteria That Are

Hardness-Dependent



Table 4.

Freshwater Conversion Factors (CF)

Chemical ma ba Mc bc

CMC CCC

Cadmium | 1.0166] -3.924| 0.7409] -4.719 1.136672- 1.101672-

[(In(hardness)) [(in(hardness))

(0.041838)] (0.041838)]

Chromium} 0.8190} 3.7256] 0.8190] 0.6848 0.316 0.8600

Il

Lead 1.273 | -1.460] 1.273 | -4.705 1.46203- 1.46203-

[(in(hardness)) [(in(hardness))

(0.145712)] (0.145712)]

Nickel 0.8460 | 2.255 | 0.8460] 0.0584 0.998 0.997

Silver 1.72 -6.59 — — 0.85 —

Zinc 0.8473 | 0.884 | 0.8473} 0.884 0.978 0.986



Hardness-dependent metals’ criteria may be calculated from the following:

CMC (dissolved) = exp{ma [In(hardness)]+ ba} (CF)

CCC (dissolved) = exp{mc [In(hardness)]+ bc} (CF)



E - This criterion applies to total PCBs, (e.g., the sum of all congener or all isomer



or homolog or Aroclor analyses.)



F - This recommended water quality criterion is expressed as pg free cyanide (as



CNYL.



G - This criterion applies to DDT and its metabolites (i.e., the total concentration of

DDT and its metabolites should not exceed this value).



H - These criteria are based on the 1980 criteria which used different Minimum Data

Requirements and derivation procedures from the 1985 Guidelines. If evaluation is



Amended Rules and Regulations for

Water Quality Management Program, Water Quality Standards

CVIR 12-007-000, Subchapter 186



56

to be done using an averaging period, the acute criteria values given should be

divided by 2 to obtain a value that is more comparable to a CMC derived using the

1985 Guidelines.



I - The CCC of 20mg/L is a minimum value except where alkalinity is naturally

lower, in which case the criterion cannot be lower than 25% of the natural level.



J - The freshwater criterion for this metal is expressed as a function of hardness

(mg/L). The value given here corresponds to a hardness of 100 mg/L.



Amended Rules and Regulations for

Water Quality Management Program, Water Quality Standards

CVIR 12-007-000, Subchapter 186 57

K - The freshwater criterion for Selenium is summarized in the table below:



Table 5.

Media Fish Tissue! Water Column?

Type

Criterion | Egg/Ovary* | Fish Whole Monthly Intermittent Exposure®

Element Body or Average

Muscle? Exposure

Magnitude} 15.1 mg/kg | 8.5 mg/kg dw | 1.5 pg/L in

dw whole body lentic

aquatic

or systems WOCin =

WOQC 30 aay ~ C skeend (1 ~ Ii int )

11.3 mg/kg | 3.1 pg/L in Sn

dw muscle | lotic aquatic

(skinless, systems

boneless filet)

Duration | Instantaneous | Instantaneous 30 days Number of days/month with

measurement® | measurement® an elevated concentration

Frequency | Not to be Not to be Not more | Not more than once in three

exceeded exceeded than once in years on average

three years

on average



1. Fish tissue elements are expressed as steady-state.



2. Egg/Ovary supersedes any whole-body, muscle, or water column element when fish

egg/ovary concentrations are measured.



3. Fish whole-body or muscle tissue supersedes water column element when both fish

tissue and water concentrations are measured.



4. Water column values are based on dissolved total selenium in water and are derived

from fish tissue values via bioaccumulation modeling. Water column values are the



applicable criterion element in the absence of steady-state condition fish tissue data.



5. Where WQC3o-day is the water column monthly element, for either a lentic or lotic



Amended Rules and Regulations for



Water Quality Management Program, Water Quality Standards

CVIR 12-007-000, Subchapter 186



58

waters; Cyxema 1s the average background selenium concentration, and fin is the fraction



of any 30-day period during which elevated selenium concentrations occur, with fin

assigned a value 20.033 (with 0.033 corresponding to 1 day).



6. Fish tissue data provide instantaneous point measurements that reflect integrative

accumulation of selenium over time and space in fish population(s) at a given site.



Table I. Human Health Criteria



Human Health for the consumption of



Watert+Organism | Organism Only

(A) (A)

(ug/L) (ug/L)

(only applicable to (apply to all

. waters except

CAS aaa eee ones designated

Pollutant Number Poe cy and currently

eing used as a :

potable water ee eee

source” potable water

source

Acenaphthene (E) 83329 70 90

Acrolein 107028 3 400

Acrylonitrile (C) 107131 0.061 7

Aldrin (C) 309002 0.00000077 0.00000077

alpha-BHC 319846 0.0036 0.00039

alpha-Endosulfan 959988 20 30

Anthracene 120127 300 400

Antimony (B) (D) 7440360 5.6 640

Arsenic (C) (D) 7440382 0.018 0.14

Asbestos (D) 1332214 | 7 million fibers/L -

Barium (D) 7440393 1,000 -

Benzene (C) (D) 71432 0.58-2.1 16-58

Benzidine (C) 92875 0.00014 0.011

Benzo(a) Anthracene (C) 56553 0.0012 0.0013

Benzo(a) Pyrene (C) (D) 50328 0.00012 0.00013

Benzo(b) Fluoranthene (C) 205992 0.0012 0.0013

Amended Rules and Regulations for

Water Quality Management Program, Water Quality Standards

CVIR 12-007-000, Subchapter 186 59

CVIR 12-007-000, Subchapter 186



Benzo(k) Fluoranthene (C) 207089 0.012 0.013

beta-BHC 319857 0.008 0.014

beta-Endosulfan 33213659 20 40

Bis(2-Chloroethyl) Ether (C) 111444 0.03 2.2

Bis(2-Chloroisopropyl) Ether 108601 200 4,000

Bis( aa; ain (C) 117817 0.32 0.37

Bis(Chloromethyl) Ether (C) 542881 0.00015 0.017

Bromoform (C) (D) 75252 7 120

Human Health for the consumption of

Water+Organism | Organism Only

(A) (A)

(ug/L) (ug/L)

(apply to all | ters excep

CAS waters except ones nes desi , d

Pollutant designated and ONES GESIENAE

Number . and currently

currently being hei

eing used as

used as potable

potable water

water source”’) source”

Butylbenzyl Phthalate W 85687 0.1 0.1

Carbon Tetrachloride (C) (D) 56235 0.4 5

Chlordane (D) 57749 0.00031 0.00032

Chlorobenzene (D) (E) 108907 100 800

Chlorodibromomethane (C) (D) 124481 0.8 21

Chloroform (C) (D) 67663 60 2,000

Sn EN (2,4-D) 94757 1,300 12,000

Chlorophenoxy Herbicide (2,4,5-

TP) [Silvex] (D' 93721 100 400

Chrysene (C) (D) 218019 0.12 0.13

Copper (C) (D) 7440508 1,300 -

Cyanide (D) (F) 57125 o 400

|___ Dibenzo(a,h)Anthracene (C) 53703 0.00012 0.00013

Dichlorobromomethane (C) (D) 75274 0.95 27

Dieldrin (C) 60571 0.0000012 0.0000012

Amended Rules and Regulations for

Water Quality Management Program, Water Quality Standards

60

Diethyl PhthalateW



84662



600



600



131113



2,000



Dimethyl PhthalateW



2,000



Di-n-Butyl PhthalateW



84742



20



30



Dinitrophenols



25550587



10



1,000



Endosulfan Sulfate



1031078



20



40



Endrin (D)



72208



0.03



0.03



Endrin Aldehyde



7421934



l



]



542881



0.0001



0.00029



Ether, Bis (Chloromethy])



Ethylbenzene (D)



100414



68



130



Human Health for the consumption of



Water+Organism | Organism Only



(A)



(A)



(ug/L)



(ug/L)



(apply to all



(apply to all



waters except ones



waters except



Pollutant



CAS



ones designated



Number



designated and



and currently



currently being



used as potable



being used as



potable water



water source ’’)



source”’)



Fluoranthene



206440



20



20



Fluorene



86737



50



70



gamma-BHC (Lindane) (D)



58899



4.2



44



76448



0.0000059



0.0000059



Heptachlor (C) (D)



Heptachlor Epoxide (C) (D)



1024573



0.000032



0.00032



Hexachlorobenzene (C) (D)



118741



0.000079



0.000079



87683



0.01



0.01



Hexachlorobutadiene (C) (D)



Hexachlorocyclo-hexane-



608731



0.0066



0.01



Technical



Hexachlorocyclopentadiene (D)



77474



4



4



(E)



Hexachloroethane (C)



67721



0.1



0.1



193395



0.0012



0.0013



Indeno(1,2,3-cd) Pyrene (C)



Isophorone (C)



78591



34



1,800



Manganese (E)



7439965



50



100



7439976



Mercury Methylmercury



-



0.3 mg/kg



22967926



Methoxychlor (D)



72435



0.02



0.02



Amended Rules and Regulations for



Water Quality Management Program, Water Quality Standards



CVIR 12-007-000, Subchapter 186



61

Methyl Bromide



74839



100



10,000



75092



20



Methylene Chloride (C) (D)



1,000



Nickel (B)



7440020



610



4,600



Nitrates (D)



14797558



10,000



98953



10



600



Nitrobenzene (E)



Nitrosamines



0.0008



1.24



Nitrosodibutylamine, T (C)



924163



0.0063



0.22



55185



0.0008



1.24



Nitrosodiethylamine, T (C)



Nitrosopyrrolidine, T (C)



930552



0.016



34



Human Health for the consumption of



Water+Organism | Organism Only



(A)



(A)



(ng/L)



(ug/L)



(apply to all



(apply to all



waters except



Pollutant



CAS



waters except ones



ones designated



Number



designated and



currently being



and currently



being used as



used as potable



potable water



water source”’)



source ”’)



N-Nitrosodimethylamine (C)



62759



0.00069



3



N-Nitrosodi-n-Propylamine (C)



621647



0.005



0.51



N-Nitrosodiphenylamine (C)



86306



3.3



6



Pentachlorobenzene



608935



0.1



0.1



Pentachlorophenol (C) (D) (E)



87865



0.03



0.04



Phenol (E) (G)



108952



4,000



300,000



Polychlorinated Biphenyls (PCBs)



0.000064



0.000064



(C) (D)



Pyrene



129000



20



30



7782492



170



Selenium (D)



4,200



Solids Dissolved and Salinity



—



250,000



Tetrachlorobenzene, | ,2,4,5-



95943



0.97



1.



127184



10



Tetrachloroethylene (C) (D)



29



Thallium



7440280



0.24



0.47



Amended Rules and Regulations for



Water Quality Management Program, Water Quality Standards



CVIR 12-007-000, Subchapter 186



62

Toluene (D) 108883 57 520

Toxaphene (C) (D) 8001352 0.0007 0.00071

Trichloroethylene (C) (D) 79016 0.6 7

Trichlorophenol,2,4,5- 95954 1,800 3,600

Vinyl Chloride (C) (D) 75014 0.022 1.6

Zinc (E) 7440666 7,400 26,000

1,1,1-Trichloroethane (D) 71556 10,000 200,000

1,1,2,2-Tetrachloroethane (C) 79345 0.2 3



Human Health for the consumption of



Watert+Organism | Organism Only

4

(A) (A)

(ug/L) (ug/L)

(apply to all Oil

waters except

CAS waters except ones o designated

Pollutant designated and nes &

Number . and currently

currently being

being used as

used as potable bl

water source”’) potable em

source

1,1,2-Trichloroethane (C) (D) 79005 0.55 8.9

1 ,1-Dichloroethylene (C) (D) 75354 300 20,000

1,2,4-Trichlorobenzene (D) 120821 0.071 0.076

1,2-Dichlorobenzene (D) 95501 1,000 3,000

1,2-Dichloroethane (C) (D) 107062 9.9 650

1 ,2-Dichloropropane (C) (D) 78875 0.9 31

1.2-Diphenylhydrazine (C) 122667 0.03 0.2

1 ,2-Trans-Dichloroethylene (D) 156605 100 4,000

1,3-Dichlorobenzene 541731 7 10

1,3-Dichloropropene (C) 542756 0.27 12

1,4-Dichlorobenzene (D) 106467 300 900

2,3,7,8-TCDD (Dioxin) (C) (D)_ | 1746016 5.00E-09 5.10E-09

2,4,5-Trichlorophenol (E) 95954 300 600

2,4,6-Trichlorophenol (E) 88062 1.5 2.8

2,4-Dichlorophenol (E) 120832 10 60

2,4-Dimethylphenol (E) 105679 100 3,000

2,4-Dinitrophenol 51285 10 300

2,4-Dinitrotoluene (C) 121142 0.049 1.7

Amended Rules and Regulations for

Water Quality Management Program, Water Quality Standards

CVIR 12-007-000, Subchapter 186 63

2-Chloronaphthalene 91587 800 1,000

2-Chlorophenol (E) 95578 30 800

2-Methy1-4,6-Dinitrophenol 534521 2 30

3,3'-Dichlorobenzidine (C) 91941 0.049 0.15

3-Methyl-4-Chlorophenol (E) 59507 500 2000

4.4'-DDD (C) 72548 0.00012 0.00012

4 4'-DDE (C) 72559 0.000018 0.000018

4 4'-DDT (C) 50293 0.00003 0.00003



Table I. Footnotes:



A - Frequency and Duration of Criteria Exceedance:



Al. Human health noncarcinogenic effect-based criteria are expressed as

30-day average with no frequency of exceedance.



A2. Human health carcinogenic effect-based criteria are expressed as a 70-

year average with no frequency of exceedance.



B - This criterion has been revised to reflect The United States Environmental

Protection Agency's q1* or reference dose R{D, as contained in the Integrated Risk

Information System (IRIS) as of May 17, 2002. The fish tissue bioconcentration

factor (BCF) from the 1980 Ambient Water Quality Criteria document used to derive

the original criterion was retained in each case.



C - This criterion is based on carcinogenicity of 10° risk.



D - EPA has issued a Maximum Contaminant Level (MCL) for this chemical which

may be more stringent. See EPA's National Primary Drinking Water Regulations.



E - The criterion for organoleptic (taste and order) effects may be more stringent.

The organoleptic criteria can be found in Table III] below for both fresh and marine

waters.



F - This recommended water quality criterion is expressed as total cyanide, even

though the IRIS RFD we used to derive the criterion is based on free cyanide. The

multiple forms of cyanide that are present in ambient water have significant

differences in toxicity due to their differing abilities to liberate the CN-moiety. Some

complex cyanides require even more extreme conditions than refluxing with sulfuric



Amended Rules and Regulations for

Water Quality Management Program, Water Quality Standards

CVIR 12-007-000, Subchapter 186 64

acid to liberate the CN-moiety. Thus, these complex cyanides are expected to have

little or no ‘bioavailability’ to humans. If a substantial fraction of the cyanide present

in a waterbody is present in a complexed form (e.g., Fes[Fe(CN)¢]3), this criterion

may be over conservative.



G - This criterion has been revised to reflect the United States Environmental

Protection Agency's cancer slope factor (CSF) or reference dose (RfD), as contained

in the Integrated Risk Information System (IRIS) as of (date of publication of Final

FR Notice). The fish tissue bioconcentration factor (BCF) from the 1980 Ambient

Water Quality Criteria document was retained in each case.



Table III - Organoleptic Effects (e.g., taste and odor)



Pollutant CAS Number Organoleptic Effect Criteria

(ug/L)



Acenaphthene 83329 20

Monochlorobenzene 108907 20



3-Chlorophenol 0.1



4-Chlorophenol 106489 0.1

2,3-Dichlorophenol 0.04

2,5-Dichlorophenol 0.5

2,6-Dichlorophenol —_ 0.2

3,4-Dichlorophenol — 0.3

2,4,5-Trichlorophenol 95954 1

2,4,6-Trichlorophenol 88062 2

2,3,4,6-Tetrachlorophenol | — 1

2-Methyl-4-Chlorophenol | — 1800

3-Methyl-4-Chlorophenol | 59507 3000



Amended Rules and Regulations for

Water Quality Management Program, Water Quality Standards

CVIR 12-007-000, Subchapter 186 65

Pollutant CAS Number Organoleptic Effect Criteria

(ug/L)



3-Methyl-6-Chlorophenol | — 20

2-Chlorophenol 95578 0.1

Copper 7440508 1000

2,4-Dichlorophenol 120832 0.3

2,4-Dimethylphenol 105679 400

Hexachlorocyclopentadiene | 77474 1

Nitrobenzene 98953 30

Pentachlorophenol 87865 30

Phenol 108952 300

Zine 7440666 5000



(c) Downstream Protection — All Territorial waters shall attain and maintain a

level of water quality that provides for the attainment and maintenance of the water

quality standards of downstream waters.



Amended Rules and Regulations for



Water Quality Management Program, Water Quality Standards

CVIR 12-007-000, Subchapter 186 66

§ 186 - 6: Thermal Policy



In order to protect the Territorial Waters from thermal pollution, the following

criteria shall apply:



(a)



(b)

(c)



(d)



(f)



(g)



Fish and other aquatic life shall be protected from thermal blocks to movement

and pass-through, and a minimum of seventy-five percent (75%) stream or

estuarine cross-section and/or volumetric passageway, including a minimum

of one half of the surface as measured from water edge to water edge at any

stage of tide, shall be provided for.



In non-passageway the surface water temperature shall not exceed 32°C.



Except in designated mixing zones established pursuant to § 186-7 of this title,

no heat may be added which would cause temperatures to exceed 32°C, or

which would cause the monthly mean of the maximum daily temperature at

any site, prior to the addition of any heat, to be exceeded by more than 1.0°C.



No discharge or combination of discharges shall be injurious to aquatic life

(including any threatened or endangered species) or the culture or propagation

of a balanced indigenous population thereof.



Rate of temperature change outside the mixing zone established pursuant to §

186-7 of this title shall not be more than 0.5°C per hour nor exceed 3°C in any

24-hour period except when natural phenomena cause these limits to be

exceeded.



Unless specific conditions, such as spawning ground, migratory routes, or

other sections of conditions from these regulations are applicable, the thermal

mixing zone should be defined by a sphere with a specified point as the center

(not necessarily the outfall but limited to one point for each installation) and

a radius equal to the square root of the volume of discharge (A) expressed as

millions of gallons per day, times 200 feet; and in no case exceed 3/8 mile.

The formula is:



Radius (mixing zone) = (VA) * 200 feet < 3/8 mile.



Amended Rules and Regulations for

Water Quality Management Program, Water Quality Standards

CVIR 12-007-000, Subchapter 186 67

§ 186 - 7: Mixing Zones



(a) As part of the Water Quality Certification Program established by 12 V.I.C. §

185(b), the TPDES permitting program, or through a separate public review

process, the Commissioner may establish parameter-specific mixing zones

that apply to the discharge of treated wastewater to surface waters of the

Territorial Waters. In a mixing zone (up to its boundary), water quality

criteria can be exceeded as long as acutely toxic conditions are prevented.



(b) The Commissioner, in determining whether to establish or grant a request for

a mixing zone, shall apply the following criteria:



(1)

(2)

(3)



(4)



(5)



(6)

(7)



(8)



(9)



(10)



Mixing zones shall be limited to an area or volume as small as feasible;

There shall be prompt mixing of the discharge with receiving waters;



Mixing zones shall not be used for, or considered as a substitute for,

minimum treatment technology;



Mixing zones shall not create nuisance conditions, accumulate

pollutants in sediments or biota in toxic amounts, or diminish existing



or best usages of surface waters disproportionately;



There shall be no mixing zones for pathogens or indicators of

pathogens;



Mixing zones shall not encroach upon intakes for potable water;



Mixing zones shall not encroach upon areas used for harvesting of

stationary species such as shellfish;



There shall be no lethality to organisms passing through the mixing

zone;



There shall be safe and adequate passage for swimming and drifting

organisms;



Mixing zones shall minimize impacts on aquatic life, and shall not

interfere with biological communities, including coral reefs and all their



Amended Rules and Regulations for

Water Quality Management Program, Water Quality Standards

CVIR 12-007-000, Subchapter 186 68

(11)



habitats, spawning areas, nursery areas, and fish migration routes to a

degree that is damaging to the ecosystem;



There shall be no mixing zones for discharges that would likely

jeopardize the continued existence of any threatened or endangered

species, or that would likely result in the destruction or adverse

modification of any such species’ critical habitat.



§ 186 - 8: Antidegradation Policy and Implementation Procedures



The Commissioner shall maintain and protect existing water uses, including those

that protect any threatened or endangered species, as well as the level of water

quality necessary to protect existing uses.



(a) Antidegradation Policy



(1)



(2)



In those water bodies where the quality exceeds levels necessary to

support the protection and propagation of fish, wildlife, desirable

species, including threatened or endangered species, and recreation in

and on the water, that quality shall be maintained and protected.



Notwithstanding the preceding sentence, a water quality lower than the

existing quality may be allowed on a parameter-by-parameter basis

when the Commissioner determines that, taking into account

practicable alternatives, allowing such lower water quality is necessary

to accommodate important economic or social development and will

not interfere with or become injurious to any assigned uses made of, or

presently possible in, such waters. In allowing such lower water

quality, the Commissioner shall require a water quality level adequate

to fully protect existing and designated uses. The Commissioner may

condition the lowering of water quality on the implementation of one

or more practicable alternatives. The public review process

requirements established in § 186-15 of this title for amendments to

water quality standard regulations shall also apply to the determinations

and lower water quality levels authorized by this section. Further, the

Commissioner will require that:



Amended Rules and Regulations for

Water Quality Management Program, Water Quality Standards

CVIR 12-007-000, Subchapter 186 69

(3)



(4)



(A) The highest statutory and regulatory requirements for all new

and/or existing point sources be achieved, and



(B) The cost-effective and reasonable best management practices for

non-point sources control be implemented.



Notwithstanding paragraph (2) of this subsection, for high quality

waters that are Outstanding National Resource or Class A waters, the

water quality shall be maintained and protected, and a lower water

quality shall not be allowed.



Where potential water quality impairment is associated with a thermal

discharge, this thermal discharge must comply with section 316 of the

Clean Water Act, as amended, 33 U.S.C. § 1326.



(b) Antidegradation Implementation Procedures



(1)



General: In conducting an antidegradation review, which would occur

as part of the Water Quality Certification Program (established by 12

V.I.C. § 185(b)), the TPDES permitting program, or through a separate

public review process, the Commissioner will sequentially apply the

following steps:



(A) Determine which level of antidegradation protection applies:

(i) Tier 1 — Protection of Existing and Designated Uses

(ii) Tier 2 — Protection of High Quality Waters



(iii) Tier 3 — Protection of Outstanding National Resource

Waters (ONRWs)



(B) Review existing water quality data and other information

submitted by the applicant. The applicant shall provide to the

DPNR the information regarding the discharge including, but not

limited to the following:



(i) Description of the nature of the pollutants to be

discharged,



Amended Rules and Regulations for

Water Quality Management Program, Water Quality Standards

CVIR 12-007-000, Subchapter 186 70

(ii) Treatment technologies applied to the pollutants to be

discharged,



(iii) | Nature of the petitioner’s business,

(iv) Daily maximum and average flow to be discharged,

(v) Effluent characterization,



(vi) Effluent limitations requested to be applied to the

discharge according to the TPDES regulations,



(vii) Location of the point of discharge,



(viii) Receiving waterbody name,



(ix) Water quality data of the receiving waterbody,



(x) Receiving waterbody minimum flow for stream waters,

(xi) Location of water intakes within the waterbody, and



(xi1) Data and information demonstrating that the discharge is

necessary to accommodate important economic or social

development in the area where the receiving waters are

located, and



(xiii) An alternatives analysis that can form the basis of, or serve

as, the alternatives analysis required by paragraph (1)(C)

of this subsection.



(C) Prepare an analysis of alternatives (including alternative control

options, alternative processes and predicted reduction in water

quality for each alternative) that assesses their practicability and

the extent to which they affect DPNR’s determination that

lowering water quality is necessary to accommodate important

economic or social development in the area in which the waters

are located. The analysis of alternatives shall evaluate a range of



Amended Rules and Regulations for

Water Quality Management Program, Water Quality Standards

CVIR 12-007-000, Subchapter 186 71

practicable solutions and best management practices that would

prevent or lessen the degradation associated with the proposed

activity.



(D) Determine if additional information or assessment is necessary

to make the decision.



(E) Prepare an intent to issue or deny the request to lower the water

quality of a waterbody and follow the public review process

requirements established in § 186-15 of this title for amendments

to water quality standards regulations.



(F) Address the comments received from the interested parties and

consider such comments as part of the decision-making process.



(G) Make the final determination to approve or deny the request for

an increased loading.



(2) Tier 1 - Existing uses protection: For Tier 1 waters, all existing uses

and the water quality necessary to protect the existing uses shall be

maintained and protected.



(A) Tier 1 waters are:



(i) Those Waters of the US Virgin Islands identified as

impaired and that have been included in the list required

by section 303(d) of the CWA; and



(ii) Those Waters of the US Virgin Islands for which

attainment of applicable water quality standards has been

or is expected to be, achieved through implementation of

effluent limitations more stringent than technology-based

controls.



(B) Todecide whether a lower water quality should be allowed under

(a\(2) of this section for a Tier 1 waterbody, the Commissioner

must determine if a discharge would lower the water quality to

the extent that it would no longer be sufficient to protect and

maintain the existing and designated uses of that waterbody.



Amended Rules and Regulations for

Water Quality Management Program, Water Quality Standards

CVIR 12-007-000, Subchapter 186 72

(C) When a waterbody has been impaired for a parameter of concern,

causing it to be included on the 303(d) List, then the

Commissioner will not allow an increase of the concentration of

the parameter of concern, or pollutants affecting the parameter of

concern, in the waterbody. This “no increase” will be achieved

by requiring the applicable water quality standards to be met at

the end of the pipe. Until such time that a Total Maximum Daily

Load (TMDL) is developed for the parameter of concern for the

waterbody, no discharge will be allowed to cause or contribute

to further degradation of the waterbody.



(D) When the assimilative capacity of a waterbody is not sufficient

to ensure maintenance of the water quality standard for a

parameter of concern with an additional load to the waterbody,

then the DPNR will not allow an increase of the concentration of

the parameter of concern, or pollutants affecting the parameter of

concern, in the waterbody. This “no increase” will be achieved

by requiring the applicable water quality standards to be met at

the end of the pipe. Until such time that a TMDL is developed

for the parameter of concern for the waterbody, no discharge will

be allowed to cause or contribute to further degradation of the

waterbody.



(3) Tier 2 - High quality water protection:



(A) Identification of high quality water shall be performed on a

parameter-by-parameter basis. Waters shall not be excluded

from Tier 2 protection based solely on the impairment of a single



parameter or group of parameters if any of the uses specified in

CWA section 101(a)(2) is attained.



Amended Rules and Regulations for

Water Quality Management Program, Water Quality Standards

CVIR 12-007-000, Subchapter 186 73

(B) To verify that a waterbody is a high quality water for a parameter

of concern, which initiates a Tier 2 antidegradation review, the

DPNR must evaluate and determine:



(i) The existing water quality of the waterbody,

(ii) |The projected water quality of the waterbody, and



(iii) If the existing and designated uses of the waterbody will

be fully maintained and protected in the event of a

lowering of water quality.



(C) Inmultiple discharge situations, the effects of all discharges shall

be evaluated.



(D) Alternative analysis and social/economic analysis shall be

conducted consistent with the requirements of § 186 - 8(b)(1)(C)

above.



(E) An antidegradation demonstration submittal is required for any

person seeking to lower the water quality in a High Quality

Water. The antidegradation demonstration submittal to the

Commissioner must include the following:



(i) Pollution Prevention Alternatives Analysis: Identify any

cost-effective pollution prevention alternatives and

techniques that are available to persons that would

eliminate or significantly reduce the extent to which the

increased loading results in a lowering of the water

quality.



(ii) | Alternative or Enhanced Treatment Analysis: Identify

alternative or enhanced treatment techniques that are

available to the person that would eliminate the lowering

of the water quality and their costs relative to the cost of

treatment necessary to achieve applicable effluent

limitations.



(iii) Important Social or Economic Development Analysis:



Amended Rules and Regulations for

Water Quality Management Program, Water Quality Standards

CVIR 12-007-000, Subchapter 186 74

Identify the social or economic development and the

benefits to the area in which the waters are located that

will be foregone if the lowering of water quality is not

allowed.



(F) In order to allow the lowering of water quality in high quality

waters, the applicant must show and justify the necessity for such

lowering of the water quality. DPNR will not allow the entire

assimilative capacity of a waterbody for a parameter of concern

to be allocated to a discharger, if the necessity of the requested

effluent limitation for the parameter of concern is not

demonstrated to the full satisfaction of DPNR.



(G) The public review process requirements established in § 186-15

of this title for amendments to water quality standards

regulations shall also apply to any finding that will allow a lower

water quality.



(H) Requirements for point and nonpoint sources when allowing a

lowering of water quality shall be the highest statutory and

regulatory requirements for all new and existing point sources

and all cost-effective and reasonable best management practices

for nonpoint source control.



(1) DPNR’s Antidegradation decision process is as follows:



(1) | Once DPNR determines that the information provided by

the person proposing to increase loadings is

administratively complete, DPNR_ shall use that

information to determine whether or not the lowering of

the water quality is necessary taking practicable

alternatives into account.



(ii) If DPNR determines that the lowering of the water quality

is necessary, DPNR must then determine, taking

practicable alternatives into account, whether or not the

lowering of the water quality will support important social

and economic development in the area.



Amended Rules and Regulations for

Water Quality Management Program, Water Quality Standards

CVIR 12-007-000, Subchapter 186 75

(iii) If the proposed lowering of water quality is either not

necessary, or will not support important social and

economic development, taking practicable alternatives

into account, DPNR shall deny the request to lower the

water quality.



(iv) Ifthe lowering of the water quality is necessary, and will

support important social and economic development,

taking practicable alternatives into account, DPNR may

allow all or part of the proposed lowering to occur as

necessary.



(4) Tier 3 - ONRW Protection: Waters identified as ONRWs shall be

maintained and protected.



(A) When the DPNR designates a specific water as Class A, that

water is also an ONRW.



(B) Any interested party may nominate a specific water to be

classified as an ONRW (or Class A water), and the DPNR will

make the final determination.



(C) The natural conditions of an ONRW (or Class A water), shall not

be changed. No new or increased point source dischargers will

be permitted in ONRWs.



(5) Thermal Discharges: Consistency with section 316 of the CWA shall

be ensured in cases that involve potential water quality impairment

associated with thermal discharges.



Amended Rules and Regulations for

Water Quality Management Program, Water Quality Standards

CVIR 12-007-000, Subchapter 186 76

§ 186-9: Analytical Procedure



The analytical procedures used as methods of analysis to determine the chemical,

bacteriological, biological, and radiological quality of waters sampled shall be in

accordance with those specified in or approved under Title 40 of the Code of Federal

Regulations (CFR) Part 136 or other methods approved by the DPNR and the EPA.



§ 186-10: Applicability of Standards



If a requirement established by any provision of this Regulation is either more

restrictive or less restrictive than a requirement established by any other provision

of this Regulation, or by any other law, regulation, standard, or limit established by

any duly constituted governmental authority having jurisdiction, the requirement

which is more restrictive shall apply.



§186 - 11: Natural Conditions



Natural waters may have characteristics outside of the limits prescribed by these

regulations. The criteria contained herein do not relate to violations of standards

resulting from natural forces.



§ 186 - 12: Schedules of Compliance for Limits in TPDES Permits



(a) Persons, who are authorized to discharge pollutants into the Waters of the

United States Virgin Islands at the time these WQS are amended to add or

make more stringent any water quality standards, shall meet such newly

adopted or more stringent water quality standards within three (3) years of the

effective date of the amendment.



(b) The Commissioner shall upon the expiration of the three (3) years revoke or

modify any discharge permit previously issued which result in reducing the

quality of such waters below the newly established standards.



(c) Nothing in this section shall limit any authority of the Commissioner to set or

revise schedules of compliance pursuant to the statutes and regulations

referred to herein.



Amended Rules and Regulations for

Water Quality Management Program, Water Quality Standards

CVIR 12-007-000, Subchapter 186 77

(d) Any schedule of compliance issued by the Commissioner shall be in

accordance with sections 502(17) and 301(b)(1)(C) of the Clean Water Act.



§ 186 - 13: Site-specific Criteria



As part of the Water Quality Certification Program (established by 12 V.LC. §

185(b)), the TPDES permitting program, or through a separate public review

process, the Commissioner may allow site-specific modifications to criteria on a site-

specific basis in order to reflect local environmental conditions.



(a) Requirements for Site-specific Modifications to Criteria: Any modification

must comply with the following:



(1)



(2)



(3)



(4)



(5)



Modifications must be protective of designated uses and aquatic life,

wildlife or human health.



Modifications that result in less stringent criteria must be based on a

sound scientific rationale and shall not be likely to jeopardize the

continued existence of endangered or threatened species listed or

proposed under section 4 of the Federal Endangered Species Act or

Title 12, Chapter 2 of the Virgin Islands Code, or likely to result in the

destruction or adverse modification of such species' critical habitat.



More stringent modifications shall be developed to protect endangered

or threatened species listed or proposed under section 4 of the federal

ESA or Title 12, Chapter 2 of the Virgin Islands Code, where such

modifications are necessary to ensure that water quality is not likely to

jeopardize the continued existence of such species or result in the

destruction or adverse modification of such species' critical habitat.



The public review process requirements established in § 186-15 of this

title for amendments to water quality standards regulations shall also



apply to any modification that would result in less stringent criteria.



Modifications must be submitted by DPNR to EPA for approval.



Amended Rules and Regulations for

Water Quality Management Program, Water Quality Standards

CVIR 12-007-000, Subchapter 186 78

(b) Aquatic Life Criteria:



(1) Aquatic life criteria may be modified on a site-specific basis to provide

an additional level of protection.



(2) Less stringent site-specific modifications to chronic or acute aquatic

life criteria may be developed when:



(A) The local water quality characteristics such as pH, hardness,

temperature, color, etc., alter the biological availability or

toxicity of a pollutant; or



(B) The sensitivity of the aquatic organism species that “occur at the

site” differs from the species actually tested in developing the

criteria. The phrase “occur at the site” includes the species,

genera, families, orders, classes, and phyla that: are usually

present at the site; are present at the site only seasonally due to

migration; are present intermittently because they periodically

return to or extend their ranges into the site; were present at the

site in the past, are not currently present at the site due to

degraded conditions, and are expected to return to the site when

conditions improve; are present in nearby bodies of water, are

not currently present at the site due to degraded conditions, and

are expected to be present at the site when conditions improve.

The taxa that “occur at the site” cannot be determined merely by

sampling downstream and/or upstream of the site at one point in

time. “Occur at the site” does not include taxa that were once

present at the site but cannot exist at the site now due to

permanent physical alteration of the habitat at the site resulting,

for example, from dams, etc.



(3) Less stringent modifications also may be developed to acute and

chronic aquatic life criteria to reflect local physical and hydrological

conditions.



Amended Rules and Regulations for

Water Quality Management Program, Water Quality Standards

CVIR 12-007-000, Subchapter 186 79

(c) Human Health Criteria:



(1) Human health criteria may be modified on a site-specific basis to

provide an additional level of protection. Human health criteria shall

be modified on a site-specific basis to provide additional protection

appropriate for highly exposed subpopulations.



(2) Less stringent site-specific modifications to human health criteria may

be developed when:



(A) local fish consumption rates are lower than the rate used in

deriving the human health criteria in § 186-5(c) of this title,

and/or



(B) a site-specific bioaccumulation factor is derived which is lower

than that used in deriving human health criteria in § 186-5(c) of

this title.



§ 186 - 14: Water Quality Standards Variances



It is the Commissioner’s policy that a WQS variance is only appropriate when a

designated use is not attainable in the short-term but might be attainable in the long-

term. The Commissioner may consider a temporary modification to a designated

use and associated water quality criteria that would otherwise apply. The

Commissioner could issue a variance as part of the Water Quality Certification

Program (established by 12 V.1.C. § 185(b)), the TPDES permitting program, or

through a separate public review process.



(a) Applicability: A variance from any WQS that is the basis of a water quality-

based effluent limitation included in a TPDES Permit is based on the

following:



(1) A variance from WQS applies only to the permittee requesting the

WQS variance, the waterbody/waterbody segment(s) specified in the

WQS variance or the pollutant or pollutants specified in the WQS

variance.



(2) A WQS variance does not affect, or require the Commissioner to



Amended Rules and Regulations for

Water Quality Management Program, Water Quality Standards

CVIR 12-007-000, Subchapter 186 80

(3)



(4)



(5)



(6)



modify, in its standards, the underlying designated use and criterion

addressed by the WQS variance, unless the Territory adopts and EPA

approves a revision to the underlying designated use and criterion

consistent with 40 CFR § 131.10 and 131.11. All applicable standards

not specifically addressed by the WQS variance remain in effect.



A variance does not affect, or require the Commissioner to modify, the

corresponding water quality standard for the waterbody as a whole.



A WQS variance, once adopted by the Territory and approved by EPA,

shall be the applicable standard for purposes of the CWA under 40 CFR

§ 131.21(d)-(e), for the following limited purposes. An approved WQS

variance applies for the purposes of developing TPDES permit limits

and requirements under section 301(b)(1)(C) of the CWA, where

appropriate, consistent with paragraph (a)(1) of this section. DPNR and

other certifying entities may also use an approved WQS variance when

issuing certifications under section 401 of the CWA.



A variance from a water quality standard shall not be adopted if the

variance would likely jeopardize the continued existence of any

endangered or threatened species or result in the destruction or adverse

modification of such species' critical habitat.



A variance from WQS shall not be adopted if standards will be attained

by implementing effluent limits required under sections 301(b) and 306

of the Clean Water Act (CWA) and by the permittee implementing cost-

effective and reasonable best management practices for nonpoint

source control.



(b) The maximum timeframe: A variance from the WQS shall not exceed five

(S) years or the term of the TPDES permit, whichever is less. The

Commissioner will review, and modify as necessary, variances from WQS as

part of each water quality standards review pursuant to section 303(c) of the



CWA.



(c) Conditions to adopt: A variance from the WQS may be adopted if, and only



if:



Amended Rules and Regulations for

Water Quality Management Program, Water Quality Standards

CVIR 12-007-000, Subchapter 186 81

(1) The permittee demonstrates to DPNR that attaining the WQS is not

feasible because:



(A)



(B)



(C)



(D)



(E)



(F)



Naturally occurring pollutant concentrations prevent the

attainment of the WQS;



Natural, ephemeral, intermittent or low flow conditions or water

levels prevent the attainment of the WQS, unless these conditions

may be compensated for by the discharge of sufficient volume of

effluent to enable WQS to be met without violating Territorial

water conservation requirements;



Human-caused conditions or sources of pollution prevent the

attainment of the WQS and cannot be remedied, or would cause

more environmental damage to correct than to leave in place;



Dams, diversions or other types of hydrologic modifications

preclude the attainment of the WQS, and it is not feasible to

restore the waterbody to its original condition or to operate such

modification in a way that would result in the attainment of the

WwQs;



Physical conditions related to the natural features of the

waterbody, such as the lack of a proper substrate cover, flow,

depth, pools, riffles, and the like, unrelated to chemical water

quality, preclude attainment of WQS; or



Controls more stringent than those required by sections 301(b)

and 306 of the CWA would result in substantial and widespread

economic and social impact.



(2) The permittee shall also:



(A)



(B)



Show that the WQS variance requested conforms to the

requirements of the antidegradation procedures in § 186-8 of this

title; and



Characterize the extent of any increased risk to human health and

the environment associated with adoption of the requested WQS



Amended Rules and Regulations for

Water Quality Management Program, Water Quality Standards

CVIR 12-007-000, Subchapter 186 82

variance compared with compliance with WQS absent the

variance, and explain how any such increased risk will remain

unlikely to pose a significant risk to public health, safety and

welfare.



(d) Requirements for Submission of Application to DPNR



(1) An application for a WQS variance must include:



(A)



(B)



Identification of the pollutant(s) or water quality parameter(s),

and the waterbody/waterbody segment(s) for which the WQS

variance is sought. Discharger(s)-specific WQS variance

requests must also identify the permittee(s) seeking the WQS

variance and the requested extent of variance from the WQS.



The requested requirements that would apply throughout the

term of the WQS variance. The applicant must explain how the

requested requirements would meet the criteria set forth in (g)(2)

of this section.



(2) The supporting documentation to be submitted by the Applicant must

include:



(A) Documentation demonstrating the need for a WQS variance.



(i) | Fora WQS variance to a use specified in section 101(a)(2)

of the CWA or a sub-category of such a use, the applicant

must demonstrate that attaining the designated use and

criterion is not feasible throughout the term of the WQS

variance because:



(a) Attaining the WQS is not feasible based on one or

more of the conditions in § 186-14 (c)(1) of this title;

or



(b) Actions necessary to facilitate lake, wetland, or stream

restoration through dam removal or other significant

reconfiguration activities preclude attainment of the



Amended Rules and Regulations for

Water Quality Management Program, Water Quality Standards

CVIR 12-007-000, Subchapter 186 83

designated use and criterion while the actions are

being implemented.



(ii) Fora WQS variance to a non-101(a)(2) use, the applicant

must submit documentation justifying how consideration

of the use and value of the water for those uses listed in 40

CFR 131.10(a) appropriately supports the WQS variance

and term. A demonstration consistent with (d)(2)(A)(i) of

this section may be used to satisfy this requirement.



(B) Documentation demonstrating that the requested term of the

WQS variance is only as long as necessary to achieve the highest

attainable condition. Such documentation must justify the term

of the WQS variance by describing the pollutant control

activities to achieve the highest attainable condition, including

those activities identified through a Pollutant Minimization

Program, which serve as milestones for the WQS variance.



(C) In addition to (A) and (B) of this paragraph, for a WQS variance

that would apply to a waterbody or waterbody segment:



(i) Identification and documentation of any cost-effective and

reasonable best management practices for nonpoint source

controls related to the pollutant(s) or water quality

parameter(s) and waterbody or waterbody segment(s)

specified in the requested WQS variance that could be

implemented to make progress towards attaining the

underlying designated use and _ criterion. The

Commissioner must provide public notice and comment

for any such documentation.



(ii) Any subsequent WQS variance for a waterbody or

waterbody segment must include documentation of

whether and to what extent best management practices for

nonpoint source controls were implemented to address the

pollutant(s) or water quality parameter(s) subject to the

WQS variance and the water quality progress achieved.



Amended Rules and Regulations for

Water Quality Management Program, Water Quality Standards

CVIR 12-007-000, Subchapter 186 84

(e)



(f)



(g)



(D) All relevant information demonstrating compliance with the

conditions in § 186-14 (c)(2) of this title.



Implementing WQS variances in TPDES permits: A WQS variance serves as

the applicable water quality standard for implementing TPDES permitting

requirements pursuant to 12 V.I. R. & Regs. § 184-54(c) and 40 CFR §

122.44(d) for the term of the WQS variance. Any limitations and requirements

necessary to implement the WQS variance shall be included as enforceable

conditions of the TPDES permit for the permittee(s) subject to the WQS

variance.



Public notice of preliminary decision: Upon receipt of a complete application

for a variance from the WQS, and upon making a preliminary decision

regarding the WQS variance, the Commissioner shall provide public notice of

the request and preliminary decision for public comment. This public notice

will be satisfied by including the supporting information for the variance from

the WQS and the preliminary decision in the public notice of a draft TPDES

permit.



Final decision: The Commissioner will issue a final decision on a WQS

variance request within 90 days of the expiration of the public comment period

required in accordance with the TPDES permit.



(1) Ifthe Commissioner approves all or part of the variance from the WQS,

the decision shall include all permit conditions needed to implement

those parts of the WQS variance as approved. Such permit conditions

shall, at a minimum, require:



(A) Compliance with an initial effluent limitation which, at the time

the variance from the WQS is granted, represents the level

currently achievable by the permittee, and which is no less

stringent than that achieved under the previous permit;



(B) Achieving reasonable progress toward attaining the water quality

standards for the waterbody as a whole through appropriate

conditions;



(C) When the duration of a variance from the WQS is shorter than

the duration of a permit, compliance with an effluent limitation



Amended Rules and Regulations for

Water Quality Management Program, Water Quality Standards

CVIR 12-007-000, Subchapter 186 85

sufficient to meet the underlying water quality standard, upon the

expiration of said WQS variance; and



(D) A provision that allows the Commissioner to reopen and modify

or revoke any condition granted in a WQS variance due to the

permittee not providing relevant information that reasonable

would affect the decision process.



(2) If the Commissioner decides to issue a WQS variance, it shall include

requirements that represent the highest attainable condition of the

waterbody or waterbody segment applicable throughout the term of the

WQS variance. The requirements shall not result in any lowering of the

currently attained ambient water quality, unless a WQS variance is

necessary for restoration activities, consistent with subsection

(d)(2)(A)(i)(b) of this section. DPNR must specify the highest

attainable condition of the waterbody or waterbody segment as a

quantifiable expression that is one of the following:



(A) For discharger(s)-specific WQS variances:

(i) The highest attainable interim criterion, or



(ii) The interim effluent condition that reflects the greatest

pollutant reduction achievable, or



(iii) Ifno additional feasible pollutant control technology can

be identified, the interim criterion or interim effluent

condition that reflects the greatest pollutant reduction

achievable with the pollutant control technologies

installed at the time the Territory adopts the WQS

variance, and the adoption and implementation of a

Pollutant Minimization Program.



(B) For WQS variances applicable to a waterbody or waterbody

segment:



(i) |The highest attainable interim use and interim criterion, or



(ii) If no additional feasible pollutant control technology can



Amended Rules and Regulations for

Water Quality Management Program, Water Quality Standards

CVIR 12-007-000, Subchapter 186 86

be identified, the interim use and interim criterion that

reflects the greatest pollutant reduction achievable with

the pollutant control technologies installed at the time the

Territory adopts the WQS variance, and the adoption and

implementation of a Pollutant Minimization Program.



(3) IfDPNR decides to issue WQS variance, its term must only be as long

as necessary to achieve the highest attainable condition identified at the

time of the adoption of the WQS variance. The Territory may adopt a

subsequent WQS variance consistent with this section.



(h) Incorporating the WQS variance: DPNR will establish and incorporate into

the permittee’s TPDES permit all conditions needed to implement the

variance from the WQS as determined in § 186-14 (g) of this title.



(i) Renewal of WQS variance: A WQS variance may be renewed, subject to the

requirements of § 186-14(a) through (h) of this title. As part of any renewal

application, the permittee shall again demonstrate that attaining the WQS is

not feasible based on the requirements of § 186-14(c) of this title. The

permittee's application shall also contain information concerning its

compliance with the conditions incorporated into its permit as part of the

original variance from the WQS pursuant to § 186-14(g) and (h) of this title.

Renewal of a WQS variance may be denied if the permittee did not comply

with the conditions of the original WQS variance.



(j) | EPA Approval: DPNR shall submit all variances from the WQS and



supporting information to EPA Region 2 for approval. The submittal shall

include



(1) Relevant permittee applications pursuant to § 186-14(d) of this title,



(2) Public comments and records of any public hearings pursuant to § 186-

14(f) of this title,



(3) The final decision pursuant to § 186-14(g) of this title, and



(4) |TPDES permits issued pursuant to § 186-14(h) of this title.



Amended Rules and Regulations for

Water Quality Management Program, Water Quality Standards

CVIR 12-007-000, Subchapter 186 87

§ 186 - 15: Public Review Process



(a) Public Notice: Public notice shall be published on each island in one (1)

newspaper of wide circulation within that island informing of the

Commissioner’s intention to amend the VI Water Quality Standards

Regulations. Such notice shall also:



(1) Inform the public and interested parties that comments related to the

proposed WQS amendments can be submitted to DPNR within sixty

(60) days after publication of the notice;



(2) Include the location and times in which the amended draft of the VI’s

Water Quality Standards Regulations, “Background and Basis”

document and other relevant documents are available for public review;

and



(3) Include other relevant information determined by the Commissioner.



(b) Public Hearing: DPNR shall hold public hearings, within a reasonable time,

before the expiration of the sixty (60) day public comment period described

above in subsection (a). DPNR shall publish public notice of the public

hearing at least thirty (30) days prior to the set public hearing date, in one (1)

newspaper of wide circulation within each island, specifying the following:



(1) The day(s), the time(s) and the place(s) of the public hearing,

(2) The waters for which standards are sought to be amended, and

(3) Include any other pertinent information specified by the DPNR.



(c) Response to Comments: The DPNR shall review all public comments

submitted during the public review process, including comments received

during the public hearings. The DPNR shall complete and make available to

the public the “Responsiveness Summary” document prior to the adoption of

proposed amendments into the WQS Regulations.



Amended Rules and Regulations for

Water Quality Management Program, Water Quality Standards

CVIR 12-007-000, Subchapter 186 88

§ 186 - 16: Enforcement



The Commissioner shall enforce these Water Quality Standards Rules and

Regulations in accordance with 12 V.I.C. § 186(d), as amended.



Amended Rules and Regulations for

Water Quality Management Program, Water Quality Standards

CVIR 12-007-000, Subchapter 186 89

CERTIFICATION OF PUBLICATION AND CONFORMITY IN FORMATTING



In my capacity as Lieutenant Governor of the United States Virgin Islands, I have

reviewed the foregoing Rules and Regulations from the Virgin Islands Department

of Planning and Natural Resources and find them to be in compliance with Title 3,

Chapter 25, and the Amended Rules and Regulations for Filing and Publication of

Regulations in the Territory of the United States Virgin Islands and hereby approve

int accordance with 3 V.I.C. § 936.



fe



Liettenant Governor

United States Virgin Islands



GOVERNOR’S APPROVAL & LIEUTENANT GOVERNOR’S ATTEST



Pursuant to the powers vested in me by Section 11 of the Revised Organic Act of

1954, the above Amended Rules and Regulations for Water Quality Standards,

issued by the United States Virgin Islands Department of Planning and Natural

Resources, which were duly published for public commentary in the Virgin Islands

Daily News on July 31, 2018, are hereby approved.



oo aa =e



Governor

United States Virgin Islands



oe ,

Mepiey At bole //7 [2220

REGENZA A. ROACH, ESQ. te



mae Governor

United States Virgin Islands



Amended Rules and Regulations for

Water Quality Management Program, Water Quality Standards

CVIR 12-007-000, Subchapter 186 90

GOVERNOR’S CERTIFICATE OF COMPELLING CIRCUMSTANCES



Pursuant to the authority granted under Section 938 of Title 3, Virgin Islands Code,

in my capacity as Governor of the United States Virgin Islands, I certify that because

of compelling circumstances, including lengthy delays before publication, the public

interest requires that the attached Amended Rules and Regulations for the Water

Quality Standards for the Territory of the United States Virgin Islands become

effective immediately on the date noted below.



Governor

United States Virgin Islands



CERTIFICATION OF TRANSMITTAL TO LEGISLATURE



I hereby certify that the above approved Amended Rules and Regulations for the

Water Quality Standards for the Territory of the United States Virgin Islands, issued

by the Virgin Islands Department of Planning and Natural Resources, were

transmitted to the Legislature of the United States Virgin Islands pursuant to 3 V.I.C.



C the date noted below.



Governor/Governor’s Designee



Amended Rules and Regulations for

Water Quality Management Program, Water Quality Standards

CVIR 12-007-000, Subchapter 186 91