[Federal Register Volume 62, Number 81 (Monday, April 28, 1997)]
[Proposed Rules]
[Pages 23003-23029]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-10723]
[[Page 23003]]
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Part III
Environmental Protection Agency
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40 CFR Part 131
Water Quality Standards for Idaho; Proposed Rule
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Federal Register / Vol. 62, No. 81 / Monday, April 28, 1997 /
Proposed Rules
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 131
[FRL-5817-8]
Water Quality Standards for Idaho
AGENCY: Environmental Protection Agency.
ACTION: Proposed rule.
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SUMMARY: EPA is proposing water quality standards that would be
applicable to the waters of the United States in the State of Idaho. If
promulgated as final standards, they will supersede those aspects of
Idaho's water quality standards that EPA disapproved in 1993 and 1996.
EPA is taking this action because it believes those State water quality
standards are inconsistent with the Clean Water Act and EPA's
implementing regulations. The timing of this rulemaking is designed to
comply with a court order directing EPA to propose standards by April
21, 1997 and to promulgate final standards 90 days thereafter. EPA is
proposing new use designations on currently unclassified waters in the
State, and new use designations on 53 specified water body segments
whose use designations do not meet the goals of the Clean Water Act and
which have not been justified by the State. EPA is also proposing new
temperature criteria necessary to protect certain threatened and
endangered species and species being considered for listing as
threatened and endangered. Finally, EPA's proposal addresses the
State's mixing zone and anti-degradation policies as well as its
excluded waters provision.
DATES: EPA will accept public comments on this rulemaking until May 28,
1997. Comments postmarked after this date may not be considered. EPA is
sponsoring two public hearings on today's proposed water quality
standards for Idaho on May 12, 1997. The first is scheduled for 2-5:00
pm (MDT), and the second for 6:30-9:30 pm (MDT).
ADDRESSES: An original plus 2 copies, and if possible an electronic
version of comments either in WordPerfect or ASCII format, should be
addressed to Lisa Macchio, U.S. EPA Region 10, Office of Water, 1200
Sixth Avenue, Seattle, Washington, 98101.
The public hearings will be held in Rooms A and B of the Department
of Environmental Quality Earl Chandler Building, 1410 North Hilton,
Boise, Idaho.
The administrative record for today's proposed rule is available
for public inspection at EPA Region 10, Office of Water, 1200 Sixth
Avenue, Seattle, Washington, 98101, between 8:00 a.m. to 4:30 p.m.
FOR FURTHER INFORMATION CONTACT: Lisa Macchio at U.S.EPA Region 10,
Office of Water, 1200 Sixth Avenue, Seattle, Washington, 98101
(telephone: 206-553-1834), or William Morrow in U.S.EPA Headquarters at
202-260-3657.
SUPPLEMENTARY INFORMATION:
Preamble Outline
A. Potentially Affected Entities
B. Background
1. Statutory and Regulatory Background
2. Factual Background
C. Unclassified Waters
1. Background
2. Idaho's Unclassified Waters Provision
3. Federal Use Designation for Unclassified Waters in Idaho
D. Stream Segments With Specific Beneficial Use Designations
1. Background
2. EPA Review of Idaho's Use Designations
3. Recent Idaho Actions
4. Federal Beneficial Use Designations for Specific Water Body
Segments
i. Primary Contact Recreation
ii. Cold Water Biota
iii. Salmonid Spawning
5. Request for Comment and Data
E. Temperature Criteria for Threatened and Endangered Species
1. Background
2. Kootenai River White Sturgeon
i. EPA's Review
ii. Idaho's Temperature Criteria
iii. EPA's Proposed Temperature Criteria
3. Freshwater Aquatic Snails
i. EPA's Review
ii. Idaho's Temperature Criteria
iii. EPA's Proposed Temperature Criterion
4. Bull Trout
i. EPA's Review
ii. Idaho's Temperature Criteria
iii. EPA's Proposed Temperature Criteria and Bull Trout
Distribution
F. Antidegradation Policy
G. Mixing Zone Policy
1. Idaho's Existing Policy
2. Federal Mixing Zone Policy for Idaho
H. Excluded Waters Provision
I. Federal Variances
J. Regulatory Impact Analysis
1. Use Attainability
2. Costs
i. Overview of Methodology to Estimate Potential Costs Related
to New Use Designations
ii. Results for Stream Segments with Specific Use Designations
and Unclassified Waters
iii. Overview of Approach to Estimate Potential Costs Related to
New Temperature Criteria
K. Executive Order 12866
L. Regulatory Flexibility Act as Amended by the Small Business
Regulatory Enforcement Fairness Act of 1996
M. Unfunded Mandates Reform Act
N. Paperwork Reduction Act
O. Executive Order 12875
A. Potentially Affected Entities
Citizens concerned with water quality in Idaho may be interested in
this rulemaking. Entities discharging pollutants to waters of the
United States in Idaho could be indirectly affected by this rulemaking
since water quality standards are used in determining National
Pollutant Discharge Elimination System (NPDES) permit limits.
Categories and entities which may ultimately be affected include:
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Examples of potentially affected
Category entities
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Industry.......................... Industries discharging pollutants to
surface waters in Idaho.
Municipalities.................... Publicly-owned treatment works
discharging pollutants to surface
waters in Idaho.
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This table is not intended to be exhaustive, but rather provides a
guide for readers regarding NPDES regulated entities likely to be
affected by this action. This table lists the types of entities that
EPA is now aware could potentially be affected by this action.
B. Background
1. Statutory and Regulatory Background
Under section 303 (33 U.S.C. 1313) of the Clean Water Act (CWA),
States are required to develop water quality standards for waters of
the United States within the State. Section 303(c) provides that water
quality standards shall include the designated use or uses to be made
of the water and criteria necessary to protect the uses. States are
required to review their water quality standards at least once every
three years and, if appropriate, revise or adopt new standards. The
results of this triennial review must be submitted to EPA, and EPA must
approve or disapprove any new or revised standards.
[[Page 23005]]
EPA regulations implementing section 303(c) are published at 40 CFR
Part 131. Under these rules, the minimum elements that must be included
in a State's water quality standards include: use designations for all
water bodies in the State, water quality criteria sufficient to protect
those use designations, and an anti-degradation policy consistent with
EPA's water quality standards. 40 CFR 131.6. States may also include in
their standards policies generally affecting the standards' application
and implementation. See 40 CFR 131.13. These policies are subject to
EPA review and approval.
The authority to review and to approve or disapprove new or revised
water quality standards for EPA Region X has been delegated from the
Administrator to the Regional Administrator, and redelegated to the
Regional Director of Water. See EPA's Delegation Manual, Sec. 2-10,
dated January 28, 1976, and EPA Region X's redelegation manual,
Sec. R10 1250.42, September 12, 1995. The authority to determine that
new or revised standards are needed, notwithstanding a prior approval,
has not been delegated, and so remains with the Administrator.
Section 303(c) of the CWA authorizes EPA to promulgate water
quality standards to supersede State standards that have been
disapproved, or in any case where the Administrator determines that a
new or revised standard is needed to meet the CWA's requirements. EPA
is acting today to promulgate standards superseding State standards
that have been deemed disapproved by the U.S. District Court for the
Western District of Washington's in Idaho Conservation League v.
Browner (No. C96-807WD, February 20, 1997, herein ``ICL v. Browner'').
Today's proposal represents a preliminary determination by the
Administrator that each of the elements in today's rulemaking is
necessary and appropriate.
EPA's usual practice when promulgating a water quality standard is
to provide 45 days advance notice of a hearing, and a public comment
period that extends at least until the date of the hearing. 40 CFR
Sec. 25.5(a). However, the regulations also allow for the modification
of specific deadlines where necessary to accommodate the specific
provisions of court orders. Here, EPA is under a court order to propose
standards in 60 days and to promulgate 90 days after proposal. A
comment period of 45 days would not allow EPA sufficient time to
analyze and consider a substantial set of comments. Accordingly, EPA is
providing a comment period of 30 days as well as holding two public
hearings on May 12, 1997. The demanding schedule for promulgation of
standards in this case has also led EPA to propose a special procedure
by which the Regional Administrator for Region 10 may grant variances
from EPA-designated uses where, following promulgation of these
standards, information becomes available showing that an EPA-designated
use is unattainable. See section I. below for a detailed discussion.
Section 7 of the Endangered Species Act requires federal agencies,
in consultation with the U.S. Fish and Wildlife Service (FWS) and
National Marine Fisheries Service (NMFS), to insure that their actions
are not likely to jeopardize the continued existence of any listed
species or result in the destruction or adverse modification of habitat
of such species which have been designated as ``critical.''
Consultation is designed to assist federal agencies in complying with
the requirements of section 7 by supplying a process within which FWS
and NMFS provide such agencies with advice and guidance on whether an
action complies with the substantive requirements of ESA. Approval of
State water quality standards and federal promulgation of water quality
standards are considered federal actions, and hence EPA is required to
comply with the requirements of section 7 of ESA prior to final
promulgation.
As a result of EPA's responsibilities and duties under Section 7 of
the Endangered Species Act, EPA has initiated informal consultation
with FWS and NMFS on this rulemaking. As part of this process EPA is
preparing a biological assessment document which will be submitted to
FWS and NMFS prior to the final rulemaking. EPA expects to conclude
consultation with the Services prior to the final rulemaking.
EPA developed today's proposed standards by application of existing
State requirements for development of water quality standards set out
in 40 CFR Part 131, EPA's implementing policies and procedures, and
existing methodologies for criteria development. The basis for the
proposed rule is described more fully below in sections C-I.
2. Factual Background
On July 11, 1994, Idaho submitted a complete set of water quality
standards to EPA for review and approval. Pursuant to section 303(c)(3)
of the CWA, EPA reviewed this complete set of standards. Under the
mistaken assumption that all the standards submitted in 1994 were new
or revised, EPA reviewed and approved or disapproved all of the State's
standards in a June 25, 1996 letter from Chuck Clarke, Region X
Regional Administrator, to Wallace Cory, Director, Idaho Division of
Environmental Quality. Specifically, the letter disapproved the State's
default use designation for unclassified waters, the use designations
for 53 waters with designated uses, temperature criteria, portions of
the mixing zone and antidegradation policies, the Kinross-Delamar
variance, and the excluded waters provision. The letter stated that EPA
was approving the remainder of Idaho's water quality standards, subject
to completing the consultation required under section 7 of the
Endangered Species Act.
Subsequent to the June 25, 1996 action, EPA Region X discovered
records that clarified that the standards it had acted on included not
only new and revised standards, but also standards which had been
previously approved in the same or substantially the same form. This
discovery was significant because Region X had been delegated authority
to approve or disapprove only new or revised State standards; the
Administrator has reserved the authority to determine that new or
revised federal standards are needed where State standards have
previously been approved. EPA promptly notified the parties and the
court of this discovery.
To ensure that all the deficiencies in Idaho's standards were
addressed in these circumstances, by a November 22, 1996 memorandum
from Chuck Clarke to the Administrator, Region X acknowledged its error
and recommended that the EPA Administrator act pursuant to her
discretionary authority to fill those gaps where Region X had acted
beyond its authority. On February 20, 1997, the District Court in ICL
v. Browner held that EPA was obligated to promulgate standards to
supersede all of those disapproved in the June 25, 1996 letter,
regardless of whether the standards were new or revised.
C. Unclassified Waters
1. Background
Water quality standards consist of designated beneficial uses,
criteria necessary to protect those uses, and an antidegradation
policy. Water quality standards establish the ``goals'' for a water
body. Designated beneficial uses determine what criteria apply to the
water body. In general, States have not
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had the resources to designate beneficial uses on a segment-by-segment
basis for all of the State's surface waters. States usually initially
designate beneficial uses site-specifically for a subset of water
segments that are potentially threatened by degradation, and then as
resources and information become available gradually begin to classify
the remainder. This allows States to focus limited resources on
collecting information to protect the water segments at most risk. This
approach combined with a default use designation for unclassified
waters ensures all State surface waters have designated beneficial uses
and are protected for purposes of the Clean Water Act.
Section 101(a)(2) of the Clean Water Act States the national goal
of achieving by July 1, 1983, ``water quality which provides for the
protection and propagation of fish, shellfish, and wildlife and * * *
recreation in and on the water,'' wherever attainable. These national
goals are commonly referred to as the ``fishable/swimmable'' goals of
the Clean Water Act. Section 303(c)(2)(A) requires water quality
standards to ``protect the public health and welfare, enhance the
quality of water, and serve the purposes of this Act.'' EPA's
regulations at 40 CFR Part 131 interpret and implement these provisions
through a requirement that water quality standards provide for
fishable/swimmable uses unless those uses have been shown to be
unattainable, effectively creating a rebuttable presumption of
attainability. Unless that presumption has been rebutted, a default
designation of fishable/swimmable beneficial uses apply.
Under 40 CFR Sec. 131.10(j), States and Tribes are required to
conduct a use attainability analysis (UAA) whenever the State or Tribe
designates or has designated uses that do not include the uses
specified in Section 101(a)(2) of the CWA, or when the State or Tribe
wishes to remove a designated use that is specified in Section
101(a)(2) of the Act, or adopt subcategories of uses that require less
stringent criteria. Section 131.10 lists grounds upon which a finding
of un-attainability may be based. At a minimum, uses are considered by
EPA to be attainable if the uses can be achieved when (1) effluent
limitations under Section 301(b)(1) (A) and (B) and Section 306 are
established for point source dischargers, and (2) cost effective and
reasonable best management practices are established for nonpoint
source dischargers.
A UAA is defined in 40 CFR Sec. 131.3(g) as a ``structured
scientific assessment of the factors affecting the attainment of a use
which may include physical, chemical, biological, and economic factors
as described in Sec. 131.10(g).'' In a UAA, the physical, chemical and
biological factors affecting the attainment of a use are evaluated
through a water body survey and assessment. In addition, where the
economic impact of attaining a use is an issue, those impacts may be
documented in the UAA.
2. Idaho's Unclassified Waters Provision
Idaho's regulations at 16.01.02.101.01. adopted August 24, 1994,
protected unclassified surface waters for primary contact recreation,
unless the physical characteristics of a water body prevented primary
contact recreation. In those cases, the water body was protected for
secondary contact recreation. While providing for swimmable waters
unless and until such use is shown to be unattainable, this provision
did not provide any protection for aquatic life, that is, the
``fishable'' component of fishable/swimmable uses. In its June 1996
letter, EPA disapproved this provision because it did not protect
unclassified waters for ``protection and propagation of fish, shellfish
and wildlife'' and because the State had not demonstrated that such
uses were unattainable in unclassified waters, as required by sections
101(a) and 303(c) of the CWA and by EPA's regulations.
On December 1, 1996, Idaho adopted a modified unclassified waters
provision which protects unclassified waters for all recreational use
in and on the water and the protection and propagation of fish,
shellfish and wildlife, ``wherever attainable.'' By letter dated
September 23, 1996, Idaho explained that this language was not intended
to establish a default designation for aquatic life, but rather that
the State contemplated that when regulatory decisions such as NPDES
permit decisions arose, data would be reviewed to determine the
appropriate beneficial use. Based on this letter and conversations with
Idaho's Division of Environmental Quality, it is EPA's understanding
that under Idaho's intended interpretation, this provision does not
presume that unclassified waters will be protected for fishable/
swimmable uses and does not require that such uses be demonstrated to
be unattainable before a lesser use is employed in regulatory
decisions. Idaho's approach appears to shift the burden so as to
require a demonstration that fishable/swimmable uses are attainable
before they will be protected. This is inconsistent with the goals of
CWA Sec. 101(a)(2) and the requirements of CWA Sec. 303(b)(2) and 40
CFR 131.10.
3. Federal Use Designation for Unclassified Waters in Idaho
EPA is proposing to promulgate a default use designation for
unclassified waters which provides for the protection and propagation
of fish, shellfish, and wildlife, and recreation in and on the water,
unless it is demonstrated to EPA for a particular water body that such
use(s) are unattainable. Demonstrations that a fishable/swimmable use
is unattainable for a particular unclassified water body can be made by
applying for a variance to the federal standard. The federal variance
procedure is discussed in section I. The CWA specifies that States are
to establish water quality standards which includes designating
beneficial uses. It is only when a State adopts standards inconsistent
with the CWA, that EPA must promulgate replacement standards. If Idaho
formally designates a beneficial use for a specific unclassified water
body, that water body would no longer be subject to the proposed
unclassified waters provision. Such designations are subject to EPA
review and approval under CWA Sec. 303(c)(2). In addition, if Idaho
corrects the deficiency in their current designated use for
unclassified waters, and EPA approves, EPA will remove today's federal
designated use for unclassified waters.
In order to provide for the protection and propagation of aquatic
life in unclassified waters, it is necessary to determine the
predominant type of aquatic life in Idaho's surface waters. Aquatic
life in different ecosystems have different needs. Salmonid fishes,
especially chinook salmon and bull trout, are often referred to as
cold-water fish (ODEQ, 1995). Cold-water fish occur in all of Idaho's
basins, with some limited exceptions of isolated sub-basins in southern
Idaho. Table 1 shows the non-salmonid fish found in Idaho (Simpson and
Wallace, 1982). These fish are classified as cool/cold-and warm-water
species (ODEQ, 1995; Simpson and Wallace, 1982; Sigler and Sigler,
1987). Non-salmonid cool/cold-water fish native to Idaho include
several species of sculpin, dace, chub, and suckers. The only known
warm-water species of fish native to Idaho are the Utah sucker and the
Utah chub.
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Table 1.--Nonsalmonid Fishes of Idaho (Simpson and Wallace, 1982)
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Family Common names Introduced or native Warm or cool/cold
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CLUPEIDAE..................... American Shad, Herring.. Introduced................... Warm.
CENTRARCHIDAE................. Bass, Largemouth Bass, Introduced................... Warm.
Pumpkinseed, White
Crappie, Green Sunfish,
Warmouth, Bluegill.
Black Crappie, Introduced................... Cool/Cold.
Smallmouth Bass.
COTTIDAE...................... Bear Lake Sculpin, Native....................... Cool/Cold.
Mottled Sculpin, Paiute
Sculpin, Shorthead
Sculpin, Shoshone
Sculpin, Slimy Sculpin,
Torrent Sculpin, Wood
River Sculpin.
ICTALURIDAE................... Black Bullhead, Brown Introduced................... Warm.
Bullhead, Channel
Catfish, Tadpole
Madtom, Flathead
Catfish.
CATOSTOMIDAE.................. Bluehead Sucker, Native....................... Cool/Cold.
Bridgelip Sucker,
Largescale Sucker,
Longnose Sucker,
Mountain Sucker.
Utah Sucker............. Native....................... Warm.
GADIDAE....................... Burbot.................. Native....................... Cool/Cold.
CYPRINIDAE.................... Common Carp, Fathead Introduced................... Warm.
Minnow, Goldfish,
Tench, Tui Chub.
Chiselmouth, Leatherside Native....................... Cool/Cold.
Chub, Leopard Dace,
Longnose Dace, Northern
Squawfish, Peamouth,
Redside Shiner,
Speckled Dace, Lake
Chub.
Utah Chub............... Native....................... Warm.
POECILIIDAE................... Guppy, Western Introduced................... Warm.
Mosquitofish.
PETROMYZONTIDAE............... Pacific Lamprey......... Native....................... Cool/Cold.
ESOCIDAE...................... Northern Pike........... Introduced................... Cool/Cold.
OSMERUS....................... Rainbow Smelt........... Introduced................... Cool/Cold.
PERCOPSIDAE................... Sand Roller............. Native....................... Cool/Cold.
ACIPENSERIDAE................. White Sturgeon.......... Native....................... Cool/Cold.
PERCIDAE...................... Walleye, Yellow Perch... Introduced................... Cool/Cold.
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The Utah Chub is native to the Bear River basin and the Snake River
basin above Shoshone falls. It is also found in the Wood River system
and in Henry's Fork of the Snake River with its range restricted to the
area below Mesa Falls (Simpson and Wallace, 1982). The Utah Chub
prefers lake, pond and reservoir environments and is tolerant of warmer
water temperatures (Simpson and Wallace, 1982). The Utah Chub is
considered a ``nuisance'' in trout waters, and the Idaho Department of
Fish and Game has attempted, unsuccessfully to eradicate Utah Chub from
important trout waters (Simpson and Wallace, 1982). Although no life
cycle studies have been conducted in Idaho, the successful colonization
of the Utah Chub in trout waters would seem to indicate that the Utah
Chub can reproduce and survive in cold water. The Utah Sucker is also
found in the Bear River basin and the Snake River basin above Shoshone
Falls. Although the temperature requirements for different stages of
its life cycle are unknown, its geographic distribution covers a wide
range of warm to very cold waters which suggest it is an adaptable
species (Simpson and Wallace, 1982).
The majority of native Idaho fish are classified as cold water
species and the presence of these species occurs throughout the entire
State. The only two warm water native fish species are of limited
geographic range and also occur where cold water native fish species
exist. In addition, of the 240 water segments that Idaho has
specifically designated beneficial uses for in their water quality
standards (see IDAPA 16.01.02.100.-161.), only 3 have been designated
as warm water biota. Of those three, EPA is proposing to promulgate
cold water protection for one of those streams based on the presence of
cold water species (see section D.4.ii.). EPA believes having a default
assumption protective of cold water species applicable in the State of
Idaho is reasonable based upon the State's beneficial use designations
to date and the scientific information presented above.
Idaho has set out in its water quality standards at
16.01.02.250.02.c. criteria necessary to support cold water aquatic
life. Because the predominant ecosystem in Idaho is comprised of cold
water aquatic life, EPA is proposing to rely on Idaho's existing
criteria for cold water biota for the protection of unclassified
waters, except where lower temperatures are required to protect
threatened and endangered species (see section E below). Idaho's
existing criteria for cold water biota include criteria for dissolved
oxygen (D.O.), temperature, ammonia, and turbidity. EPA solicits
comment on the selection of cold water biota as a default beneficial
use for unclassified waters. In particular, EPA seeks information about
the present distribution of various salmonid and non-salmonid cold
water species in Idaho. EPA also solicits comment on the distribution
of warm water species in Idaho. EPA seeks data on the temperature
requirements of sensitive life cycle stages for the Idaho Chub and the
Idaho Sucker. EPA also seeks comment on the historical distribution of
both native cold water and native warm water species in Idaho.
The second component of ``fishable/swimmable'' is proposed to be
addressed through the primary contact recreation use and associated
criteria. However, as discussed below in section D.4.i., Idaho's
criteria for secondary contact recreation are adequate to protect
swimming. EPA seeks comment on the option of relying on secondary
contact recreation for protection of recreation in unclassified waters.
Specifically, EPA is seeking comment on whether a primary contact
recreation use designation is necessary when the criteria associated
with secondary contact recreation are protective of swimming.
When Idaho designates a beneficial use for a specific water body
that is currently unclassified, that water body will no longer be
within the scope of EPA's unclassified waters beneficial designated
use. EPA will review the State's beneficial use designation for
specific water bodies and approve or disapprove as part of EPA's review
process under section 303(c) of the CWA.
D. Stream Segments With Specific Beneficial Use Designations
1. Background
As discussed in Section ``C. Unclassified Waters'' above, the
federal water quality standards regulations require that water quality
standards
[[Page 23008]]
provide for fishable/swimmable uses unless it has been demonstrated
that attaining the designated beneficial uses is not feasible for any
of the reasons described in 40 CFR 131.10(g). Whenever the State
designates or has designated uses that do not include these fishable/
swimmable uses or when the State wishes to remove a designated use, a
use attainability analysis (UAA) must be completed and submitted to EPA
for review.
2. EPA Review of Idaho's Use Designations
Idaho's 1994 water quality standards which were submitted to EPA
for review contained 53 water body segments which had designated
beneficial uses which were less than fishable/swimmable. More
specifically, the designated beneficial uses for 9 segments were
missing cold water biota, for 18 were missing primary contact
recreation and for 26 were missing both cold water biota and primary
contact recreation. Idaho had not submitted UAA's justifying the
lowered uses for these segments.
In a letter to Idaho from EPA in October 1995, EPA pointed out this
deficiency. Idaho took no action. On June 25, 1996, EPA disapproved the
uses for these 53 water body segments because the State had failed to
justify lower use classifications in accordance with 40 CFR
Sec. 131.10(j). EPA Stated that, to meet the requirements of the CWA,
Idaho must either submit use attainability analyses providing the
justification for less than fishable/swimmable uses for the subject
waters or revise the standards to include fishable and swimmable uses.
3. Recent Idaho Actions
To date, Idaho has taken action to revise the designated beneficial
uses for 2 of the 53 water body segments. Idaho adopted a temporary
rule on February 11, 1997 for the upgrade of uses for West Fork
Blackbird Creek, SB 4211 in the Salmon Basin, and Lindsay Creek, CB 210
in the Clearwater Basin. The temporary rule designated cold water biota
and salmonid spawning use for West Fork Blackbird Creek and secondary
contact recreation for Lindsay Creek and became effective on March 1,
1997. Idaho submitted this temporary rule to EPA on March 24, 1997.
With these changes, it appears that the beneficial use designations
for these segments meet the requirements of 40 CFR 131.10. However, the
process followed by Idaho in adopting this temporary rule has not yet
provided an opportunity for public hearing or comment on the rule as
required by 40 CFR 131.20. Because these segments are covered by Judge
Dwyer's order, and because EPA has not completed its approval/
disapproval action on Idaho's temporary rules for these segments, they
are included in today's proposal. If EPA approves these or other State
adopted standards before promulgating a final Federal rule, there will
be no need to include them in the final promulgation.
4. Federal Beneficial Use Designations for Specific Water Body Segments
In its modified order, the District Court ordered EPA to propose
water quality standards by April 21, 1997 for the 53 water body
segments whose designations EPA had disapproved in June 1996. The
brevity of this schedule did not allow EPA time to complete its review
of available data on each of these segments, nor did it allow EPA time
to solicit data prior to this proposed rulemaking. Accordingly, in
proposing designated beneficial uses for the water body segments of
concern, EPA is relying on the rebuttable presumption implicit in its
regulations, that fishable/swimmable uses are attainable. If further
data indicates that this presumption is not appropriate for particular
water bodies, EPA's final rule will be revised accordingly. In
particular, if EPA determines, based on the record, that any of Idaho's
designations are justified, there will not be a need for federally
promulgated use designations for the water bodies in question. EPA
believes that this approach is reasonable because it is consistent with
the goals in section 101(a)(2) of the CWA and the implementing
requirements in the water quality standards regulations at 40 CFR Part
131.
Idaho's use classification system includes a number of beneficial
uses for its waters, including ``domestic water supply'',
``agricultural water supply'', ``cold water biota'', ``warm water
biota'', ``salmonid spawning'', ``primary contact recreation'' and
``secondary contact recreation''. EPA's approach in proposing
beneficial uses for the 53 water body segments is to select uses from
Idaho's system which correspond to ``fishable/swimmable'' uses. This
approach meets the requirements of the CWA while facilitating ultimate
withdrawal of federal standards.
i. Primary Contact Recreation
Forty-four of the water bodies whose beneficial use designations
were disapproved by EPA were missing primary contact recreation. In
most instances, the water bodies were assigned secondary contact
recreation; a few segments had neither primary or secondary. In light
of recent discussions with the State, it now appears that the criteria
assigned by Idaho to protect secondary contact recreation are
consistent with EPA guidance on bacteriological criteria for primary
contact recreation.
In the current Idaho water quality standards, except for fecal
coliform bacteria, all of the criteria applicable to primary contact
recreation are also applicable to secondary contact recreation (i.e.,
all toxic substance criteria for the protection of human health apply
to both primary and secondary contact recreation, see IDAPA
16.01.02.250.01.c.). It is only the bacteriological criteria which
differ between primary and secondary contact recreation.
Idaho's current bacteriological criteria for the protection of
secondary contact recreation are concentrations of fecal coliform
bacteria not to exceed a geometric mean of 200/100 milliliters (ml)
based on a minimum of five samples taken over a thirty day period, 800/
100 ml at any time; and 400/100 ml in more than ten percent of the
total samples taken over a thirty day period. (See IDAPA
16.01.02.250.01.b.)
Idaho's current bacteriological criteria applicable for the
protection of primary contact recreation apply between May 1 and
September 30 of each calendar year and are concentrations of fecal
coliform bacteria not to exceed a geometric mean of 50/100 ml based on
a minimum of five samples taken over a thirty day period, 500/100 ml at
any time; and 200/100 ml in more than ten percent of the total samples
taken over a thirty day period. (See IDAPA 16.01.02.250.01.a.). EPA's
section 304(a)(1) bacteriological criteria document published in 1976
recommended a log mean fecal coliform limits of 200 FC/100 ml.
EPA believes it is required by the terms of the District Court's
order to propose primary contact recreation as a designated beneficial
use for those water bodies which already have secondary contact as a
designated beneficial use. However, EPA is soliciting comment on
whether Idaho's secondary contact recreation, with its associated
criteria, is sufficient. Specifically, EPA seeks comment on (1) whether
Idaho's criteria for secondary contact recreation are in fact
sufficient to protect primary contact recreation; and (2) if that is
so, whether there is any reason to promulgate federal primary contact
recreation use designations for the streams already subject to the
secondary contact recreation criteria.
ii. Cold Water Biota
Thirty five of the 53 segments addressed in EPA's June 1996 letter
[[Page 23009]]
were disapproved because they were missing a cold water biota
beneficial use designation. As discussed above, under section C
(Unclassified Waters), cold water biota is the appropriate default
aquatic life classification for Idaho. To the extent possible prior to
proposal, EPA also examined data for these 35 segments relevant to the
existence of, or potential to support, cold water biota.
EPA solicited and collected water chemistry data for the South Fork
Coeur d'Alene River Basin from Idaho Fish and Game, the Coeur d'Alene
Tribe and from within EPA's Superfund Program. In addition, biological
monitoring data on marcroinvertebrates and fish population data was
collected from the Idaho Department of Fish and Game and the Coeur
d'Alene Tribe for this basin.
EPA also reviewed physical, chemical and biological data on West
Fork Blackbird Creek which Idaho DEQ submitted to EPA. Additionally
Idaho DEQ submitted to EPA preliminary results of assessment data which
either they had collected or had been collected from other sources,
such as Idaho Department of Fish and Game, on the 35 water body
segments which were lacking a cold water biota beneficial use
designation.
Based on the above data, as well as EPA's approach discussed in
Section C above, EPA determined that it is appropriate to propose a
cold water biota designated beneficial use for the 35 water body
segments.
iii. Salmonid Spawning
As a result of EPA's responsibilities and duties under Section 7 of
the Endangered Species Act, EPA initiated informal consultation with
FWS and NMFS on our proposed action. In conferring with NMFS on
designating beneficial uses for these 53 segments, EPA obtained data
from Idaho Department of Fish and Game which indicated that 7 of the 53
segments provide spawning habitat for chinook and steelhead salmon. Of
these 7, there were 4 which Idaho had not already designated for
salmonid spawning use. As a result of this information, EPA is
proposing an additional designated use of salmonid spawning for the
following four segments: Grasshopper Creek, Little Bear Creek,
Blackbird Creek, Panther Creek.
Based on the information provided, EPA determined that salmonid
spawning, which requires more stringent temperature and dissolved
oxygen criteria than those assigned to cold water biota, was the
appropriate beneficial use to ensure ``fishable'' water quality for
these four water body segments.
5. Request for Comment and Data
EPA believes the above beneficial uses are appropriate considering
the requirements of the CWA and given the time frame which the court
had ordered. Nonetheless, it is possible that information exists which
may further support or refute their attainability or support or refute
the appropriateness of the State's uses. Accordingly, EPA will evaluate
any data which is submitted with regard to the aquatic life uses (i.e.,
cold water biota and salmonid spawning) of the 35 water body segments
as well as the proposed primary contact recreational use. Based on such
information EPA can make a final decision whether the designated uses
in today's proposal are appropriate and required by the Clean Water
Act. To assist the Agency in ensuring that its decisions are based upon
the best available information, the Agency is soliciting information.
To assist commenters the following paragraphs provide guidance on what
information is relevant.
Specifically EPA is seeking information that would assist in
determining whether the beneficial uses identified above are currently
being attained, can be attained, or have been attained since or before
1975; whether natural conditions or features or human caused conditions
prevent the attainment of these uses and cannot be remedied or would
cause more environmental damage to correct than to leave in place; or
whether the controls more stringent than those required by Section
301(b) and 306 of the Clean Water Act would be needed to attain the
uses and would cause substantial and widespread economic and social
impact. Below is a general discussion of the types of data/information
requested by the Agency:
Ambient Monitoring Information: (1) Any in-stream data for any of
the above stream segments reflecting either natural conditions (e.g.,
in-stream flow data or other data relating to stream hydrology) or
irretrievable human-caused conditions which prevent the uses or water
quality criteria from being attained; (2) any available in-stream
biological data; (3) any chemical and biological monitoring data that
verify improvements to water quality as a result of treatment plant/
facility upgrades and/or expansions; and (4) any in-stream data
reflecting nonpoint sources of pollution or best management practices
that have been implemented for nonpoint source control.
Current and Historical Effluent Data: (1) Any data and information
relating to mass loadings from point source discharges of pollutants
such as BOD, NH3-N, chlorine, metals (e.g., As, Cd, Cr, Cu, Pb,
Hg, Ni, Ag, Zn), toxics (e.g., volatile organic chemicals such as
benzene or toluene, acid extractables such as pentachlorophenol, base
neutrals such as anthracene, fluorene or pyrene, and pesticides such as
aldrin, lindane, DDT, dieldrin, endrin and toxaphene); (2) data and
information related to facility or treatment plant effluent quality;
and (3) any information related to releases of pollutants from other
sources such as landfills, transportation facilities, construction
sites, agriculture/silviculture, incinerators, and contaminated
sediments.
Models: (1) Any data or information on analytical models which can
be used to evaluate or predict stream quality, flow, morphology; (2)
any physical, biological or chemical characteristics relating to
beneficial uses; and (3) the results of any such models which can be
used to evaluate beneficial uses.
Economic Data: Any information relating to costs and benefits
associated with facility or treatment plant expansions or upgrades.
This information includes: (1) Qualitative descriptions or quantitative
estimates of any costs and benefits associated with facility or
treatment plant expansions or upgrades, or associated with facilities
or treatment plants meeting limits; (2) any information on costs to
households in the community with facility or treatment plant expansions
or upgrades, whether through an increase in user fees, an increase in
taxes, or a combination of both; (3) descriptions of the geographical
area affected; (4) any changes in median household income, employment,
and overall net debt as a percent of full market value of taxable
property; and (5) any effects of changes in tax revenues if the
private-sector entity were to go out of business, changes in income to
the community if workers lose their jobs, and effects on other
businesses both direct and indirect.
E. Temperature Criteria for Threatened and Endangered Species
1. Background
Water quality standards consist, in part, of designated uses and
criteria to protect those uses. States designate uses for aquatic life
to provide protection for a variety of aquatic species which may be
present in their waters. Thermal requirements for these species vary
among species and among different life stages. Providing protection for
these varied species and their temperature requirements can be
accomplished a
[[Page 23010]]
number of ways. Most commonly, temperature criteria are set to protect
the more sensitive species residing at a site, or subcategories of uses
are established with criteria tailored to address and protect
particular species and/or life stages.
Idaho has three aquatic life designated beneficial uses, cold water
biota, warm water biota and salmonid spawning, with each category
having differing applicable temperature criteria. When designating uses
and applying this categorical aquatic life based approach, Idaho is
required to ensure that the criteria are sufficiently protective to
safeguard the full range of waters in the State to which the uses are
assigned. EPA's review of the criteria assigned by Idaho to its cold
water biota beneficial use designation indicated that the temperature
criteria did not provide adequate protection to some more sensitive
species. Accordingly, EPA disapproved aspects of Idaho's cold water
biota temperature criteria in the June 1996 letter. Idaho has not
revised these criteria to meet EPA's objection.
EPA's approach today is to propose more protective temperature
criteria to apply to Idaho's current cold water biota beneficial use
designation for those segments and river reaches with more sensitive
species. The Agency believes this approach minimizes the impact on
Idaho's current water quality standards while providing the protection
required by the CWA. EPA proposes to modify only the temperature
criteria applicable to the cold water biota beneficial use designation
for specific water bodies [for a list of these waters see Sec. 131.33
(c)-(e) of today's proposed rule]. The remaining criteria applicable to
coldwater biota (i.e., turbidity, ammonia, and dissolved oxygen) remain
unchanged. Specifically, today's proposal includes more stringent
temperature criteria for specified waters in Idaho in order to protect
the Kootenai River white sturgeon, five species of aquatic snails
(hereinafter ``snails''), and bull trout. The literature indicates that
Idaho's temperature criteria are inadequate to protect these aquatic
species. EPA is consulting with the FWS concerning the adequacy of the
criteria being proposed today. The following is a discussion of why EPA
determined more stringent criteria were needed and how EPA selected the
criteria being proposed today.
FWS has determined that Kootenai River white sturgeon and five
species of aquatic snails are threatened by extinction in Idaho. In
addition, the bull trout is a candidate for listing as threatened or
endangered. (Although FWS was petitioned to list the bull trout, it has
not yet listed it.) Where a species is likely to be listed EPA assesses
the effects to candidate aquatic species in a similar manner as listed
species. Therefore EPA specifically assessed the impacts of Idaho's
water quality standards to bull trout.
In order to determine whether EPA's approval of Idaho's water
quality standards would adversely effect species listed or candidates
for listing under ESA, EPA reviewed applicable scientific literature.
Based on a review of the literature available to EPA, the Agency
determined that Idaho's temperature criteria were inadequate in
providing protection to Kootenai River white sturgeon, 5 species of
aquatic snails and bull trout. As discussed more fully below, the
scientific literature indicates that temperatures in exceedance of
applicable requirements, along with other habitat parameters, are
threats to each of these aquatic species. EPA determined that
temperatures lower than those currently specified under the State's
designated uses are more appropriate for these species. Based on this
determination, on June 25, 1996 EPA disapproved Idaho's temperature
criteria in certain water body segments which provide habitat for these
species.
2. Kootenai River White Sturgeon
i. EPA's Review
According to the literature and review of the data from the
Kootenai River monitoring programs conducted from 1990 through 1995,
Kootenai River white sturgeon (Acipenser transmontanus) spawned within
a 16 river kilometer (10 river mile) stretch of the Kootenai River,
primarily from Bonners Ferry downstream to the lower end of Shorty's
Island (White Sturgeon: Kootenai River Population Draft Recovery Plan,
U.S. FWS). Kootenai River sturgeon spawn from May through July (58 FR
36379-86; July 7, 1993). Spawning is dependent on, and therefore occurs
when, the physical environment permits egg development and cues
ovulation. Following fertilization, white sturgeon eggs attach to river
substrate and undergo a relatively short incubation period of 8 to 15
days until they hatch (Brannon et. al., 1985). Landlocked populations
of white sturgeon normally spawn during the period of peak flows from
April through July (Duke et. al. 1990).
According to the literature, significant modification to the
natural hydrograph in the Kootenai River caused by flow regulation at
Libby Dam is considered the primary reason for the Kootenai River
sturgeon's declining numbers (Apperson and Anders 1991). Since 1972,
when Libby Dam began operating, spring flows in the Kootenai River have
been reduced an average 50 percent, and winter flows have increased by
300 percent over normal. As a consequence, natural high spring flows
required by white sturgeon for reproduction rarely occur during the May
to July spawning season when suitable temperature, water velocity and
photoperiod conditions exist.
Based on recent monitoring studies of Kootenai River flow,
temperature, and fertilized egg distribution, water temperatures
corresponding to estimated spawning dates of Kootenai River sturgeon
range from approximately 8.5 to 14 deg.C and have been estimated to
occur in the May-July time period. During 1970, 1974 and 1980, where
successful, natural recruitment of Kootenai sturgeon is believed to
have occurred, temperatures associated with peak flow events during the
presumed spawning period ranged from 11 to 13 deg.C (U.S. Fish and
Wildlife Service, Columbia River Basin Field Office, ``Rationale for
Reestablishment of Natural Recruitment of Kootenai River White
Sturgeon''). Elsewhere, spawning of white sturgeon has been documented
at higher temperatures than Kootenai sturgeon, with reported spawning
in the lower Columbia River occurring at temperatures ranging from 10-
18 deg.C during 1987 to 1991 (Parsley et al., 1993). Parsley et al.
further report that most of the spawning in the lower Columbia River
occurred between 10 and 12 deg.C. Because the Columbia River white
sturgeon may be acclimated to warmer temperatures than those
experienced by sturgeon in the Kootenai River, the applicability of
Columbia River data to Kootenai sturgeon is unclear. It should be
further noted that white sturgeon spawning is cued by other factors, of
which flow is among the most important, and therefore, the lack of
spawning at some temperatures may be due to suboptimal flow conditions
or other important factors. Thus, while the available information
suggests that 8-14 deg.C is a reasonable temperature range to be
considered for maintenance of Kootenai River sturgeon, the current
optimal temperature range for Kootenai River white sturgeon is not
entirely certain.
Partly because of the uncertainty in defining optimal spawning
conditions for Kootenai sturgeon, the FWS and the U.S. Army Corps of
Engineers (COE) are experimenting with agreed upon operational
guidelines for flow releases at Libby Dam during 1997 and 1998 in part,
to obtain more data to determine optimal spawning conditions for
[[Page 23011]]
sturgeon. Future studies and monitoring may more accurately determine
Kootenai River white sturgeon spawning requirements.
Data on temperature requirements of other life stages of white
sturgeon is much more limited. An optimum temperature for egg
development of 14 deg.C is reported by Wang et al. (1985 as cited
by Parsley et al., 1993), with elevated mortality occurring at 18
deg.C and complete mortality at 20 deg.C. Temperature tolerance data
for other life stages was not found, although older sturgeon are
reported to inhabit deeper locations in Kootenai River locations with
temperatures ranging from 14 to 20 deg.C (PSMFC, 1992).
In addition to evaluation of the literature, EPA conferred with FWS
and COE staff in determining appropriate temperature values protective
of sturgeon spawning. EPA reviewed data from monitoring efforts by the
COE on the Kootenai River from 1993 through 1997.
ii. Idaho's Temperature Criteria
Idaho's current designated beneficial use for the Kootenai River
from Bonners Ferry to Shorty's Island is cold water biota, which has
applicable temperature criteria of 22 deg.C or less with a maximum
daily average of 19 deg.C Hence, EPA concluded that Idaho's cold water
biota temperature criteria do not provide an adequate level of
protection for Kootenai River white sturgeon spawning.
iii. EPA's Proposed Temperature Criteria
Temperature criteria being proposed for the Kootenai River from
Bonners Ferry to Shorty's Island were derived using EPA's temperature
criteria guidance (``Temperature Criteria for Freshwater Fish: Protocol
and Procedures''; U.S. EPA, 1977). The EPA protocol recommends
expression of temperature criteria in two forms: (1) A short-term
maxima (protection against lethal conditions, usually for a duration of
24 hours), and (2) a mean temperature value (expressed as the maximum
weekly average temperature) that is designed to protect critical life
stage functions such as spawning, embryogenesis, growth, maturation and
development. For sturgeon, sufficient data were available to derive
weekly mean temperature criteria to protect spawning and egg
incubation.
In addition to data sources discussed previously, EPA relied on
communications with relevant Corps and FWS staff.
Based on the information reviewed, EPA is proposing seasonal
minimum and maximum weekly average temperature criteria to protect for
white sturgeon spawning [see Sec. 131.33(d) of today's proposed rule].
Rather than setting temperature criteria based on fixed calendar dates,
the temperature criteria for Kootenai River sturgeon are designed to
protect critical spawning and egg incubation life stages, but allow for
some temporal flexibility as to when such temperatures for spawning and
egg incubation activities can occur. This flexibility is desirable
given known, natural temperature variations that occur at the Kootenai
River site from year to year. Therefore, such criteria are based on
first establishing a minimum weekly average temperature of 8 deg.C
(believed to be the lower limit for spawning), followed by an 8-week
time period where the maximum weekly average temperature does not
exceed the upper spawning temperature limit of 14 deg.C currently
estimated for Kootenai River sturgeon. Selection of an 8-week
``spawning window'' approximates the length of the spawning period
currently estimated for Kootenai River sturgeon. The maximum weekly
average temperature criterion of 16 deg.C set for weeks 9 and 10
(after achievement of the 8 deg.C minimum temperature) is intended to
protect egg incubation of late spawners based on 1-2 week egg
incubation time reported for Kootenai River sturgeon. The 16 deg.C
maximum weekly average temperature criterion is an EPA inferred
estimate of the threshold for egg incubation based on data reported by
Wang et al. (1985; as cited in Parsley et al., 1993) and reflects
natural gradual warming of water temperatures that will likely occur at
this site during mid to late July.
EPA believes that these temperature criteria in combination with
the time frame regime will provide appropriate protection for white
sturgeon spawning in the Kootenai River while maintaining necessary
flexibility due to natural variability in seasonal temperature regimes.
While recognizing that other factors besides temperature are also
limiting to a viable population of sturgeon in the Kootenai River
system, EPA determined that revising the temperature criteria in this
known spawning segment was an appropriate and needed measure towards
the protection and conservation of this species.
EPA is soliciting comments and data on the proposed temperature
criteria. Comments are particularly sought concerning: (a) Additional
information on range, distribution, and population of the species; (b)
the relationship between water velocities, temperature and spawning;
(c) appropriate time frames for sturgeon spawning; (d) implementation
issues associated with the weekly moving average and onset of the
maximum weekly average; and (e) appropriateness of both the minimum and
maximum weekly average values.
3. Freshwater Aquatic Snails
i. EPA's Review
EPA reviewed the available scientific literature in order to
determine the water quality requirements for the following five species
of freshwater aquatic snails which are listed as threatened or
endangered under the ESA: the Bliss Rapids snail, the Snake River
physa, Banbury Springs lanx, Utah valvata snail and Idaho springsnail.
According to the 1995 Snake River Aquatic Species Recovery Plan
developed by the FWS, these 5 snails occupy habitat in the middle Snake
River from C.J. Strike Reservoir to American Falls Dam. The recovery
area for 4 of the species (Idaho springsnail, Utah valvata snail, Snake
River physa and Bliss Rapids snail) has been delineated in the mainstem
Snake River between river kilometers (rkm) 834-1142 (rivermiles (rm)
518-709). The recovery area for the one remaining species (Banbury
Springs lanx) includes cold-water spring complexes to the Snake River
between rkm 941.5-948.8 (rm 584.8-589.3).
Little is known about the ecology of the listed snail species. A
priority recovery measure in the Recovery Plan is to obtain more data
to describe habitat and life history requirements. EPA reviewed
available literature on the distribution and habitat conditions where
the listed snails are found in the Snake River. From a survey conducted
by Idaho Power in the Middle Snake River from April through December
1995 (Crazier and Myers, 1996) there is data showing that the Bliss
Rapids snail occurred in water temperatures of 7.6 degrees C to 19.8
degrees C, the Banbury Springs lanx occurred in temperatures of 11.8
degrees C to 14.5 degrees C, and the Idaho springsnail was found in
water temperatures of 7.6 degrees C to 19.8 degrees C. The Utah valvata
and Snake River physa were not found in the portion of the river that
was surveyed. The Snake River Recovery Plan (1995) notes that the
Banbury Springs lanx had only been found at that time in waters of 15
degrees C. to 16 degrees C. The Recovery Plan recommends annual average
temperatures below 18 degrees C, however an annual average is not
likely to provide an adequate basis for
[[Page 23012]]
implementation of a temperature criterion.
ii. Idaho's Temperature Criteria
The current Idaho water quality standards designate part of the
recovery area within the Snake River, specifically, water body segment
SWB-10, Snake River from King Hill to Marsing, primary contact
recreation, which has no applicable temperature criteria, and designate
other parts of the recovery area cold water biota, which has
temperature criteria of 22 deg.C or less with a maximum daily average
of 19 deg.C.
Based on the information which was reviewed and conferring with
FWS, EPA determined that the cold water biota temperature criteria do
not provide an adequate level of protection for these five species of
snails. Therefore, on June 25, 1996, EPA disapproved Idaho's
temperature criteria applicable within the specified geographic ranges
or recovery areas for each of the 5 snail species.
iii. EPA's Proposed Temperature Criterion
In order to provide adequate and protective temperatures for the
listed snail species EPA is proposing a maximum daily average
temperature of 18 degrees C in the Middle Snake River from river mile
518 to river mile 709. Additionally, for water body segment SWB 10,
which does not currently have cold water biota designated use, EPA is
also proposing that use as well as a maximum daily average of 18
degrees C temperature criterion. This proposal is based on the limited
temperature information available related to the species occurrence,
the Recovery Plan recommendation, and correspondence between the FWS
and Idaho on April 11, 1997. The FWS letter responded to a State
request for clarification of the Recovery Plan recommendation, and it
again stressed the need for a temperature at or below 18 degrees C as a
level necessary to move toward recovery of the listed aquatic snails.
The letter additionally noted that spring habitats where listed snails
occur adjacent to the Snake River will likely require even lower
temperatures for optimal habitat conditions.
EPA is soliciting comments on the proposed temperature criterion.
Because of the limited information available at the time of this
proposal, EPA is soliciting additional data. Data and information are
sought pertinent to: (1)aquatic snail occurrence in the Middle Snake
River, and (2) refining the habitat and temperature requirements of the
individual species. EPA is also soliciting comments on other options
for applying temperature criteria to the Middle Snake River for
protection of listed aquatic snails.
4. Bull Trout
i. EPA's Review
According to the literature, bull trout (Salvelinus confluentus) is
a species which is considered an indicator of the environmental health
of watersheds and is known to reproduce only in clean, cold relatively
pristine streams.
EPA evaluated the literature and conferred with biologists from the
Idaho Department of Fish and Game, and the Interior Columbia Ecosystem
Management Project. According to the literature, bull trout is a
species requiring a narrow and relatively cold range of temperature
conditions to reproduce and survive. They appear to be one of the most
temperature intolerant species of salmonids. They spawn in late summer
through fall (late August-November) and have a long egg incubation
period (typically lasting from early fall to April). High temperatures
are therefore a concern for migration and spawning in the late summer
and early fall.
Incubation of bull trout eggs requires cold temperatures ranging
from 1 to 6 deg.C and occurs at optimum temperatures of approximately
4 deg.C (ORDEQ, 1994; Weaver and White, 1985; McPhail and Murray,
1979). Specifically, Weaver and White (1985) report 4 to 6 deg.C as
being needed for egg incubation of bull trout embryos in Montana
streams. Further, McPhail and Murray (1979) report 0% to 20% survival
of incubating bull trout embryos at temperatures ranging from 8 to 10
deg.C; 60% to 90% survival at 6 deg.C; and 85-95% survival at 2-4
deg.C, further suggesting 6 deg.C as close to a reasonable threshold
for egg incubation.
Based on EPA's review of the literature, in addition to a review
conducted by the Oregon Department of Environmental Quality (ORDEQ,
1994), a temperature range of 4-10 deg.C is believed to be necessary
to maintain successful bull trout spawning. A temperature range of
approximately 6 to 8 deg.C is believed approximate the optimum
spawning temperatures of bull trout (Idaho Department of Fish and
Game). Optimum temperatures for fry growth have been reported to be 4
deg.C (McPhail and Murray, 1979). For later life stages of bull trout,
temperatures less than 12 deg.C appear to be most suitable for
juvenile rearing and adult migration. Specifically, Shepard et al.
(1984) report the highest densities of bull trout in Montana streams at
temperatures of 12 deg.C and below, some presence of bull trout at 15
to 18 deg.C and complete absence of bull trout in streams with
temperatures exceeding 19 deg.C. Based on field observations of the
presence of juvenile bull trout in Idaho streams, 12 deg.C also
appears to be a maximum temperature where juveniles are found (Idaho
Dept. Fish and Game). Temperatures between 10 and 12 deg.C are also
reported to be the optimum range for adult migration, which occurs
between bull trout feeding and spawning areas (ORDEQ, 1994).
ii. Idaho's Temperature Criteria
The current temperature criteria applicable to the cold water biota
use classification (22 deg.C or less with a maximum daily average of
19 deg.C) does not provide an adequate level of protection for bull
trout. Therefore, on June 25, 1996, EPA disapproved Idaho's temperature
criteria applicable within geographic ranges where bull trout occur.
iii. EPA's Proposed Temperature Criteria and Bull Trout Distribution
Temperature criteria being proposed for Idaho streams designated as
bull trout habitat were derived using EPA's temperature criteria
guidance (``Temperature Criteria for Freshwater Fish: Protocol and
Procedures; U.S. EPA, 1977). The EPA protocol recommends expression of
temperature criteria in two forms: (1) a short-term maxima (protection
against lethal conditions, usually for a duration of 24 hours), and (2)
a mean temperature value (expressed as the maximum weekly average
temperature) that is designed to protect critical life stage functions
such as spawning, embryogenesis, growth, maturation and development.
Sufficient data were available to derive temperature criteria as
maximum weekly average temperatures (MWAT) that would be protective of
various bull trout life stages, including spawning, egg incubation,
juvenile rearing and adult migration. Because of the complex life
history of bull trout, EPA is proposing temperature criteria that would
span a calendar year, but that would vary depending on the presence and
thermal tolerances of various bull trout life stages [see
Sec. 131.33(c)(1) in today's proposed rule].
During January and February, the maximum weekly average temperature
(MWAT) criterion is proposed at 4 deg.C to protect optimum
temperatures required for egg incubation. During March, a MWAT of 6
deg.C is being proposed based on data discussed earlier that indicate 6
deg.C approximates a maximum temperature threshold for successful egg
incubation. A MWAT of 8 deg.C during the
[[Page 23013]]
month of April is being proposed to account for an expected gradual
increase in stream temperatures during this time period and is
considered to be within the optimum range for juvenile growth. During
May, a MWAT of 10 deg.C is proposed because it reflects an expected
gradual increase in stream temperatures that is likely to occur at this
time and is considered an optimum temperature for adult migration and
juvenile growth. A MWAT criterion of 12 deg.C is being proposed for
the months of June, July and through August 15 to protect against
exceedence of temperature limits reported for juvenile rearing. A MWAT
criterion of 10 deg.C is proposed from August 16 through the month of
September because this temperature reflects the upper range for
spawning reported in the literature for bull trout and bull trout
spawning occurs during this time period. During the month of October, a
MWAT value of 8 deg.C is proposed to maintain optimal temperature
conditions for bull trout spawning and reflects an expected gradual
decrease in stream temperatures. Finally, a MWAT value of 6 deg.C is
proposed for the months of November and December to reflect the limit
for egg incubation and spawning optimum.
At the time of the disapproval, EPA had not identified the exact
geographic areas inhabited by bull trout. EPA believed that Idaho had
the resources to ascertain this information as the Office of the
Governor of Idaho was in the process of developing a bull trout
conservation plan. On July 1, 1996 a final version of the Governor's
Bull Trout Plan was released. This plan identifies 59 key watersheds
which should be targeted for the protection and restoration of bull
trout populations. Although this plan identifies watersheds of concern,
it did not provide the level of resolution which EPA deems necessary in
describing distribution of bull trout.
Today's proposed rulemaking includes a list of water bodies where
revised temperature criteria are needed in order to protect bull trout.
In deriving this list, EPA relied upon bull trout distribution data
from the Interior Columbia Basin Ecosystem Management Project (ICBEMP)
as well as bull trout distribution data from the Idaho Department of
Fish and Game.
Section 131.33(c)(2) of today's proposed rule contains a list of
Idaho water bodies that are known, suspected, and/or predicted to serve
as spawning and rearing areas of bull trout. The ICBEMP's ``Key
Salmonid'' database [footnote 1 to Sec. 131.33(c)(2)], and the Idaho
Department of Fish and Game Digital Bull Trout Distribution Database
[footnote 2 to Sec. 131.33(c)(2)] were both used in deriving this list.
The ICBEMP data are tied to sub-watersheds, also known as ``6th-
code HUCs''. ICBEMP scientists determined criteria to identify sub-
watersheds that represent spawning and rearing areas. Sub-watersheds
identified as migration corridors only are excluded. The resultant sub-
watersheds were overlaid with the digital Pacific Northwest River Reach
File in the EPA Geographic Information System to produce a file of
streams within these sub-watersheds with possible spawning and rearing
activity. Only streams with attributed names in the dataset were used
in this process. Some streams with no actual bull trout spawning and
rearing activity are probably included, as only one stream with bull
trout presence was sufficient to cause the entire sub watershed (thus
all named streams within) to indicate spawn and rearing presence from
this database. EPA used the 1994-1995 version of this database.
The Idaho Department of Fish and Game attributed bull trout
distribution data to Pacific Northwest River Reach File segments. Water
bodies coded as having ``known or suspected'' bull trout presence are
contained in the table with a superscript of ``2''. Hence the water
bodies from this database in the table contain areas that may be used
as only migration corridors, as there was no way to specifically
exclude them.
EPA had discussions with FWS on the temperature requirements for
bull trout protection. Additionally EPA consulted with staff from Idaho
Department of Fish & Game as well as numerous biologists familiar with
bull trout requirements and distribution.
Based on the above information, EPA is proposing maximum weekly
average seasonal temperature criteria. These criteria are proposed in
Sec. 131.33(c)(1) of today's proposed rule.
EPA is soliciting comment on both the temperature criteria as well
as the distribution data. Comments are particularly sought concerning
(a) affirmation of the presence of bull trout spawning in the current
list of water bodies in section (c)(2) of today's proposed rule; (b)
the adequacy of the proposed methodology for defining bull trout
distribution; (c) whether or not there is a better way to describe the
distribution; (d) site specific temperature data for any of the listed
water bodies; (e) site specific or laboratory temperature data on bull
trout; (f) proposals to address protection of migratory corridors; (g)
identification of water bodies in Sec. 131.33(c)(2) of today's proposed
rule which are not spawning and rearing areas; (h) identification of
additional known water bodies which provide spawning and rearing
habitat; (i) original information which would refine the list down to
stream level as opposed to watershed level along with geographic
identifiers for these streams i.e., USGS hydrologic unit codes; and (j)
other methods for refining the geographic distribution list.
F. Antidegradation Policy
The third component of a State's water quality standards, in
addition to designated uses and criteria to support those uses, is an
antidegradation policy consistent with 40 CFR 131.12. Section 131.12(a)
specifies three levels of protection to be accorded waters. The first
level (commonly referred to as Tier I) requires that existing uses, and
the level of water quality needed to protect such uses, be protected
and maintained [Sec. 131.12(a)(1)]. The second level (Tier II) requires
that water quality in certain high quality waters not be lowered unless
the lowering is found to be necessary to accommodate important social
and economic development [Sec. 131.12(a)(2)]. The highest level of
protection (Tier III) applies to waters identified as ``Outstanding
National Resource Waters;'' water quality in such waters shall be
maintained and protected [Sec. 131.12(a)(3)].
EPA Region X's June 1996 letter disapproved the Tier III portion of
Idaho's antidegradation policy (IDAPA 16.01.02.051.03) because it did
not protect Tier III waters from degradation caused by point sources,
and thus did not provide effective protection for such waters. On
November 14, 1996, the State adopted a temporary rule which added
protection from point sources and addressed EPA's concern. This rule
was effective December 1, 1996. The State formally submitted this
revised rule to EPA for approval by a letter dated March 13, 1997,
which was received by EPA on March 24, 1997. Because of the timing of
this State submission and the work involved in preparing today's
proposal, EPA has not yet completed its approval process on the State's
revision. Accordingly, EPA believes it is still bound by the court's
order to propose a federal water quality standard addressing the
deficiency in section 16.01.02.051.03 of Idaho's 1993 antidegradation
policy.
Therefore, EPA is today proposing a Tier III antidegradation
provision applicable to waters of the United States within the State of
Idaho. EPA's proposed rule uses the wording of the revised Idaho
antidegradation policy, both because that revision addressed EPA's
concern and because using the
[[Page 23014]]
same language will facilitate the ultimate withdrawal of EPA's proposal
upon formal approval by EPA of Idaho's revision.
G. Mixing Zone Policy
1. Idaho's Existing Policy
Idaho's mixing zone policy at IDAPA 16.01.02.060. applies to point
source wastewater discharges. The policy States that, after a
biological, chemical, and physical appraisal of a receiving water and
proposed discharge, the Department of Environmental Quality (DEQ) will
determine the appropriateness of a mixing zone, its size,
configuration, and location. In making such a determination, the DEQ is
required to consider a number of parameters specified in subsections
060.01.a-h. Subsections 060.01.a-d. address the use of submerged pipes
and diffusers; unreasonable interferences to the beneficial uses; and
limitations for overlapping or multiple mixing zones. In addition,
subsections 060.01.e. and f. specify discrete physical limitations to
the size, shape, and location of mixing zones for discharges to free-
flowing systems (e.g., streams and rivers) and discharges to open
waters (e.g., lakes or reservoirs). Subsection 060.01.g. allows water
quality within a mixing zone to be exempt from both Idaho's chemical-
specific water quality criteria at 16.01.02.250. and selected narrative
criteria at 16.01.02.200.01., 16.01.02.200.02., and 16.01.02.200.03.
(Idaho's subsection 200.01. prohibits State surface waters from
containing concentrations of hazardous materials that are of
significance to public health; subsection 200.02 prohibits toxic
substances in toxic concentrations; and subsection 200.03. prohibits
deleterious materials in concentrations that impair designated
beneficial uses.)
EPA disapproved subsection 060.01.g. of Idaho's mixing zone policy
because, although the principles identified in the remainder of Idaho's
mixing zone policy are adequate to ensure that the designated uses of
the receiving water are maintained, the language of the policy makes
these principles non-binding. Subsection 060.01. States ``the
Department will consider [emphasis added] the following principles''
(060.01.a-h). Thus, although subsections 060.01.a.-f. and h. contain
explicit language regarding the physical limitations to the size,
shape, and location of mixing zones, which on their face would appear
to protect designated beneficial uses even if narrative criteria are
not applicable, the word ``consider'' indicates that compliance with
subsections 060.01.a.-f. and h. is not mandatory.
Clean Water Act Sec. 303(c)(2)(A) requires States to adopt water
quality criteria to protect designated beneficial uses. EPA's
implementing regulations at 40 CFR 131.11 further clarify that such
criteria ``must contain sufficient parameters or constituents to
protect the designated use.'' There are no exceptions identified, or
alluded to in the CWA or EPA's implementing regulations. Water quality
within a mixing zone is not exempted. By definition a mixing zone is an
area where chemical-specific acute and chronic water quality criteria
can be exceeded as long as a number of other protections are maintained
(Water Quality Standards Handbook; EPA-823-B-94-005a, August 1994).
These other protections are narrative criteria. EPA is not precluding
flexibility in how Idaho chooses to interpret the narrative criteria at
subsections 200.01.-03. EPA has simply disapproved an authorized,
categorical exemption from the narrative criteria in the absence of
other binding requirements in the mixing zone policy.
EPA's regulations at 40 CFR 131.11(a)(2) require States and tribes
to identify methods for implementing narrative criteria. Such methods
need to address all mechanisms to be used by the State to ensure that
narrative criteria are attained. Chemical-specific ambient water
quality criteria are most frequently used to ensure that narrative
criteria and beneficial designated uses are attained. However, when
chemical-specific criteria are absent or do not apply, as is the case
for water quality within a mixing zone, other implementation methods
are needed to ensure the designated uses are attained (WQS Handbook,
Chap. 3). While mixing zones allow the magnitude component of an
ambient water quality criterion to be exceeded, controlling the
exposure component ensures the beneficial designated use is maintained.
Idaho's implementation methods at 060.01.a.-h. would control exposure
by limiting the size, shape, and location of a mixing zone, if they
were mandatory.
2. Federal Mixing Zone Policy for Idaho
To address the above deficiency, EPA considered two options. Under
the first option, EPA would make the requirements of subsections
060.01.a.-f. and h. mandatory. This would protect the water quality
within a mixing zone and ensure that the designated beneficial uses for
the water body as a whole are maintained. However, EPA was concerned
that this approach would disregard site-specific situations that may
warrant some flexibility. For example, stream-specific and discharge-
specific conditions may allow a mixing zone to consume more than 25% of
the volume of stream flow (as specified in 060.01.e.ii.) and still
ensure that the designated beneficial use is attained.
For that reason, EPA also considered a second option that changes
the language at 060.01.g. so as not to exempt water quality within a
mixing zone from the narrative criteria at subsections 200.01.-03. This
approach allows Idaho to retain the discretion on when to rely on the
default implementation methods specified in subsections 060.01.a.-f.
and h., and when to rely on alternative methods to ensure the
designated beneficial use is maintained. Today's proposed rule contains
this second option.
EPA solicits comment on the appropriateness of option 1 and option
2. Does the increased flexibility provided in option 2 leave too much
discretion to the State? Are there other alternatives for protecting
the water quality within a mixing zone to ensure the designated
beneficial uses for the water body as a whole are maintained?
H. Excluded Waters Provision
Each State is required to have water quality standards for all
navigable waters in the State. CWA Sec. 303. The term ``navigable
waters'' is defined in Sec. 502(7) of the CWA to mean the ``waters of
the United States, including the territorial seas''. In accordance with
the intent expressed by the legislative history of the CWA, the term
``waters of the United States'' is in turn defined in regulations to
include, inter alia, intrastate waters whose use, degradation, or
destruction would or could affect interstate commerce. 40 CFR 122.2 and
Sec. 232.2(q). This portion of the definition is further explained at
53 FR 20765 (June 6, 1988).
Idaho's standards provide that, unless designated for particular
uses, lakes, ponds, pools, streams, and springs outside public lands
but located wholly and entirely upon a person's land are not protected
specifically and generally for any beneficial use (see IDAPA
16.01.02.101.03.).
The fact that a water may be located wholly on a person's land does
not necessarily preclude it from being a water ``the use, degradation
or destruction of which would or could affect interstate commerce.''
Hence, it is at least theoretically possible that some of these
unprotected excluded waters could be waters of the United States. To
ensure that any such waters receive the protection afforded other
unclassified waters, EPA is today proposing a rule which effectively
adds to the State's
[[Page 23015]]
excluded waters provision the qualifying phrase ``unless such waters *
* * are `waters of the United States' as defined at 40 CFR
Sec. 122.2.''
This proposal is precautionary in nature. EPA has not identified
any specific waters which would be affected by this change. However,
the language EPA is proposing ensures that, if such waters are later
identified, their beneficial uses will be protected in the same way
uses of other unclassified waters are.
I. Federal Variances
As explained above in Sections C. and D., because of the scope of
rulemaking and the schedule ordered by the District Court, EPA has
relied on a rebuttable presumption approach to designating beneficial
uses and is only able to provide a 30-day comment period. EPA's final
rule will reflect consideration of the data made available to it by the
close of the comment period. However, it is possible that subsequent
data may become available which will be material to the attainability
of the uses involved in today's proposal.
If this occurs, one option available to EPA would be to propose to
revise or withdraw the federal use designation. An alternative
approach, particularly where the information is discharger-specific
and/or it appears that the use in question will eventually be
attainable, is to grant a water quality standards variance applicable
to the discharger in question. EPA has approved the granting of water
quality standards variances by States in circumstances which would
otherwise justify changing a use designation on grounds of
unattainability. In contrast to a change in standards which removes a
use designation for a waterbody, a water quality standards variance
applies only to the discharger to whom it is granted and only to the
pollutant parameter(s) upon which the finding of unattainability was
based; the underlying standard remains in effect for all other
purposes.
For example, if a designated aquatic life use is currently
precluded because of high levels of metals from past mining activities
which cannot be remediated in the short term, but it is expected that
water quality will eventually improve, a temporary variance may be
granted to a discharger with relaxed criteria for such metals, until
remediation progresses and the use becomes attainable. The practical
effect of such a variance is to allow a permit to be written using less
stringent criteria, while encouraging ultimate attainment of the
underlying standard. A water quality standards variance provides a
mechanism for assuring compliance with sections 301(b)(1)(C) and
402(a)(1) of the CWA that require NPDES permits meet applicable water
quality standards, while granting temporary relief to point source
dischargers.
While 40 Sec. CFR 131.13 allows States to adopt variance procedures
for State-adopted water quality standards, such State procedures may
not be used to grant variances from federally adopted standards. EPA
believes that it is appropriate to provide comparable federal
procedures where, as proposed here, EPA adopts use designations which
rely, at least in part, on a rebuttable presumption that fishable/
swimmable uses are attainable or adopts more stringent criteria for the
State's use designations. Therefore, EPA is proposing to authorize the
Region X Regional Administrator to grant water quality standard
variances where a permittee submits data indicating that an EPA-
designated use is not attainable for any of the reasons in 40 CFR
Sec. 131.10(g) or that a State designated use is not attainable due to
EPA-promulgated temperature criteria. This variance procedure will
apply to standards promulgated by EPA for specific named segments. EPA
does not believe it is necessary to have a variance procedures for
unclassified waters, since Idaho may effectively provide the same
relief by classifying an unclassified water, but invites comment on
this point.
Today's proposed rule spells out the process for applying for and
granting such variances. Because water quality standard variances are
technically revised water quality standards, the proposal requires a
variance to go through the same basic steps as the originally
promulgated standard, that is, publication of the proposed variance,
the opportunity for a hearing, and publication of the final variance.
However, the Administrator is delegating to the Regional Administrator
the authority to propose and grant these variances. This delegation
should expedite the processing of variance requests, as they will
typically arise in the context of NPDES proceedings being handled by
EPA Region X.
The proposed variance procedures require an applicant for a water
quality standards variance to submit a request to the Regional
Administrator (or his delegatee) with supporting information. To avoid
delays in the permitting process attributable to the variance request,
the proposal requires the applicant to submit the variance request
prior to or concurrent with the NPDES application. EPA seeks comment on
the appropriateness of this timing requirement.
The burden is on the applicant to demonstrate to EPA's satisfaction
that the designated use is unattainable for one of the reasons
specified in 40 CFR 131.10(g). A variance may not be granted if the use
could be attained by all dischargers implementing effluent limitations
required under sections 301(b) and 306 of the CWA and the applicant
implementing reasonable best management practices for nonpoint source
control. EPA will incorporate into the permittee's NPDES permit all
conditions needed to implement the variance.
Under the proposal, a variance may not exceed 5 years or the term
of the NPDES permit, whichever is less. A variance may be renewed if
the permittee demonstrates that the use in question is still not
attainable. Renewal of the variance may be denied if the permittee did
not comply with the conditions of the original variance.
EPA is soliciting comment on the need for a variance process for
EPA-promulgated use designations, the appropriateness of the particular
procedures proposed today, and whether the proposed variance procedures
are sufficiently detailed.
J. Regulatory Impact Analysis
As explained more fully below in section L (Regulatory Flexibility
Act), EPA's proposed rule does not itself establish any requirements
directly applicable to regulated entities. While implementation of
today's proposed rule may ultimately result in some new or revised
permit conditions for some dischargers, EPA's action today does not
impose any of these as yet unknown requirements on dischargers.
Nonetheless, EPA is attempting, within the limits of these
uncertainties, to make an estimate of the possible indirect costs which
might ultimately result from this rulemaking.
The following is a summary of the proposed methodology being used
for the regulatory impact analysis (RIA) that is being prepared for
this rule. Further discussion will be included in the full RIA, which
will be included in the docket as part of the final rulemaking.
Under the CWA, costs cannot be a basis for adopting water quality
criteria that will not be protective of designated uses. If a range of
scientifically defensible criteria that are protective can be
identified, however, costs may be considered in selecting a particular
criterion within that range.
The designated uses and water quality criteria of the proposed rule
are not enforceable requirements until separate
[[Page 23016]]
steps are taken to implement them. Therefore, this publication of the
proposed rule does not have an immediate effect on dischargers. Until
actions are taken to implement these designated uses and criteria,
there will be no economic effect on any dischargers.
In the short time prior to proposal EPA attempted to assess, to the
best of its ability, compliance costs for facilities that could
eventually be indirectly affected by the designated uses and water
quality criteria of today's proposed rule. As described below, EPA
searched readily available data sources but did not find the
information necessary to accurately estimate these potential costs.
Although the costs are not expected to be significant, EPA has
developed a methodology to estimate the potential indirect cost impacts
on facilities discharging pollutants to waters subject to the numeric
water quality criteria and uses established by this proposal. During
the public comment period EPA will continue to gather additional data
and information on the facilities and waters needed to evaluate use
attainability and the costs attributable to this rule.
EPA is soliciting public comment and supporting data on the
facilities and waters it intends to evaluate as part of the RIA, and on
the methodology it will use to estimate costs associated with
implementation of the proposed rule. EPA will review the comments and
data provided by the public as well as the information and data it
gathers during the public comment period, and will estimate the
potential costs to facilities as an indirect result of attaining
numeric water quality criteria and uses proposed in this rule. EPA will
include this information as part of the final rulemaking.
1. Use Attainability
As discussed earlier in this preamble, EPA is relying on the
rebuttable presumption that fishable/swimmable uses are attainable in
the water body segments affected by this rulemaking. However, in order
to properly assess the impact of EPA's new use designations in Idaho,
EPA performed a preliminary evaluation to determine if this presumption
is appropriate for all assessed water body stream segments affected by
this proposal.
Although an appropriate evaluation of use attainability should
consider physical, biological, and chemical indicators, the court-
ordered schedule did not provide adequate time to properly evaluate all
indicators. EPA did, however, extract chemical-specific data from the
EPA STORET data base, which houses ambient water quality data for water
bodies throughout the U.S., including Idaho. If EPA were to find that
significant exceedances of water quality criteria (in terms of relative
magnitude above the applicable criteria, duration of exceedance above
the criteria, and the number and types of pollutants) has occurred,
then an upgrade of designated uses might not be appropriate.
EPA's STORET extraction included all data on record, and all
pollutants for which EPA's new use designation would result in more
stringent water quality criteria. EPA focused on the 35 water body
segments for which the cold water biota protection designated use will
be applied. Upon extraction, EPA generated summary statistics (minimum,
average, and maximum values on record) for the ambient water quality
within each affected stream segment and compared them to the applicable
water quality criteria to protect the cold water biota use designation.
Most data on record in STORET for the affected water body stream
segments is from the period prior to the mid-to late-1980's. Based on
this data, EPA found periodic exceedances of water quality criteria for
several water body stream segments for several specific parameters.
However, due to the age of most of the data, and the fact that data for
all applicable parameters were not available, EPA could not
definitively conclude that a downgrade for any water body stream
segment affected by this rule was justified. Therefore for purposes of
cost estimates, EPA assumed that the new use designation would apply to
all affected water bodies. EPA is requesting comments and data
regarding the applicability of the new use designation for these water
body stream segments. The affected water body stream segments can be
found in Section 131.33(b), Tables 1-6, within this proposal. EPA is
most interested in the following types of information: instream
characteristics (e.g., mean width/depth, flow/velocity, reaeration
rates); riparian characteristics; biological inventory; biological
potential (e.g., diversity, intolerant species); and ambient pollutant
concentrations for applicable parameters of concern for the stream
segment.
2. Costs
i. Overview of Methodology To Estimate Potential Costs Related to New
Use Designations
The new use designations being proposed by EPA, by themselves, will
have no impact or effect. However, when the water quality criteria to
protect these uses are applied to dischargers through the NPDES permit
program, then costs may be incurred by regulated entities (i.e., point
source dischargers) but these costs can vary significantly because of
the wide range of control strategies available to dischargers. Since
the NPDES permitting authority also has significant flexibility and
discretion in how it chooses to implement water quality criteria,
analysis of potential costs would be difficult to perform for all
potentially affected entities, even if EPA had more time than was
allowed under the Court established time-frame. EPA attempted to
estimate the potential costs attributable to the proposal by developing
detailed cost estimate for a selected subset (a sample) of facilities
from the point source dischargers that may be impacted by the proposed
rule and then used the sample results to extrapolate to the universe of
potentially affected facilities. As explained below, EPA has not been
able to come up yet with a reliable cost estimate due to significant
data gaps. The following discussion addresses the approach which EPA
has attempted to use, and plans to follow if more data is obtained.
The actual impact of the proposed rule will depend upon the
procedures and policy decisions that will be established by the
permitting authority to implement the rule and on which control
strategy the discharger selects in order to bring the facility into
compliance. These procedures and policy decisions established by the
permitting authority typically provide the methods to determine the
need for water quality-based effluent limits (WQBELs) and, if WQBELs
are required, how to derive WQBELs from applicable water quality
criteria. The implementation procedures used to derive WQBELs for this
analysis were based on the methods recommended in the EPA ``Technical
Support Document for Water Quality-based Toxics Control'' (or TSD)
(EPA/505/2-90-001; March 1991). Specifically, a projected effluent
quality (PEQ) was calculated and compared to the projected WQBEL. A PEQ
is considered an effluent value statistically adjusted for uncertainty
to estimate a maximum value that may occur.
The PEQ for each selected pollutant was compared to the projected
WQBEL. If the PEQ exceeded the projected WQBEL, a reasonable potential
existed to exceed the WQBEL. Pollutants with a reasonable potential to
exceed then were analyzed to determine potential costs to achieve the
projected WQBEL.
[[Page 23017]]
Prior to estimating compliance costs, an engineering analysis of
how each sample facility could comply with the projected WQBEL was
performed. The costs were then estimated based on the decisions and
assumptions made in the analysis. To ensure consistency and
reasonableness in estimating the general types of controls that would
be necessary for a sample facility to comply with the proposal
(assuming that implementation of the rule resulted in more stringent
discharge requirements), as well as to integrate into the cost analysis
the other alternatives available to regulated facilities, a costing
decision matrix was used for each sample facility. Specific rules were
established in the matrix to provide the reviewing engineers with
guidance in consistently selecting options.
Under the decision matrix, costs for minor treatment plant
operation and facility changes were considered first. Minor, low-cost
modification or adjustment of existing treatment was determined to be
feasible where literature indicated that the existing treatment process
could achieve the projected WQBEL and where the additional pollutant
reduction was relatively small (e.g., 10 to 25 percent of current
discharge levels).
Where it was not technically feasible to simply adjust existing
operations, the next most attractive control strategy was determined to
be waste minimization/pollution prevention controls. However, costs for
these controls were estimated only where they were considered feasible
based on the reviewing engineer's understanding of the process(es) at a
facility. The practicality of techniques was determined based on
several criteria established in the decision matrix. Decision
considerations included the level of pollutant reduction achievable
through waste minimization/pollution prevention techniques,
appropriateness of waste minimization/pollution prevention for the
specific pollutant, and knowledge of the manufacturing processes
generating the pollutant of concern.
If waste minimization/pollution prevention alone was deemed not
feasible to reduce pollutant levels to those needed to comply with the
projected WQBELs, as calculated for this analysis, a combination of
waste minimization/pollution prevention, simple treatment, and/or
process optimization was considered. If these relatively low-cost
controls could not achieve the projected WQBELs, more expensive
controls (e.g., end-of-pipe treatment) were considered.
Development of end-of-pipe treatment cost estimates constituted a
review of the existing treatment systems at each facility. Decisions to
add new treatment systems or to supplement existing treatment systems
were based on this initial evaluation. For determining the need for
additional or supplemental treatment, sources of performance
information included the EPA Office of Research and Development (ORD),
Risk Reduction Engineering Laboratory's ``RREL Treatability Database''
(Version 4.0). The pollutant removal capabilities of the existing
treatment systems and/or any proposed additional or supplemental
systems were evaluated based on the following criteria: (1) The
effluent levels that were being achieved currently at the facility; and
(2) the levels that are documented in the EPA ``RREL Treatability
Database.'' If this analysis showed that additional treatment was
needed, unit processes that would achieve compliance with the projected
WQBELs were chosen using the same documentation.
ii. Results for Stream Segments With Specific Use Designations and
Unclassified Waters
EPA identified 46 facilities that possess NPDES permits to
discharge to stream segments with specific use designations for which
new use designations are being proposed in this rule. Of these 46
facilities, 12 are classified as major dischargers, and 34 are
classified as minor dischargers. For purposes of sample selection, EPA
grouped the facilities into six categories of dischargers, including
mining, food products manufacturing, power plants, logging and lumber
production, publicly owned treatment works (POTWs), and miscellaneous
facilities (e.g., universities, agricultural supplies manufacturers,
etc.). The following table presents the universe of facilities and the
number of sample facilities randomly selected by EPA to represent each
category. The number of sample facilities selected by EPA was based on
ensuring adequate representation of the dischargers within the group
(relative to other groups), as well as considering the time frame
available to perform the analyses.
Summary of Dischargers To Stream Segments With Specific Use Designations
----------------------------------------------------------------------------------------------------------------
No. of point source No. of sample facilities
dischargers selected
Category ---------------------------------------------------
Major Minor Major Minor
----------------------------------------------------------------------------------------------------------------
Mining...................................................... 7 1 1 1
Food Products Manufacturing................................. 2 1 1 ...........
Power Plants................................................ ........... 4 ........... 1
Logging and Lumber Production............................... ........... 1 ........... 1
Miscellaneous............................................... ........... 11 ........... 2
POTWs....................................................... 3 16 1 4
---------------------------------------------------
Total................................................... 12 34 3 9
----------------------------------------------------------------------------------------------------------------
An exact number of NPDES permitted facilities that discharge to
unclassified waters was not possible due to the court ordered schedule
to propose the rule. However, EPA estimated the potential number of
facilities that could be affected by the proposal through data and
information contained in the EPA Permit Compliance System (PCS).
Specifically, EPA manually subtracted from the entire list of NPDES
permitted dischargers within Idaho, all dischargers to stream segments
with specific use designations (including those stream segments for
which EPA is proposing new use designations). Exclusion of a facility
was based on the receiving water name for the discharge as contained in
PCS. As a result of this effort, EPA estimates that 110 facilities have
NPDES permits to discharge to unclassified waters within Idaho. Of the
110, eight are classified as majors and 102 are classified as minors.
The following table presents the estimated universe of facilities
discharging to unclassified waters and the number of sample
[[Page 23018]]
facilities randomly selected by EPA to represent each category. Again,
the number of sample facilities selected by EPA was based on ensuring
adequate representation of the dischargers within the group (relative
to other groups), as well as considering the time frame available to
perform the analyses.
Summary of Dischargers To Unclassified Waters
----------------------------------------------------------------------------------------------------------------
No. of point source No. of sample facilities
dischargers selected
Category ---------------------------------------------------
Major Minor Major Minor
----------------------------------------------------------------------------------------------------------------
Mining...................................................... 3 15 1 2
Food Products Manufacturing................................. ........... 3 ........... 1
Power Plants................................................ ........... 4 ........... 1
Logging and Lumber Production............................... ........... 3 ........... 1
Miscellaneous............................................... 4 52 2 4
POTWs....................................................... 1 25 1 3
---------------------------------------------------
Total................................................... 8 102 4 12
----------------------------------------------------------------------------------------------------------------
To estimate costs for each of the sample facilities, EPA obtained
data from NPDES permit files (permit application, permit, fact sheet or
Statement of basis), and downloaded effluent monitoring data from PCS.
For each sample facility, EPA performed an evaluation of reasonable
potential to exceed water quality-based effluent limits (WQBELs) based
on applicable water quality criteria to protect new use designations
(i.e., cold water biota protection). EPA considered any pollutant for
which water quality criteria existed and for which data were available.
EPA assumed that reasonable potential existed if a permit limit for the
pollutant of concern was included in the existing permit for the sample
facility. In the absence of a permit limit, but where monitoring data
were available, EPA evaluated reasonable potential based on the
monitoring data and the procedures contained in the TSD (EPA 505/2-90-
001; March 1991). It should be noted that evaluation of the reasonable
potential to exceed the applicable dissolved oxygen criteria was not
possible in most cases, due to the lack of data. However, there were
several sample facilities that were discharging oxygen-demanding
pollutants. To account for the possible effect of the oxygen demand
potential from these facilities, EPA used a flow-based approach to
determine the reasonable potential to exceed the dissolved oxygen
criteria. In particular, if the discharge from a sample facility was to
an effluent dominated stream (i.e., the effluent discharge flow from
the sample facility was greater than 50 percent of the receiving stream
flow), then EPA assumed that treatment was needed to meet the dissolved
oxygen criteria.
To calculate WQBELs, EPA used the TSD procedures to derive maximum
daily and monthly average limits. Background concentrations were based
on the average of data contained in STORET for upstream monitoring
stations (including nearby tributaries); in the absence of background
data, EPA assumed zero. Critical low flows were calculated from data
contained in the United States Geological Survey (USGS) Daily Flow file
data base for nearby gage stations; the 1-day, 10-year low flow (1Q10)
was used for acute aquatic life protection and the 7-day, 10-year low
flow (7Q10) was used for chronic aquatic life protection. In the
absence of stream flow data, EPA conservatively assumed zero low flow.
Once WQBELs were derived, EPA attempted to derive cost estimates
that represent the cost to remove the incremental amount of
pollutant(s) to levels needed to comply with WQBELs (based on the
existing effluent limit or reported effluent quality in the absence of
a limit). Ideally, this assessment would be based on an evaluation of
the performance of existing treatment system units, as well as
consideration of other possible control options (e.g., waste
minimization, pollution prevention). However, the general lack of
appropriate information and data, particularly for the minor sample
facilities, prohibited EPA from assessing the feasibility of potential
control options to reduce pollutant concentrations. Although EPA does
not expect significant costs based on initial examination of the types
and number of pollutants that would be affected by the proposed rule,
any estimates made by EPA without an adequate information base would be
speculation.
As a result of the significant data gaps for the sample facilities,
EPA was unable to estimate costs for the sample facilities. The
following table presents the facilities that were randomly selected as
sample facilities for the cost analysis.
Sample Facilities Selected by EPA for Cost Analysis
------------------------------------------------------------------------
NPDES permit
Category Sample facility name No.
------------------------------------------------------------------------
Stream Segments with Specific Use Designations
------------------------------------------------------------------------
Mining......................... Goldback Mines Corp... ID0026026
Hecla Mining Co....... ID0000167
Star/Morning Mine and
Mill.
Food Products Manufacturing.... Armour Fresh.......... ID0000787
Power Plants................... Idaho Power--Swans ID0022551
Falls.
Logging and Lumber Production.. Boise Cascade Council ID0025631
Sawmill.
Miscellaneous.................. University of Idaho ID0027464
Irrigation Lagoons.
Agway Inc. Seed Coop.. ID0027464
POTWs.......................... City of Preston....... ID0020214
[[Page 23019]]
City of Troy.......... ID0023604
Clarkia Water & Sewer ID0025071
District.
Cambridge Sewer ID0020338
Association.
City of Franklin...... ID0025569
------------------------------------------------------------------------
Unclassified Waters
------------------------------------------------------------------------
Mining......................... Beartrack Gold........ ID0027022
Caladay Project--Daly ID0025429
Gulch.
Unnamed Discharge to ID0024881
Crooked Creek.
Food Products Manufacturing.... Wippco Processing ID0026794
Plant.
Power Plants................... Idaho Power Company... ID0027502
Logging and Lumber Production.. Jaype Plywood......... ID0000451
Miscellaneous.................. Niagara Springs ID0022381
Hatchery.
Snake River Hatchery.. ID0000752
Standal Ponds......... ID0027782
Yoder Farms........... ID0024236
Great Western Chemical ID0027537
Unnamed Discharge to ID0025168
Lapwai Creek.
POTWs.......................... Unnamed Discharge to ID0020176
American Falls
Reservoir.
City of Kamiah........ ID0027545
Unnamed Discharge to ID0025101
Hangman Creek.
Unnamed Discharge to ID0026310
Four Mile Creek.
------------------------------------------------------------------------
EPA is requesting comments, data, and information for the sample
facilities that could assist EPA in evaluating the potential indirect
costs to the sample facilities, including, but not limited to,
descriptions of existing treatment systems and pollutant control
systems; pollutants expected in effluent discharge; long-term average
discharge flow and pollutant effluent concentrations; long-term average
receiving water pollutant concentrations; and critical low flow values
for receiving water stream segments.
iii. Overview of Approach to Estimate Potential Costs Related to New
Temperature Criteria
EPA is also including as part of today's proposed rule temperature
criteria for threatened and endangered species. Due to the number of
water body stream segments that are affected by this more stringent
temperature criteria and lack of data, EPA was not able to project the
potential costs to NPDES permitted dischargers associated with proposal
of the more stringent temperature criteria. The water body stream
segments with more stringent temperature criteria to protect threatened
and endangered species can be found in Sections 131.33 (c) through (e)
of today's proposed rule.
If sufficient data can be obtained, the approach EPA plans to use
to estimate potential costs is similar to the approach used for
estimating the costs for new use designations (i.e., randomly selecting
sample facilities to represent the universe of affected facilities).
The data requirements to evaluate the potential costs would include not
only ambient and effluent temperature data for critical times of the
year during which spawning and rearing occur, but also detailed
operational information to evaluate the ability of a facility to comply
with the more stringent temperature criteria.
This detailed data were not available to EPA within the time-frame
to complete the cost analysis, and therefore EPA was not able to fully
assess the impact to NPDES permitted dischargers. EPA is soliciting the
above mentioned data for facilities located on water body stream
segments identified in Sections 131.33 (c)-(e) of today's proposed
rule.
K. Executive Order 12866
Under Executive Order 12866 (58 FR 51735, October 4, 1993), EPA
must determine whether the regulatory action is ``significant'' and
therefore subject to Office of Management and Budget (OMB) review and
the requirements of the Executive Order. The Order defines
``significant regulatory action'' as one that is likely to result in a
rule that may:
(1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or Tribal governments or
communities;
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
It has been determined that this is not a ``significant regulatory
action'' under the terms of Executive Order 12866, and is therefore not
subject to OMB review.
L. Regulatory Flexibility Act as Amended By the Small Business
Regulatory Enforcement Fairness Act of 1996
The Regulatory Flexibility Act (RFA) provides that, whenever an
agency publishes a rule under 5 U.S.C. Sec. 553, after being required
to publish a general notice of proposed rulemaking, an agency must
prepare a regulatory flexibility analysis unless the head of the agency
certifies that the proposed rule will not have a significant economic
impact on a substantial number of small entities. 5 U.S.C. Secs. 604 &
605. The Administrator is today certifying, pursuant to Sec. 605(b) of
the RFA, that this proposed rule will not have a significant impact on
a substantial number of small entities. Therefore, the Agency did not
prepare a regulatory flexibility analysis.
Under the CWA water quality standards program, States must adopt
water quality standards for their waters
[[Page 23020]]
that must be submitted to EPA for approval. If the Agency disapproves a
State standard, EPA must promulgate standards consistent with the
statutory requirements. These State standards (or EPA-promulgated
standards) are implemented through the NPDES program that limits
discharges to navigable waters except in compliance with an EPA permit
or permit issued under an approved State program. The CWA requires that
all NPDES permits must include any limits on discharges that are
necessary to meet State water quality standards.
Thus under the CWA, EPA's promulgation of water quality standards
where State standards are inconsistent with statutory requirements
establishes standards that are implemented through the NPDES permit
process by authorized States, or, in the absence of an approved State
NPDES program, by EPA. EPA implements the NPDES program in Idaho. EPA
and authorized States have discretion in deciding how to meet the water
quality standards and in developing discharge limits as needed to meet
the standards. While State or EPA implementation of federally-
promulgated water quality standards may result in new or revised
discharge limits being placed on small entities, the standards
themselves do not apply to any discharger, including small entities.
Today's proposed rule imposes obligations on EPA but, as explained
above, does not itself establish any requirements that are applicable
to small entities. As a result of this action, EPA will need to ensure
that permits issued in the State of Idaho include any limitations on
discharges necessary to comply with the standards in the final rule.
EPA and the State have a number of discretionary choices associated
with permit writing and total maximum daily load (TMDL) calculations
and waste load allocations (WLAs) which can affect the burden felt by
any small entity as a result of EPA action to implement the final rule.
While implementation of the final rule may ultimately result in some
new or revised permit conditions for some dischargers, including small
entities, EPA's action today does not impose any of these as yet
unknown requirements on small entities.
The RFA requires analysis of the impacts of a rule on the small
entities subject to the rules' requirements. See United States
Distribution Companies v. FERC, 88 F.3d 1105, 1170 (D.C. Cir. 1996).
Today's proposed rule establishes no requirements applicable to small
entities, and so is not susceptible to regulatory flexibility analysis
as prescribed by the RFA. (``[N]o analysis is necessary when an agency
determines that the rule will not have a significant economic impact on
a substantial number of small entities that are subject to the
requirements of the rule,' '' United Distribution at 1170, quoting Mid-
Tex Elec. Co-op v. FERC, 773 F.2d 327, 342 (D.C. Cir. 1985) (emphasis
added by United Distribution court).) The Agency is thus certifying
that today's proposed rule will not have a significant economic impact
on a substantial number of small entities, within the meaning of the
RFA.
M. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and Tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written Statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal Mandates'' that
may result in expenditures to State, local, and Tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
one year. Before promulgating an EPA rule for which a written Statement
is needed, section 205 of the UMRA generally requires EPA to identify
and consider a reasonable number of regulatory alternatives and adopt
the least costly, most cost-effective or least burdensome alternative
that achieves the objectives of the rule. The provisions of section 205
do not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective or least burdensome alternative if the
Administrator publishes with the rule an explanation why that
alternative was not adopted.
Before EPA establishes any regulatory requirements that may
significantly or uniquely affect small governments, including Tribal
governments, it must have developed under section 203 of the UMRA a
small government agency plan. The plan must provide for notifying
potentially affected small governments, enabling officials of the
affected small governments to have meaningful and timely input in the
development of EPA regulatory proposals with significant Federal
intergovernmental mandates, and informing, educating, and advising
small governments on compliance with the regulatory requirements.
As noted above, this proposed rule is limited to water quality
standards for a limited number of waters within the State of Idaho. EPA
believes that this proposed rule contains no regulatory requirements
that might significantly or uniquely affect small governments. EPA also
believes that this proposed rule does not contain a Federal mandate
that may result in expenditures of $100 million or more for State,
local, and Tribal governments, in the aggregate, or the private sector
in any one year. Thus, today's proposed rule is not subject to the
requirements of sections 202 and 205 of the UMRA.
N. Paperwork Reduction Act
Today's rulemaking imposes no new or additional information
collection activities subject to the Paperwork Reduction Act (44 U.S.C.
3501 et seq.). Therefore, no Information Collection request will be
submitted to the Office of Management and Budget for review in
compliance with the Paperwork Reduction Act.
O. Executive Order 12875
In compliance with Executive Order 12875, EPA has involved State
governments in the development of this rule. Prior to this rulemaking
action, EPA met numerous times with representatives of Idaho's Division
of Environmental Quality and Idaho's Attorney General's office to
discuss our concerns with the State's water quality standards, possible
remedies for addressing the disapproved sections of the water quality
standards, and the rulemaking process. EPA has also corresponded with
Idaho's Division of Environmental Quality and the Governor's office.
EPA has held telephone conferences and meetings with U.S. Fish and
Wildlife Service and the National Marine Fisheries Service to discuss
Endangered Species Act consultation issues related to this action. In
addition, EPA issued a notice on March 21, 1997, (62 FR 13567)
outlining EPA's rulemaking plans and informing the public that EPA
would be seeking information on specific streams in Idaho. EPA will
continue to work with affected parties before finalizing water quality
standards for Idaho.
EPA has scheduled two public hearings for May 12, 1997, in Boise,
Idaho. EPA's public notification process is targeting interested
parties, both within and outside of government, to ensure them the
opportunity for involvement.
List of Subjects in 40 CFR Part 131
Environmental protection, Water pollution control, Water Quality
Standards.
[[Page 23021]]
Dated: April 21, 1997.
Carol M. Browner,
Administrator.
For the reasons set forth in the preamble, EPA proposes to amend 40
CFR Part 131 as follows:
PART 131--WATER QUALITY STANDARDS
1. The authority citation for part 131 continues to read as
follows:
Authority: 33 U.S.C. 1251 et seq.
Subpart D--[Amended]
2. Section 131.33 is added to read as follows:
Sec. 131.33 Idaho.
(a) Prior to classification by the State, unclassified waters shall
be protected for primary contact recreation and cold water biota.
(b) In addition to the State adopted use designations, the
following water body segments in Idaho have the beneficial uses
designated in paragraph (b)(1) of this section.
----------------------------------------------------------------------------------------------------------------
Primary
Idaho map code Waters Cold water Salmonid contact
biota spawning recreation
----------------------------------------------------------------------------------------------------------------
(1) Panhandle Basin
----------------------------------------------------------------------------------------------------------------
PB 11S................................ Granite Creek-source to mouth. ............ ............ x
PB 121S............................... Canyon Creek-below mining x ............ x
impact.
PB 140S............................... South Fork Coeur d'Alene River- x ............ x
Daisy Gulch to mouth.
PB 142S............................... Nine Mile Creek-below mining x ............ x
impact.
PB 143S............................... Big Creek-below mining impact. x ............ x
PB 145S............................... Government Gulch-source to x ............ x
mouth.
PB 146S............................... Pine Creek-below mining impact ............ ............ x
PB 147S............................... Lake Creek-below mining impact x ............ x
PB 148S............................... Shields Gulch-below mining x ............ x
impact.
PB 220P............................... Trestle Creek-source to mouth. ............ ............ x
PB 322S............................... St. Maries-Fernwood to mouth.. x ............ ............
PB 340S............................... Plummer Creek-source to mouth. x ............ x
PB 450S............................... Hangman Creek-source to Idaho- x ............ x
Washington border.
PB 451S............................... Rock Creek-source to Idaho- x ............ x
Washington border.
----------------------------------------------------------------------------------------------------------------
(2) Clearwater Basin
----------------------------------------------------------------------------------------------------------------
CB 152................................ Cottonwood Creek-source to x ............ ............
mouth.
CB 170................................ Palouse River-Princeton to x ............ x
Idaho-Washington border.
CB 171................................ So. Fork Palouse River-source x ............ x
to Idaho-Washington border.
CB 210................................ Lindsay Creek................. ............ ............ x
CB 1321............................... Three Mile Creek-source to ............ ............ x
mouth.
CB 1322............................... Cottonwood Creek-source to ............ ............ x
mouth.
CB 1421............................... Grasshopper Creek-source to x x ............
mouth.
CB 1541............................... Little Bear Creek-source to x x x
mouth.
CB 1711............................... Cow Creek-source to Idaho- x ............ x
Washington border.
CB 1712............................... Paradise Creek source to Idaho- x ............ x
Washington border.
----------------------------------------------------------------------------------------------------------------
(3) Salmon Basin
----------------------------------------------------------------------------------------------------------------
SB 130................................ Thompson Creek-source to mouth ............ ............ x
SB 140................................ Squaw Creek-source to mouth... ............ ............ x
SB 421................................ Blackbird Creek-source to x x x
mouth.
SB 430................................ Panther Creek-Blackbird Creek ............ x x
to mouth.
SB 4211............................... West Fork Blackbird Creek- x x x
source to mouth.
----------------------------------------------------------------------------------------------------------------
(4) Southwest Idaho Basin
----------------------------------------------------------------------------------------------------------------
SWB 10................................ Snake River-King Hill to x ............ ............
Marsing.
SWB 20................................ Snake River-Marsing to Boise x ............ ............
River.
SWB 30................................ Snake River-Payette River to x ............ ............
Boise River.
SWB 271............................... Ten Mile Creek-source to mouth ............ ............ x
SWB 271............................... Five Mile Creek-source to ............ ............ x
mouth.
SWB 282............................... Indian Creek-below Sugar x ............ x
Avenue Nampa to mouth.
SWB 410............................... Weiser River-source to Midvale x ............ ............
SWB 421............................... Crane Creek-source to mouth... x ............ ............
----------------------------------------------------------------------------------------------------------------
(5) Upper Snake Basin
----------------------------------------------------------------------------------------------------------------
USB 235............................... North Fork Teton River-source ............ ............ x
to mouth.
USB 236............................... South Fork Teton River-source ............ ............ x
to mouth.
USB 320............................... Willow Creek-Ririe Dam to ............ ............ x
mouth.
USB 360............................... Blackfoot River-Equalizing Dam x ............ x
to mouth.
USB 411............................... Marsh Creek-source to mouth... x ............ x
USB 430............................... Bannock Creek-source to mouth. x ............ x
USB 730............................... Rock Creek-Rock Creek City to ............ ............ x
mouth.
USB 740............................... Cedar Draw-source to mouth.... ............ ............ x
USB 800............................... Mud Creek-Deep Creek Road to ............ ............ x
mouth.
[[Page 23022]]
USB 810............................... Deep Creek-source to mouth.... ............ ............ x
----------------------------------------------------------------------------------------------------------------
BB 310................................ Soda Creek-source to mouth.... x ............ x
BB 430................................ Battle Creek--source to mouth. x ............ x
BB 420................................ Worm Creek-source to Idaho- x ............ x
Washington border.
BB 450................................ Cub Creek-Mapleton to Idaho- x ............ x
Utah border.
BB 470................................ Malad River-Little Malad River x ............ x
to Idaho-Utah border.
BB 480................................ Deep Creek-source to Idaho- x ............ ............
Utah border.
----------------------------------------------------------------------------------------------------------------
(c) Temperature Criteria for Bull Trout.
(1) The following seasonal temperature requirements and maximum
weekly average temperature criteria apply to the Idaho waterbody
segments identified in paragraph (c)(2) of this section.
------------------------------------------------------------------------
Maximum
weekly
Date average
temperature
( deg.C)
------------------------------------------------------------------------
January.................................................... 4
February................................................... 4
March...................................................... 6
April...................................................... 8
May........................................................ 10
June....................................................... 12
July....................................................... 12
August 1-15................................................ 12
August 15-30............................................... 10
September.................................................. 10
October.................................................... 8
November................................................... 6
December................................................... 6
------------------------------------------------------------------------
(2) Note: In paragraph (c)(2), ``\1\'' denotes waterbody segments
included in the Interior Columbia Basin Ecosystem Management Project is
``Key Salmonid'' Database; ``\2\'' denotes waterbody segments included
in the Idaho Department of Fish and Game Digital Bulltrout Distribution
Database.
(i) Boise-Mores Basin: Boise River,\2\ Devils Creek,\1\ \2\ East
Fork Sheep Creek,\1\ \2\ Middle Fork Boise River,\2\ North Fork Boise
River,\2\ Sheep Creek.\1\ \2\
(ii) Brownlee Reservoir Basin: Allison Creek,\1\ Bear Creek,\1\
Board Gulch,\1\ Brownlee Creek,\1\ Butterfield Gulch,\1\ Calf Pen
Gulch,\1\ Cave Creek,\1\ Cold Spring Creek,\1\ Cottonwood Creek,\1\ Cow
Creek,\1\ Crooked River,\1\ \2\ Deer Creek,\1\ Dick Ross Creek,\1\ Doe
Creek,\1\ Dukes Creek,\1\ Eckels Creek,\1\ Fawn Creek,\1\ Gladheart
Gulch,\1\ Grouse Creek,\1\ Hoo Hoo Gulch,\1\ Indian Creek,\2\ Jackson
Gulch,\1\ Kinney Creek,\1\ Lick Creek,\1\ Little Bear Creek,\1\ Raft
Creek,\1\ Sheep Creek,\1\ Snake River,\1\ Stevens Creek,\1\ Sumac
Creek,\1\ Summit Gulch,\1\ Swapit Creek,\1\ Thorn Creek,\1\ Thorn
Spring Creek,\1\ Trail Creek,\1\ Wayle Creek,\1\ Wickiup Creek,\1\ Wolf
Creek.\1\
(iii) Bruneau Basin: Bruneau River,\1\ East Fork Jarbidge River,\2\
Jarbidge River,\2\ Stiff Tree Draw.\1\
(iv) Clearwater Basin: Beardy Gulch,\1\ Big Canyon Creek,\2\
Clearwater River,\1\ Cole Canyon,\1\ Cougar Creek,\1\ Feather Creek,\1\
Laguna Creek,\1\ Lolo Creek,\2\ Nikesa Creek,\1\ North Fork Clearwater
River,\1\ Orofino Creek,\2\ Rattlesnake Canyon,\1\ Talapus Creek,\1\
West Fork Potlatch River,\1\ Wheeler Canyon.\1\
(v) Coeur D'Alene Lake Basin: Canary Creek,\1\ Cataldo Gulch,\1\
Cave Lake,\1\ Clark Creek,\1\ Coeur d'Alene Lake,\1\ Coeur d'Alene
River,\1\ Cougar Creek,\1\ Evans Creek,\1\ Fernan Creek,\1\ Fortier
Creek,\1\ French Gulch,\1\ Hardy Gulch,\1\ Hayden Gulch,\1\ Kid
Creek,\1\ Killarney Creek,\1\ Killarney Lake,\1\ Lane Creek,\1\
Medicine Lake,\1\ Mica Creek,\1\ Robinson Creek,\1\ Rose Creek,\1\
Skeel Gulch,\1\ South Fork Mica Creek,\1\ Squaw Creek,\1\ Turner
Creek,\1\ Whiteman Draw,\1\ Willow Creek.\1\
(vi) Hells Canyon Basin: Bear Gulch,\1\ Bernard Creek,\1\ Big
Canyon Creek,\1\ Big Sulphur Creek,\1\ Brush Creek,\1\ Camp Creek,\1\
Caribou Creek,\1\ Clarks Fork,\2\ Corral Creek,\1\ Deep Creek,\1\
Devils Farm Creek,\1\ Dog Creek,\1\ Doug Creek,\1\ Dry Creek,\1\ \2\
East Fork Sheep Creek,\1\ Fir Creek,\1\ Getta Creek,\2\ Granite
Creek,\1\ \2\ Highrange Creek,\1\ Jones Creek,\1\ Kirby Creek,\1\
Klopton Creek,\1\ \2\ Kurry Creek,\1\ \2\ Left Fork Dry Creek,\1\
Little Granite Creek,\1\ North Fork Klopton Creek,\1\ Oxbow Creek,\1\
Salt Creek,\2\ Sheep Creek,\1\ \2\ Snake River,\1\ \2\ Steep Creek,\1\
Thorn Creek,\1\ Trail Creek,\1\ Two Creek,\1\ Vance Gulch,\1\ West
Creek,\1\ West Fork West Creek,\1\ Wyley Creek,\1\ Zigzag Creek.\1\
(vii) Lemhi Basin: Adams Creek,\1\ Alder Creek,\1\ Baldy Creek,\1\
Basin Creek,\1\ Bear Creek,\1\ Bear Valley Creek,\1\ \2\ Big Eightmile
Creek,\1\ \2\ Big Springs Creek,\1\ Big Timber Creek,\1\ \2\ Bray
Creek,\1\ Bull Creek,\1\ Cabin Creek,\1\ Canyon Creek,\1\ \2\ Carol
Creek,\1\ Chamberlain Creek,\1\ Clear Creek,\1\ Climb Creek,\1\ Cooper
Creek,\1\ Dairy Creek,\1\ \2\ Deer Creek,\1\ \2\ Deer Park Creek,\1\
Divide Creek,\1\ Dry Creek,\1\ East Fork Hayden Creek,\1\ \2\ East Fork
Kenney Creek,\1\ East Fork Kirtley Creek,\1\ Eighteenmile Creek,\1\ \2\
Falls Creek,\1\ Ferry Creek,\1\ Ford Creek,\1\ Gary Creek,\1\ Geertson
Creek,\1\ \2\ Goose Creek,\1\ Grove Creek,\1\ Hawley Creek,\1\ \2\
Hayden Creek,\1\ \2\ Haynes Creek,\1\ Kadletz Creek,\1\ Kenney
Creek,\1\ \2\ Kirtley Creek,\1\ \2\ Lake Creek,\1\ Lee Creek,\2\ Lemhi
River,\1\ \2\ Little Eightmile Creek,\1\ \2\ Little Mill Creek,\1\
Little Sawmill Creek,\1\ Little Timber Creek,\1\ \2\ McGinty Creek,\1\
McNutt Creek,\1\ Meadow Creek,\1\ Middle Fork Little Timber Creek,\1\
\2\ Milk Creek,\1\ Mill Creek,\1\ \2\ Mogg Creek,\1\ Muddy Creek,\1\
Mulkey Creek,\1\ Negro Green Creek,\1\ North Fork Kirtley Creek,\1\ \2\
North Fork Little Timber Creek,\1\ Paradise Creek,\1\ Patterson
Creek,\1\ Payne Creek,\1\ Poison Creek,\1\ Prospect Creek,\1\ Reese
Creek,\1\ Rocky Creek,\1\ Ryegrass Creek,\1\ Short Creek,\1\ Squaw
Creek,\1\ Squirrel Creek,\1\ Texas Creek,\1\ Tobias Creek,\1\ Trail
Creek,\1\ Walter Creek,\1\ Warm Spring Creek,\1\ West Fork Hayden
Creek,\1\ \2\ West Fork Little Eightmile Creek,\1\ Wright Creek.\1\
(viii) Little Lost Basin: Aspen Creek,\1\ Badger Creek,\1\ \2\
Barney Creek,\1\ Bear Canyon,\1\ Bear Creek,\1\ Bell Mountain Creek,\1\
Big Creek,\1\ \2\ Bird Canyon,\1\ Black Creek,\1\ Buck Canyon,\1\ Bull
Creek,\1\ Cedar Run Creek,\1\ Chicken Creek,\1\ Coal Creek,\1\ Corral
Creek,\1\ Deep Creek,\1\ Dry Creek,\1\ Dry Creek Canal,\1\ Firbox
Creek,\1\ \2\ Garfield Creek,\1\ Hawley Canyon,\1\ Hawley Creek,\1\ \2\
Horse Creek,\1\ Horse Lake Creek,\1\ Iron Creek,\1\ \2\ Jackson
Creek,\1\ \2\ Little Lost River,\1\ \2\ Mahogany Creek,\1\ Main Fork
Sawmill Creek,\1\ \2\ Massacre Creek,\1\ Meadow Creek,\1\ Mill
Creek,\1\ \2\ Moffett Creek,\1\ Moonshine Creek,\1\ Quigley Creek,\1\
Red Rock Creek,\1\ \2\ Sands Creek,\1\ Sawmill Creek,\1\ \2\ Slide
Creek,\1\ Smithie Fork,\1\ \2\ Squaw Creek,\1\ \2\ Summerhouse
Canyon,\1\ Summit Creek,\1\ \2\ Timber Creek,\1\ \2\ Warm Creek,\1\ \2\
Wet Creek,\1\ \2\ Williams Creek.\1\ \2\
(ix) Little Salmon Basin: Bascum Canyon,\1\ Boulder Creek,\2\ Brown
Creek,\1\ Campbell Ditch,\1\ Castle Creek,\1\ Clayburn Creek,\1\ Copper
Creek,\1\ Granite Fork Lake Fork Rapid River,\1\ Hard Creek,\1\ \2\
Hazard Creek,\1\ \2\ Hyatt Creek,\1\ Jacks Creek,\1\ Lake Fork Rapid
River,\1\ Little Salmon River,\1\ \2\ Paradise
[[Page 23023]]
Creek,\1\ Pony Creek,\2\ Rapid River,\1\ \2\ Squirrel Creek,\2\ Trail
Creek,\1\ Warm Springs Creek,\1\ West Fork Rapid River.\2\
(x) Lochsa Basin: Apgar Creek,\1\ Badger Creek,\1\ Bald Mountain
Creek,\1\ Bear Mtn. Creek,\1\ Beaver Creek,\1\ \2\ Big Flat Creek,\1\
\2\ Big Stew Creek,\1\ Boulder Creek,\1\ \2\ Brushy Fork,\1\ \2\ Cabin
Creek,\1\ California Creek,\1\ Castle Creek,\1\ Chain Creek,\2\ Chimney
Creek,\1\ Cliff Creek ,\1\ Colgate Creek,\1\ Coolwater Creek,\1\
Cooperation Creek,\1\ Crab Creek,\1\ Crooked Fork Lochsa River,\1\ \2\
Dan Creek,\1\ Deadman Creek,\2\ Doe Creek,\1\ \2\ Dutch Creek,\1\ Eagle
Creek,\1\ Eagle Mountain Creek,\1\ East Fork Papoose Creek,\1\ \2\ East
Fork Split Creek,\1\ East Fork Squaw Creek,\1\ Eel Creek,\1\ Fern
Creek,\1\ Fire Creek,\2\ Fish Creek,\1\ \2\ Fish Lake Creek,\1\ \2\ Fox
Creek,\1\ \2\ Freezeout Creek,\1\ Gass Creek,\2\ Gold Creek,\1\
Greystone Creek,\1\ Gypsy Creek,\1\ Ham Creek,\1\ Handy Creek,\1\ Hard
Creek,\1\ Haskell Creek,\1\ Heather Creek,\1\ Helix Creek,\1\ Hellgate
Creek,\1\ Heslip Creek,\1\ Hidden Creek,\1\ Holly Creek,\1\ Hopeful
Creek,\1\ \2\ Hungery Creek,\2\ Indian Grave Creek,\1\ \2\ Indian
Meadow Creek,\1\ Jay Creek,\1\ Kerr Creek,\1\ Kinnikinnick Creek,\1\
Kube Creek,\1\ Lochsa River,\1\ \2\ Lone Knob Creek,\1\ Lost Creek,\1\
Lottie Creek,\1\ Macaroni Creek,\1\ Maud Creek,\1\ Middle Fork
Clearwater River,\2\ Mocus Creek,\1\ No-see-um Creek,\1\ North Fork
Spruce Creek,\1\ North Fork Storm Creek,\1\ Nut Creek,\1\ Old Man
Creek,\1\ Otter Slide Creek,\1\ Pack Creek,\1\ Papoose Creek,\1\ \2\
Parachute Creek,\1\ Pass Creek,\1\ Pedro Creek,\1\ Pell Creek,\1\ Pete
King Creek,\1\ \2\ Placer Creek,\1\ Polar Creek,\1\ Postoffice
Creek,\1\ \2\ Queen Creek,\1\ Robin Creek,\1\ Rock Creek,\1\ Rye Patch
Creek,\1\ Sardine Creek,\1\ Selway River,\1\ \2\ Shoot Creek,\1\
Shotgun Creek,\1\ Skookum Creek,\1\ Snowshoe Creek,\1\ South Fork
Spruce Creek,\1\ South Fork Storm Creek,\1\ Split Creek,\1\ Sponge
Creek,\1\ \2\ Spring Creek,\1\ Spruce Creek,\1\ \2\ Squaw Creek,\1\ \2\
Storm Creek,\1\ \2\ Tadpole Creek,\1\ Tick Creek,\1\ Tomcat Creek,\1\
Tumble Creek,\1\ Twin Creek,\1\ Wag Creek,\1\ Walde Creek,\1\ \2\
Walton Creek,\1\ \2\ Warm Springs Creek,\1\ \2\ Weir Creek,\1\ \2\
Wendover Creek,\1\ \2\ West Fork Boulder Creek,\1\ West Fork Papoose
Creek,\1\ \2\ West Fork Squaw Creek,\1\ \2\ West Fork Wendover
Creek,\1\ White Sands Creek,\1\ \2\ Willow Creek.\1\
(xi) Lower Clark Fork Basin: Cascade Creek,\1\ Clark Fork,\1\ \2\
East Fork,\1\ East Fork Creek,\2\ East Fork East Fork Creek,\1\ Gold
Creek,\1\ Johnson Creek,\1\ \2\ Lightning Creek,\1\ \2\ Middle Fork
Clark Fork,\2\ Mosquito Creek,\1\ North Fork Clark Fork,\2\ Porcupine
Creek,\2\ Rattle Creek,\2\ South Fork Clark Fork,\2\ Spring Creek,\1\
\2\ Twin Creek,\2\ Wellington Creek.\1\ \2\
(xii) Lower Kootenai Basin: Ball Creek,\1\ Boundary Creek,\2\ Brush
Creek,\1\ Brush Lake,\1\ Cabin Creek,\1\ Caribou Creek,\1\ \2\ Cascade
Creek,\1\ Cedar Creek,\1\ Cooks Creek,\1\ Cow Creek,\1\ Curley
Creek,\2\ Deep Creek,\1\ \2\ Fall Creek,\1\ Grass Creek,\2\ Hall
Creek,\1\ Highland Creek,\1\ Jim Creek,\1\ Kootenai River,\1\ \2\ Lime
Creek,\1\ Long Canyon Creek,\1\ \2\ Mack Creek,\1\ Mission Creek,\2\
Molar Creek,\1\ Moyie River,\2\ Myrtle Creek,\1\ \2\ Peak Creek,\1\
Roman Nose Creek,\1\ Snow Creek,\1\ \2\ Trout Creek.\1\ \2\
(xiii) Lower Middle Fork Salmon Basin: Acorn Creek,\1\ Alpine
Creek,\1\ Anvil Creek,\1\ Arrastra Creek,\1\ Bar Creek,\1\ Beagle
Creek,\1\ Beaver Creek,\1\ \2\ Belvidere Creek,\1\ \2\ Big Creek,\1\
\2\ Birdseye Creek,\1\ Bismark Creek,\1\ Boulder Creek,\1\ Brush
Creek,\2\ Buck Creek,\1\ Bull Creek,\1\ Cabin Creek,\2\ Camas Creek,\1\
\2\ Camp Creek,\1\ Canyon Creek,\1\ Castle Creek,\1\ \2\ Cave Creek,\1\
Chalk Creek,\1\ Cinch Creek,\1\ Clark Creek,\1\ Coin Creek,\1\ Color
Creek,\1\ Copper Creek,\1\ Corner Creek,\1\ Coxey Creek,\1\ Crooked
Creek,\1\ \2\ Dame Creek,\1\ Deer Creek,\1\ Doe Creek,\1\ Duck
Creek,\1\ East Fork Crooked Creek,\1\ East Fork Holy Terror Creek,\1\
Fall Creek,\1\ Fawn Creek,\1\ Flume Creek,\1\ Fly Creek,\1\ Forge
Creek,\1\ Furnace Creek,\1\ Garden Creek,\1\ Goat Creek ,\1\ Gold
Creek,\1\ Government Creek,\1\ Grouse Creek,\1\ Hammer Creek,\1\ Hand
Creek,\1\ \2\ Holy Terror Creek,\1\ J Fell Creek,\1\ Jackass Creek,\1\
Jacobs Ladder Creek,\1\ Jenny Creek,\1\ Lake Creek,\1\ Lewis Creek,\1\
Liberty Creek,\1\ Lick Creek,\1\ Lime Creek,\1\ Little Jacket Creek,\1\
Little Marble Creek,\1\ Little Ramey Creek,\1\ Little White Goat
Creek,\1\ Little Woodtick Creek,\1\ Logan Creek ,\1\ \2\ Lookout
Creek,\1\ Loon Creek ,\2\ Marttindale Creek,\1\ Meadow Creek,\1\ Middle
Fork Salmon River,\1\ \2\ Middle Fork Smith Creek,\1\ \2\ Milk
Creek,\1\ Monumental Creek,\1\ \2\ Moore Creek,\1\ Mud Creek,\1\
Mulligan Creek,\1\ North Fork Smith Creek,\1\ North Fork Stoddard
Creek,\1\ Norton Creek,\1\ Pack Horse Creek,\1\ Paint Creek,\1\ Placer
Creek,\1\ Pole Creek,\1\ Rams Creek,\1\ Range Creek,\1\ Roaring
Creek,\1\ Routson Creek,\1\ Rush Creek,\1\ \2\ Sawlog Creek,\1\ Sheep
Creek,\1\ Sheldon Creek,\1\ Shellrock Creek,\1\ Ship Island Creek,\1\
Shovel Creek,\1\ Silver Creek,\1\ \2\ Slide Creek,\1\ Smith Creek,\1\
\2\ Snowslide Creek,\2\ Soda Creek,\1\ Soldier Creek,\1\ South Fork
Camas Creek,\1\ South Fork Chamberlain Creek,\2\ South Fork Holy Terror
Creek,\1\ South Fork Norton Creek,\1\ South Fork Rush Creek,\1\ South
Fork Sheep Creek,\1\ Spider Creek,\1\ Spletts Creek,\1\ Spring
Creek,\1\ Stoddard Creek,\1\ Tale Creek,\1\ Telephone Creek,\1\ Trail
Creek,\1\ Twin Creek,\1\ Two Point Creek,\1\ West Fork Beaver Creek,\1\
West Fork Camas Creek,\1\ \2\ West Fork Crooked Creek,\1\ West Fork
Monumental Creek,\1\ \2\ West Fork Rush Creek,\1\ Whiskey Creek,\1\
White Goat Creek,\1\ Wild Horse Creek,\1\ Wilson Creek,\1\ \2\ Woodtick
Creek,\1\ Yellowjacket Creek.\1\
(xiv) Lower North Fork Clearwater Basin: Adair Creek,\1\ Anderson
Creek,\1\ Badger Creek,\1\ Bathtub Creek,\1\ Bear Creek,\1\ Beaver
Creek,\1\ \2\ Bertha Creek,\1\ Bingo Creek,\1\ Black Creek,\1\ Bonner
Creek,\1\ Brush Creek,\1\ Buck Creek,\1\ Butte Creek,\1\ Canyon
Creek,\1\ \2\ Caribou Creek,\1\ Cataract Creek,\1\ Crampton Creek,\1\
Crescendo Creek,\1\ Crimper Creek,\1\ Delate Creek,\1\ Devils Club
Creek,\1\ Dip Creek,\1\ Dog Creek,\1\ \2\ Dworshak Reservoir,\1\ East
Fork Beaver Creek,\1\ Elkberry Creek,\1\ Elmberry Creek,\1\ Elmer
Creek,\1\ Falls Creek,\1\ Fern Creek,\1\ Floodwood Creek,\1\ Foehl
Creek,\1\ Goat Creek,\1\ Grandad Creek,\1\ Harlan Creek,\1\ Hodson
Creek,\1\ Idaho Creek,\1\ Isabella Creek,\1\ \2\ John Creek,\1\ Jug
Creek,\1\ Jungle Creek,\1\ \2\ Ladds Creek,\1\ Larkins Creek,\1\ Len
Creek,\1\ Lightning Creek,\1\ Little Lost Lake Creek,\1\ Little Meadow
Creek,\1\ Little North Fork Clearwater River,\1\ \2\ Lost Lake
Creek,\1\ \2\ Lund Creek,\1\ \2\ Marquette Creek,\1\ McKinnon Creek,\1\
Meadows Creek,\1\ Milk Creek,\1\ Minnesaka Creek,\1\ Montana Creek,\1\
Mowitch Creek,\1\ Mulligan Creek,\1\ North Fork Clearwater River,\1\
\2\ Northbound Creek,\1\ Papoose Creek,\1\ Pitchfork Creek,\1\ Rocky
Run,\1\ \2\ Rooney Creek,\1\ Rutledge Creek,\1\ \2\ Salmon Creek,\1\
Sawtooth Creek,\1\ Sheep Mountain Creek,\1\ Sourdough Creek,\1\ Sousie
Creek,\1\ South Fork Beaver Creek,\1\ Spires Creek,\1\ Spotted Louis
Creek,\1\ \2\ Springs Creek,\1\ Stoney Creek,\1\ Thompson Creek,\1\
Thrasher Creek,\1\ Triple Creek,\1\ Twin Creek,\1\ \2\ West Fork Butte
Creek,\1\ West Fork Hodson Creek,\1\ West Fork Meadows Creek,\1\ West
Fork Montana Creek,\1\ West Fork Rooney Creek,\1\ White Creek,\1\
Willow Creek.\1\
(xv) Lower Salmon Basin: Baker Gulch,\1\ Bear Gulch,\1\ Berg
Creek,\1\ Chapman Creek,\1\ Cottonwood Creek,\1\ East Fork John Day
Creek,\1\ Elkhorn Creek,\2\ Fiddle Creek,\2\ French Creek,\1\ \2\ Hagen
Draw,\1\ Hurley Creek,\1\ John Day Creek,\1\ \2\ Kelly Creek,\2\ Klip
Creek,\1\ Lake Creek,\2\ Little Salmon River,\2\ Little Slate Creek,\2\
Little Van Buren Creek,\1\ No Buisiness Creek,\1\ North Creek,\1\ North
Fork Baker Gulch,\1\ North Fork Slate Creek,\1\ \2\ North Fork White
Bird Creek,\2\ Partridge Creek,\2\ Price Creek,\1\ Salmon River,\1\ \2\
Slate Creek,\1\ \2\ Slide Creek,\1\ South Fork Baker Gulch,\1\ South
Fork John Day Creek,\1\ South Fork White Bird Creek,\2\ Trough
Creek,\1\ Warm Springs Creek,\1\ Waterspout Creek,\1\ White Bird
Creek,\1\ Willow Creek.\1\
(xvi) Lower Selway Basin: Anderson Creek,\1\ Bailey Creek,\2\
Barren Creek,\1\ Browns Spring Creek,\2\ Buck Lake
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Creek,\2\ Butte Creek,\1\ Butter Creek,\1\ Cabin Creek,\1\ Cedar
Creek,\1\ \2\ Chain Creek,\1\ \2\ Chute Creek,\1\ Crew Creek,\1\ Dent
Creek,\1\ \2\ Disgrace Creek,\1\ Double Creek,\2\ East Fork Meadow
Creek,\1\ East Fork Moose Creek,\1\ \2\ East Fork Sable Creek,\1\ Elbow
Creek,\2\ Fitting Creek,\1\ Fivemile Creek,\2\ Fourmile Creek,\1\
Freeman Creek,\1\ Gate Creek,\1\ Gedney Creek,\2\ Goddard Creek,\2\
Grotto Creek,\1\ Heath Creek,\1\ Higgins Creek,\1\ Horse Creek,\2\
Indian Hill Creek,\1\ \2\ Isaac Creek,\1\ Lark Creek,\1\ Little Boulder
Creek,\1\ \2\ Little Creek,\1\ Little Schwar Creek,\1\ Lizard Creek,\1\
Lone Creek,\1\ Matteson Creek,\1\ Meadow Creek,\1\ \2\ Monument
Creek,\1\ \2\ Moose Creek,\2\ Moss Creek,\1\ Newsome Creek,\2\ North
Fork Moose Creek,\1\ \2\ Pea Creek,\1\ Porphyry Creek,\1\ Rabbit
Creek,\1\ Rhoda Creek,\1\ \2\ Sable Creek,\1\ Saddle Creek,\1\ Schwar
Creek,\2\ Selway River,\2\ Shake Creek,\1\ Simmons Creek,\1\ Sled
Creek,\1\ Spook Creek,\1\ Spur Creek,\1\ Squirrel Creek,\1\ Tamarack
Creek,\1\ Three Prong Creek,\1\ Twomile Creek,\1\ West Fork Anderson
Creek,\1\ West Fork Gedney Creek,\1\ \2\ West Fork Sable Creek,\1\ West
Fork Three Links Creek,\1\ West Moose Creek,\1\ \2\ Wounded Doe
Creek,\2\ Wye Creek.\1\
(xvii) Lower Snake-Asotin Basin: Big Cougar Creek,\1\ Buffalo
Draw,\1\ Cave Gulch,\1\ China Garden Creek,\1\ Cottonwood Creek,\1\
Crowers Canyon,\1\ First Creek,\1\ Frenchy Creek,\1\ Salmon River,\2\
Snake River,\1\ \2\ Thiessen Canyon.\1\
(xviii) Middle Fork Clearwater Basin: Baldy Creek,\2\ Big Cedar
Creek,\2\ Browns Spring Creek,\1\ \2\ Clear Creek,\1\ \2\ Kay Creek,\1\
Middle Fork Clear Creek,\1\ \2\ Middle Fork Clearwater River,\2\ Pine
Knob Creek,\1\ \2\ Solo Creek,\1\ South Fork Clear Creek,\1\ \2\ South
Fork Clearwater River.\2\
(xix) Middle Fork Payette Basin: Albright Gulch,\1\ Bell Creek,\1\
Boom Creek,\1\ Bridge Creek,\1\ Bryan Creek,\1\ Bull Creek,\1\ \2\ Dash
Creek,\1\ Easley Creek,\1\ Fool Creek,\1\ Goat Creek,\1\ Gooseberry
Creek,\1\ Ground Hog Creek,\1\ Koppes Creek,\1\ Lake Creek,\1\
Lightning Creek,\1\ Little Gooseberry Creek,\1\ Middle Fork Payette
River,\1\ \2\ Oxtail Creek,\1\ \2\ Pine Creek,\1\ Pyle Creek,\1\
Rattlesnake Creek,\1\ Rocky Canyon,\1\ Silver Creek,\2\ Sixteen-to-one
Creek,\1\ Skull Creek,\1\ Smith Creek,\1\ South Fork Payette River,\2\
South Fork West Fork Creek,\1\ Tie Creek,\1\ Trail Creek,\1\ Warm
Springs Creek,\1\ West Fork Creek,\1\ Wet Foot Creek.\1\
(xx) Middle Salmon-Chamberlain Basin: Arlington Creek,\1\ Arrow
Creek,\1\ Bargamin Creek,\1\ \2\ Basin Creek,\1\ Bat Creek,\1\ Bay
Creek,\1\ Bear Creek,\2\ Bemis Creek,\1\ Bend Creek,\1\ Big Elkhorn
Creek,\1\ Big Harrington Creek,\1\ Big Mallard Creek,\1\ \2\ Big Squaw
Creek,\1\ Bleak Creek,\1\ Bronco Creek,\1\ Broomtail Creek,\1\ Brown
Creek,\1\ Bull Creek,\1\ Butts Creek,\1\ Canyon Creek,\1\ Cayuse
Creek,\1\ Center Creek,\1\ Chamberlain Creek,\1\ \2\ Cliff Creek,\1\
Club Creek,\1\ Colt Creek,\1\ Corn Creek,\2\ Cottonwood Creek,\1\
Crooked Creek,\1\ \2\ Deer Creek,\1\ Dennis Creek,\1\ Disappointment
Creek,\1\ Dismal Creek,\1\ Dog Creek,\1\ East Fork Fall Creek,\1\ \2\
East Fork Horse Creek,\1\ East Fork Noble Creek,\1\ East Fork Sheep
Creek,\1\ East Fork Whimstick Creek,\1\ Fall Creek,\1\ \2\ Farrow
Creek,\1\ Filly Creek,\1\ Fish Creek,\1\ Fitz Creek,\1\ Flossie
Creek,\1\ Game Creek,\1\ \2\ Gap Creek,\1\ Ginger Creek,\1\ Green
Creek,\1\ Grouse Creek,\1\ Guard Creek,\2\ Hamilton Creek,\1\ Hartan
Creek,\1\ Horse Creek,\1\ \2\ Hot Springs Creek,\1\ Hotzel Creek,\1\
Houston Creek,\1\ Hungry Creek,\1\ Hurst Creek,\1\ Iodine Creek,\1\
Jack Creek,\1\ Jersey Creek,\2\ Kitchen Creek,\1\ Lake Creek,\1\ \2\
Left Fork Slaughter Creek,\1\ Little Horse Creek,\1\ \2\ Little
Lodgepole Creek,\1\ Little Mallard Creek,\1\ \2\ Lodgepole Creek,\1\
Mayflower Creek,\1\ \2\ McCalla Creek,\1\ \2\ Meadow Creek,\1\ Moose
Creek,\1\ \2\ Moose Jaw Creek,\1\ Mule Creek,\1\ Mustang Creek,\1\ My
Creek,\1\ No Name Creek,\1\ Our Creek,\1\ Owl Creek,\2\ Peak Creek,\1\
Plummer Creek,\1\ Poet Creek,\1\ Pole Creek,\1\ Porcupine Creek,\1\
Power Creek,\1\ Prospector Creek,\1\ Pup Creek,\1\ Queen Creek,\1\
Rainey Creek,\1\ Ranch Creek,\1\ Rattlesnake Creek,\1\ Red Top
Creek,\1\ Reynolds Creek,\1\ Richardson Creek,\1\ Rim Creek,\1\ \2\
Ring Creek,\1\ Rock Creek,\1\ Root Creek,\1\ Runaway Creek,\1\ Sabe
Creek,\1\ Saddle Creek,\1\ Salmon River,\1\ \2\ Salt Creek,\1\
Schissler Creek,\2\ Sheep Creek,\1\ \2\ Short Creek,\1\ Shovel
Creek,\1\ Skull Creek,\1\ Slaughter Creek,\1\ \2\ Slide Creek,\1\ Smith
Creek,\1\ South Fork Cottonwood Creek,\1\ South Fork Chamberlain
Creek,\1\ \2\ South Fork Kitchen Creek,\1\ South Fork Salmon River,\2\
South Fork Whimstick Creek,\1\ Spread Creek,\1\ Spring Creek,\1\
Starvation Creek,\1\ Steamboat Creek,\2\ Steep Creek,\1\ Stud Creek,\1\
Wapiti Creek,\1\ Warren Creek,\1\ \2\ Webfoot Creek,\1\ \2\ West Fork
Butts Creek,\1\ West Fork Chamberlain Creek,\1\ \2\ West Fork
Rattlesnake Creek,\1\ West Fork Whimstick Creek,\1\ West Horse
Creek,\1\ Whimstick Creek,\1\ \2\ Wind River,\2\ Woods Fork Horse
Creek.\1\
(xxi) Middle Salmon-Panther Basin: Allan Creek,\1\ Allen Creek,\1\
Anderson Creek,\1\ Arnett Creek,\1\ \2\ Badger Creek,\1\ Beaver
Creek,\1\ \2\ Big Deer Creek,\2\ Big Jureano Creek,\1\ Big Silverlead
Creek,\1\ Blackbird Creek,\1\ Boulder Creek,\1\ \2\ Cabin Creek,\1\
Camp Creek,\1\ Carmen Creek,\1\ \2\ Chipps Creek,\1\ Clear Creek,\1\
\2\ Cliff Creek,\1\ Colson Creek,\2\ Copper Creek,\1\ Corral Creek,\1\
Cougar Creek,\1\ Cove Creek,\1\ Cow Creek,\2\ Dahlonega Creek,\1\ Daly
Creek,\1\ Deadhorse Creek,\1\ Deep Creek,\1\ \2\ Ditch Creek,\1\ Dump
Creek,\1\ East Boulder Creek,\1\ East Fork Indian Creek,\1\ East Fork
Owl Creek,\1\ East Fork Pierce Creek,\1\ East Fork Spring Creek,\1\
Ebenezer Creek,\1\ Elk Creek,\1\ Elkhorn Creek,\1\ Fawn Creek,\1\
Fourth Of July Creek,\1\ Freeman Creek,\2\ Hammerean Creek,\1\ Homet
Creek,\1\ Hughes Creek,\1\ \2\ Hull Creek,\1\ \2\ Humbug Creek,\1\
Indian Creek,\1\ \2\ Iron Creek,\1\ \2\ Jackass Creek,\1\ Jefferson
Creek,\1\ Jesse Creek,\1\ \2\ Lake Creek,\1\ \2\ Lemhi River,\2\ Lick
Creek,\1\ Little Deep Creek,\1\ \2\ Little Deer Creek,\1\ Little Ditch
Creek,\1\ Little Hat Creek,\2\ Little Moose Creek,\1\ Little Sheep
Creek,\1\ Little Silverlead Creek,\1\ Little Woodtick Creek,\1\ McConn
Creek,\1\ \2\ McKim Creek,\1\ \2\ Middle Fork Salmon River,\2\ Mink
Creek,\1\ Moccasin Creek,\1\ Moose Creek,\1\ \2\ Moyer Creek,\1\ \2\
Musgrove Creek,\1\ \2\ Napias Creek,\1\ \2\ Nez Perce Creek,\1\ North
Fork Hughes Creek,\1\ North Fork Iron Creek,\1\ \2\ North Fork McKim
Creek,\1\ North Fork Salmon River,\1\ \2\ North Fork Williams Creek,\2\
Opal Creek,\1\ Otter Creek,\1\ Owl Creek,\1\ \2\ Panther Creek,\1\ \2\
Park Creek,\2\ Peel Tree Creek,\1\ Phelan Creek,\1\ Pierce Creek,\1\
Pine Creek,\1\ \2\ Pony Creek,\1\ Porphyry Creek,\1\ \2\ Pruvan
Creek,\1\ Quartz Creek,\1\ Rabbit Creek,\1\ Rancherio Creek,\1\ Ransack
Creek,\1\ Rapps Creek,\1\ Salmon River,\1\ \2\ Salt Creek,\1\ Salzer
Creek,\1\ Saw Pit Creek,\1\ Sharkey Creek,\1\ Sheep Creek,\1\ \2\ Slide
Creek,\1\ Smithy Creek,\1\ South Fork Cabin Creek,\1\ South Fork Hull
Creek,\1\ South Fork Iron Creek,\1\ \2\ South Fork Moyer Creek,\1\
South Fork Phelan Creek,\1\ South Fork Sheep Creek,\1\ South Fork
Williams Creek,\2\ Spring Creek,\1\ \2\ Squaw Creek,\1\ \2\ State
Creek,\1\ Swamp Creek,\1\ Thompson Gulch,\1\ Threemile Creek,\1\ Trail
Creek,\1\ \2\ Twelvemile Creek,\1\ \2\ Twin Creek,\1\ \2\ Vine
Creek,\1\ Votler Creek,\1\ Wallace Creek,\1\ Weasel Creek,\1\ West Fork
Anderson Creek,\1\ West Fork Blackbird Creek,\1\ \2\ West Fork Hughes
Creek,\1\ West Fork Hull Creek,\1\ West Fork Indian Creek,\1\ West Fork
Iron Creek,\1\ \2\ West Fork Nez Perce Creek,\1\ West Fork Salmon
River,\1\ West Fork Squaw Creek,\1\ Williams Creek,\2\ Woodtick
Creek.\1\ \2\
(xxii) Moyie Basin: Brass Creek,\1\ Bussard Creek,\1\ Copper
Creek,\1\ Deer Creek,\1\ \2\ Faro Creek,\1\ Keno Creek,\1\ Kreist
Creek,\1\ Line Creek,\1\ McDougal Creek,\1\ Mill Creek,\1\ Moyie
River,\1\ \2\ Placer Creek,\1\ Rutledge Creek,\1\ Skin Creek,\1\ Spruce
Creek,\1\ West Branch Deer Creek.\1\
(xxiii) North and Middle Fork Boise Basin: Abby Creek1 , Arrastra
Creek,\1\ Bald Mountain Creek,\2\ Ballentyne Creek,\1\ \2\ Banner
Creek,\1\ \2\ Bayhouse Creek,\1\ Bear Creek,\1\ \2\ Bear River,\1\ \2\
Big
[[Page 23025]]
Gulch,\1\ Big Silver Creek,\1\ \2\ Billy Creek,\1\ Blackwarrior
Creek,\1\ \2\ Bow Creek,\1\ \2\ Browns Creek,\1\ \2\ Buck Creek,\1\ \2\
Cabin Creek,\1\ Cahhah Creek,\1\ Camp Gulch,\1\ China Fork,\1\ Coma
Creek,\1\ Corbus Creek,\1\ Cow Creek,\1\ Crooked River,\1\ \2\ Cub
Creek,\1\ Decker Creek,\1\ \2\ Dutch Creek,\1\ Dutch Frank Creek,\1\
East Fork Roaring River,\1\ \2\ East Fork Swanholm Creek,\1\ East Fork
Yuba River,\1\ Flint Creek,\1\ Flytrip Creek,\1\ Gotch Creek,\1\ Graham
Creek,\1\ Granite Creek,\1\ Grays Creek,\1\ Greylock Creek,\1\ Grouse
Creek,\1\ \2\ Hot Creek,\1\ Hungarian Creek,\2\ Joe Daley Creek,\1\
Johnson Creek,\1\ \2\ Kid Creek,\1\ King Creek,\1\ La Mayne Creek,\1\
Leggit Creek,\1\ Lightening Creek,\1\ Little Queens River,\1\ \2\
Little Silver Creek,\1\ Louise Creek,\1\ Lynx Creek,\1\ Mattingly
Creek,\1\ McKay Creek,\1\ McLeod Creek,\1\ \2\ McPhearson Creek,\1\
Middle Fork Boise River,\1\ \2\ Middle Fork Corbus Creek,\1\ Middle
Fork Roaring River,\1\ \2\ Mill Creek,\1\ Misfire Creek,\1\ Montezuma
Creek,\1\ North Fork Boise River,\1\ \2\ Phifer Creek,\1\ Pikes
Fork,\1\ \2\ Quartz Gulch,\1\ Queens River,\1\ \2\ Rabbit Creek,\2\
Right Creek,\1\ Roaring River,\1\ \2\ Robin Creek,\1\ Rock Creek,\1\
Rockey Creek,\1\ \2\ Sawmill Creek,\1\ \2\ Scenic Creek,\1\ \2\ Scotch
Creek,\1\ Scott Creek,\1\ Shorip Creek,\1\ Smith Creek,\1\ Snow
Creek,\1\ Snowslide Creek,\1\ South Fork Corbus Creek,\1\ South Fork
Cub Creek,\1\ Spout Creek,\1\ Steamboat Creek,\1\ Steel Creek,\1\
Steppe Creek,\1\ Swanholm Creek,\1\ Timpa Creek,\1\ Trail Creek,\1\ \2\
Trapper Creek,\1\ Tripod Creek,\1\ West Fork Creek,\1\ West Warrior
Creek,\1\ \2\ Willow Creek,\1\ \2\ Yuba River.\1\ \2\
(xxiv) North Fork Payette Basin: Foolhen Creek,\1\ Gold Fork
River,\2\ Lodgepole Creek,\1\ North Fork Gold Fork River,\1\ \2\ North
Fork Payette River,\1\ Pearsol Creek.\1\
(xxv) Pahsimeroi Basin: Anderson Spring,\1\ Baby Creek,\1\ Bear
Creek,\1\ Big Creek,\1\ \2\ Big Gulch,\1\ Burnt Creek,\1\ Burnt Spring
Gulch,\1\ Christian Gulch,\1\ Dead Cat Canyon,\1\ Ditch Creek,\1\
Donkey Creek,\1\ Doublespring Creek,\1\ Dry Canyon,\1\ Dry Gulch,\1\
East Fork Burnt Creek,\1\ East Fork Morgan Creek,\1\ East Fork
Pahsimeroi River,\1\ \2\ East Fork Patterson Creek,\1\ Elkhorn
Creek,\1\ Ennis Gulch,\1\ Falls Creek,\1\ \2\ Goldberg Creek,\1\ \2\
Grouse Creek,\1\ Hillside Creek,\1\ Inyo Creek,\1\ John Short
Springs,\1\ Lawson Creek,\1\ Long Creek,\1\ Mahogany Creek,\1\ \2\
Meadow Creek,\1\ Middle Fork Lawson Creek,\1\ Mill Creek,\1\ Morgan
Creek,\1\ \2\ Morse Creek,\1\ \2\ Mulkey Gulch,\1\ North Fork Big
Creek,\1\ \2\ North Fork Lawson Creek,\1\ North Fork Morgan Creek,\1\
Pahsimeroi River,\1\ \2\ Patterson Creek,\1\ \2\ Rock Creek,\1\ Rock
Spring Canyon,\1\ Salmon River,\1\ \2\ Short Creek,\1\ Snowslide
Creek,\1\ South Fork Big Creek,\1\ \2\ South Fork Lawson Creek,\1\
Spring Gulch,\1\ Squaw Creek,\1\ Stinking Creek,\1\ Sulphur Creek,\1\
Tater Creek,\1\ \2\ West Fork Burnt Creek,\1\ West Fork North Fork Big
Creek,\1\ West Fork Pahsimeroi River.\1\
(xxvi) Payette Basin: Buck Canyon,\1\ Lava Gulch,\1\ Middle Fork
Payette River,\2\ Poison Creek,\1\ Pole Creek,\1\ South Fork Payette
River,\2\ Squaw Creek,\1\ \2\ Third Fork Squaw Creek.\1\ \2\
(xxvii) Pend Oreille Basin: Pend Oreille River,\1\ South Salmo
River,\1\ Branch North Gold Creek,\1\ Cheer Creek,\1\ Chloride
Gulch,\1\ Dry Gulch,\1\ Dyree Creek,\1\ Flume Creek,\1\ Gold Creek,\1\
\2\ Granite Creek,\1\ \2\ Grouse Creek,\1\ \2\ Kick Bush Gulch,\1\
North Fork Clark Fork,\2\ North Fork Grouse Creek,\1\ \2\ North Gold
Creek,\1\ \2\ Pack River,\1\ \2\ Pend Oreille River,\2\ Plank Creek,\1\
Priest River,\2\ Rapid Lightning Creek,\2\ South Fork Grouse Creek,\1\
Strong Creek,\2\ Thor Creek,\1\ Trestle Creek,\1\ \2\ West Branch Pack
River,\1\ West Gold Creek,\1\ \2\ Wylie Creek,\1\ Zuni Creek.\1\
(xxviii) Priest Basin: Abandon Creek,\1\ Athol Creek,\1\ Bath
Creek,\1\ Bear Creek,\1\ Bench Creek,\1\ \2\ Blacktail Creek,\1\ \2\
Bog Creek,\1\ Boulder Creek,\1\ \2\ Bugle Creek,\1\ Canyon Creek,\1\
Caribou Creek,\1\ \2\ Cedar Creek,\1\ \2\ Chicopee Creek,\1\ Deadman
Creek,\1\ East Fork Trapper Creek,\1\ East River,\2\ Fedar Creek,\1\
Floss Creek,\1\ Gold Creek,\2\ Granite Creek,\1\ \2\ Horton Creek,\1\
Hughes Fork,\1\ \2\ Indian Creek,\1\ \2\ Jackson Creek,\1\ \2\ Jost
Creek,\1\ \2\ Kalispell Creek,\1\ \2\ Kent Creek,\1\ Keokee Creek,\1\
Lime Creek,\1\ \2\ Lion Creek,\1\ \2\ Lost Creek,\1\ Lucky Creek,\1\
Malcom Creek,\1\ \2\ Middle Fork East River,\1\ \2\ Muskegon Creek,\2\
North Fork Granite Creek,\1\ North Fork Indian Creek,\1\ \2\ Packer
Creek,\1\ \2\ Priest Lake,\1\ Priest River,\2\ Rock Creek,\1\ Ruby
Creek,\1\ South Fork Granite Creek,\1\ South Fork Indian Creek,\1\
South Fork Lion Creek,\1\ Squaw Creek,\1\ Tango Creek,\1\ Tarlac
Creek,\1\ \2\ The Thorofare,\1\ Trapper Creek,\1\ \2\ Two Mouth
Creek,\1\ \2\ Uleda Creek,\1\ \2\ Upper Priest Lake,\1\ Upper Priest
River,\1\ \2\ Zero Creek.\1\ \2\
(xxix) South Fork Boise Basin: Anderson Ranch Reservoir,\2\ Badger
Creek,\1\ Bear Creek,\1\ Bear Gulch,\1\ Big Smoky Creek,\2\ Big Water
Gulch,\2\ Boardman Creek,\1\ Burnt Log Creek,\1\ Cayuse Creek,\1\
Corral Creek,\1\ Cow Creek,\1\ Edna Creek,\1\ Elk Creek,\1\ Emma
Creek,\1\ \2\ Feather River,\1\ Fern Gulch,\1\ Grape Creek,\1\ Gunsight
Creek,\1\ Haypress Creek,\1\ Heather Creek,\1\ Helen Creek,\1\ Johnson
Creek,\1\ Lincoln Creek,\1\ Little Cayuse Creek,\1\ Little Rattlesnake
Creek,\1\ \2\ Little Skeleton Creek,\1\ Little Smoky Creek,\2\ Loggy
Creek,\1\ Marsh Creek,\1\ Mule Creek,\1\ North Fork Ross Fork,\1\ Pinto
Creek,\1\ Rattlesnake Creek,\1\ \2\ Regina Creek,\1\ Ross Fork,\1\ \2\
Russel Gulch,\1\ Salt Creek,\1\ Shake Creek,\1\ Skeleton Creek,\1\ \2\
Slater Creek,\1\ Smokey Dome Canyon,\1\ South Fork Boise River,\1\ \2\
South Fork Ross Fork,\1\ Stevens Gulch,\1\ Three Forks Creek,\1\ Tipton
Creek,\1\ Vienna Creek,\1\ Virginia Gulch,\1\ Weeks Gulch,\1\ West Fork
Big Smoky Creek,\1\ West Fork Salt Creek,\1\ West Fork Shake Creek,\1\
West Fork Skeleton Creek,\1\ Willow Creek.\1\ \2\
(xxx) South Fork Clearwater Basin: American Creek,\1\ American
River,\1\ \2\ Aubion Creek,\1\ Baker Gulch,\1\ Baldy Creek,\1\ \2\
Baston Creek,\1\ Bear Creek,\2\ Beaver Creek,\2\ Big Canyon Creek,\1\
Big Elk Creek,\1\ \2\ Blanco Creek,\1\ Boundary Creek,\1\ \2\ Box Sing
Creek,\1\ Boyer Creek,\1\ Bridge Creek,\1\ Cartwright Creek,\1\ Cole
Creek,\1\ Crooked River,\1\ \2\ Dawson Creek,\1\ Deer Creek,\1\ Ditch
Creek,\1\ East Fork American River,\1\ \2\ East Fork Crooked River,\1\
\2\ East Fork Trail Creek,\1\ Elk Creek,\1\ \2\ Fivemile Creek,\1\
Flint Creek,\1\ Fourmile Creek,\1\ Fox Creek,\1\ \2\ Frank Brown
Creek,\1\ French Gulch,\1\ Galena Creek,\1\ Gilmore Creek,\1\ Gospel
Creek,\1\ \2\ Hagen Creek,\1\ \2\ Hays Creek,\1\ Johns Creek,\1\ \2\
Jungle Creek,\1\ Kirks Fork American River,\1\ \2\ Leggett Creek,\1\
Lick Creek,\1\ Limber Luke Creek,\1\ Little Elk Creek,\1\ \2\ Little
Moose Creek,\1\ Little Siegel Creek,\1\ Loon Creek,\1\ Mackey Creek,\1\
\2\ Meadow Creek,\2\ Melton Creek,\1\ \2\ Middle Fork Red River,\1\
Mill Creek,\1\ \2\ Monroe Creek,\1\ Moores Creek,\1\ \2\ Moores Lake
Creek,\1\ \2\ Moose Butte Creek,\1\ \2\ Morgan Creek,\1\ \2\ Mule
Creek,\2\ Newsome Creek,\2\ Nuggett Creek,\2\ Open Creek,\1\ Otterson
Creek,\1\ \2\ Pat Brennan Creek,\1\ Pilot Creek,\1\ Quartz Creek,\1\
Queen Creek,\1\ Rabbit Creek,\2\ Rainbow Gulch,\1\ Red River,\1\ \2\
Relief Creek,\1\ \2\ Ryan Creek,\1\ Sally Ann Creek,\2\ Sawmill
Creek,\1\ \2\ Schooner Creek,\1\ Schwartz Creek,\2\ Sharmon Creek,\1\
Shissler Creek,\1\ Siegel Creek,\1\ \2\ Silver Creek,\1\ \2\ Sixmile
Creek,\1\ \2\ Sixtysix Creek,\1\ Snoose Creek,\1\ Soda Creek,\1\
Sourdough Creek,\1\ South Fork Clearwater River,\2\ South Fork Gilmore
Creek,\1\ South Fork Red River,\1\ \2\ Square Mountain Creek,\1\ \2\
Swale Creek,\1\ Swift Creek,\1\ Taylor Creek,\1\ Tenmile Creek,\1\ \2\
Trail Creek,\1\ \2\ Trapper Creek,\1\ \2\ Trout Creek,\1\ Twentymile
Creek,\1\ \2\ Twin Lakes Creek,\1\ \2\ Umatilla Creek,\1\ West Fork
American River,\1\ West Fork Big Elk Creek,\1\ West Fork Crooked
River,\1\ \2\ West Fork Gospel Creek,\1\ \2\ West Fork Newsome
Creek,\2\ West Fork Red River,\1\ West Fork Twentymile Creek,\1\ \2\
Whiskey Creek,\2\ Whitaker Creek,\1\ Williams Creek.\1\ \2\.
(xxxi) South Fork Payette Basin: Archie Creek,\1\ Ash Creek,\1\
Baron Creek,\1\ Basin Creek,\1\ Bear Creek,\1\ Beaver Creek,\1\ \2\
Benedict Creek,\1\ Big Gallagher Creek,\1\ Big Pine Creek,\1\ Big
Spruce Creek,\1\ Birch Creek,\1\ Bitter Creek,\1\ Black Bear Creek,\1\
Blacks Creek,\1\ Blue Jay Creek,\1\ Bunch Creek,\1\ Burn Creek,\1\ Bush
Creek,\1\ Calderwood
[[Page 23026]]
Creek,\1\ Camp Creek,\1\ Canyon Creek,\1\ \2\ Carpenter Creek,\1\
Casner Creek,\1\ Castro Creek,\1\ Cat Creek,\1\ Chapman Creek,\1\
Charters Creek,\1\ Clear Creek,\1\ \2\ Cooley Creek,\1\ Coski Creek,\1\
Cup Creek,\1\ Danskin Creek,\1\ Dead Man Creek,\1\ Deadwood Jim
Creek,\1\ Deadwood Reservoir,\1\ Deadwood River,\1\ \2\ Deer Creek,\1\
\2\ East Fork Big Pine Creek,\1\ East Fork Deadwood Creek,\1\ East Fork
Eightmile Creek,\1\ East Fork Horn Creek,\1\ East Fork Warm Springs
Creek,\1\ \2\ Eby Creek,\1\ Eightmile Creek,\1\ Elkhorn Creek,\1\ Emma
Creek,\1\ Fall Creek,\1\ Fence Creek,\1\ Fern Creek,\1\ Fine Flat
Creek,\1\ Fivemile Creek,\1\ Fox Creek,\1\ Garney Creek,\1\ Gates
Creek,\1\ Goat Creek,\1\ \2\ Grandjem Creek,\1\ Grayback Creek,\1\
Grouse Creek,\1\ Habit Creek,\1\ Hanks Creek,\1\ Helende Creek,\1\ Hiyu
Creek,\1\ Hole in the Wall,\1\ Horn Creek,\1\ Horse Creek,\1\ Horseshoe
Creek,\1\ Huckleberry Creek,\1\ Jackson Creek,\1\ Josie Creek,\1\ Julie
Creek,\1\ Kettle Creek,\1\ Kirkham Creek,\1\ Lake Creek,\1\ Left Fork
Danskin Creek,\1\ Lick Creek,\1\ Little Camp Creek,\1\ Little Fall
Creek,\1\ Little Hole in the Wall Creek,\1\ Little Sams Creek,\1\
Little Tenmile Creek,\1\ Logging Gulch,\1\ Long Creek,\1\ Long
Gulch,\1\ Lorenzo Creek,\1\ MacDonald Creek,\1\ Meadow Camp Creek,\1\
Meadow Creek,\1\ Middle Fork Big Pine Creek,\1\ Middle Fork Warm
Springs Creek,\1\ \2\ Miller Creek,\1\ Monument Creek,\1\ Moulding
Creek,\1\ Nellies Bash Creek,\1\ Nelson Creek,\1\ Ninemile Creek,\1\ No
Man Creek,\1\ No Name Creek,\1\ North Fork Baron Creek,\1\ North Fork
Canyon Creek,\1\ North Fork Deer Creek,\1\ \2\ North Fork Whitehawk
Creek,\1\ O'Keefe Creek,\1\ Packsaddle Creek,\1\ \2\ Park Creek,\1\
Pass Creek,\1\ Pinchot Creek,\1\ Pine Creek,\1\ Pitchfork Creek,\1\
Pole Creek,\1\ Poorman Creek,\1\ Pungo Creek,\1\ Rae Creek,\1\
Reservoir Creek,\1\ Richards Creek,\1\ Road Fork Rock Creek,\1\ Rock
Creek,\1\ Rough Creek,\1\ Sams Creek,\1\ Scott Creek,\1\ \2\ Silver
Creek,\1\ Sixmile Creek,\1\ Slaughterhouse Creek,\1\ Slide Gulch,\1\
Slim Creek,\1\ Smith Creek,\1\ \2\ Smokey Creek,\1\ South Fork Beaver
Creek,\1\ \2\ South Fork Canyon Creek,\1\ South Fork Clear Creek,\1\
South Fork Payette River,\1\ \2\ South Fork Scott Creek,\1\ South Fork
Warm Spring Creek,\1\ Spring Creek,\1\ Steep Creek,\1\ Stevens
Creek,\1\ Stratton Creek,\1\ Sweet Creek,\1\ Tenlake Creek,\1\ Tenmile
Creek,\1\ Topnotch Creek,\1\ Trail Creek,\1\ \2\ Wapiti Creek,\1\ Warm
Spring Creek,\1\ Warm Springs Creek,\1\ \2\ Wash Creek,\1\ West Fork
Big Pine Creek,\1\ West Fork Horn Creek,\1\ Whangdoodle Creek,\1\
Whiskey Creek,\1\ Whitehawk Creek,\1\ Wild Buck Creek,\1\ \2\ Wills
Gulch,\1\ Wilson Creek,\1\ Wolf Creek.\1\
(xxxii) South Fork Salmon Basin: Alez Creek,\1\ Back Creek,\1\ Bear
Creek,\1\ \2\ Bishop Creek,\1\ Blackmare Creek,\1\ \2\ Blue Lake
Creek,\1\ Buck Creek,\1\ Buckhorn Bar Creek,\1\ Buckhorn Creek,\1\ \2\
Burgdorf Creek,\1\ Burntlog Creek,\1\ \2\ Cabin Creek,\1\ \2\ Calf
Creek,\1\ Camp Creek,\1\ \2\ Cane Creek,\1\ Caton Creek,\2\ Cinnabar
Creek,\1\ Cliff Creek,\1\ Cly Creek,\1\ Cougar Creek,\1\ \2\ Cow
Creek,\1\ Cox Creek,\1\ Curtis Creek,\2\ Deep Creek,\1\ Dollar
Creek,\1\ \2\ Dutch Creek,\1\ East Fork South Fork Salmon River,\1\ \2\
East Fork Zena Creek,\1\ Elk Creek,\1\ \2\ Enos Creek,\1\ Falls
Creek,\1\ Fernan Creek,\1\ Fiddle Creek,\1\ Fitsum Creek,\1\ \2\ Flat
Creek,\1\ Fourmile Creek,\1\ \2\ Goat Creek,\1\ Grimmet Creek,\1\
Grouse Creek,\1\ \2\ Halfway Creek,\1\ Hanson Creek,\1\ Hays Creek,\1\
Holdover Creek,\1\ Hum Creek,\1\ \2\ Indian Creek,\1\ Jeanette
Creek,\1\ Johnson Creek,\1\ \2\ Josephine Creek,\1\ Jungle Creek,\1\
Knee Creek,\1\ Krassel Creek,\1\ Lake Creek,\1\ \2\ Landmark Creek,\1\
Lick Creek,\1\ \2\ Little Buckhorn Creek,\1\ \2\ Little Indian
Creek,\1\ Lodgepole Creek,\1\ \2\ Loon Creek,\1\ \2\ Maverick Creek,\1\
Meadow Creek,\1\ \2\ Middle Fork Elk Creek,\1\ Missouri Creek,\1\ \2\
Moose Creek,\1\ Mormon Creek,\1\ \2\ Nasty Creek,\1\ Nethker Creek,\1\
Nick Creek,\1\ No Mans Creek,\1\ North Fork Bear Creek,\1\ North Fork
Buckhorn Creek,\1\ North Fork Camp Creek,\1\ North Fork Dollar
Creek,\1\ North Fork Fitsum Creek,\2\ North Fork Lake Fork,\1\ North
Fork Lick Creek,\1\ North Fork Riordan Creek,\1\ North Fork Six-bit
Creek,\1\ Oompaul Creek,\1\ Paradise Creek,\1\ Park Creek,\1\ Peanut
Creek,\1\ Pepper Creek,\1\ Phoebe Creek,\1\ Piah Creek,\1\ Pid
Creek,\1\ Pilot Creek,\1\ Pony Creek,\2\ Porcupine Creek,\1\ Porphyry
Creek,\2\ Prince Creek,\1\ Profile Creek,\1\ \2\ Quartz Creek,\1\ \2\
Reeves Creek,\1\ \2\ Rice Creek,\1\ \2\ Riordan Creek,\1\ \2\ Roaring
Creek,\1\ Ruby Creek,\1\ Rustican Creek,\1\ Ryan Creek,\1\ Salt
Creek,\1\ \2\ Sand Creek,\1\ \2\ Secesh River,\1\ \2\ Sheep Creek,\1\
\2\ Silver Creek,\1\ Sister Creek,\1\ Six-Bit Creek,\1\ \2\ South Fork
Bear Creek,\1\ South Fork Blackmare Creek,\1\ \2\ South Fork Buckhorn
Creek,\1\ \2\ South Fork Cougar Creek,\1\ South Fork Elk Creek,\1\
South Fork Fitsum Creek,\1\ South Fork Fourmile Creek,\1\ South Fork
Salmon River,\1\ \2\ South Fork Threemile Creek,\1\ Split Creek,\1\ \2\
Steep Creek,\1\ Sugar Creek,\1\ \2\ Summit Creek,\1\ \2\ Tamarack
Creek,\1\ \2\ Teepee Creek,\1\ Threemile Creek,\1\ Trail Creek,\2\
Trapper Creek,\1\ \2\ Trout Creek,\1\ Tsum Creek,\1\ Two-bit Creek,\1\
Tyndall Creek,\1\ \2\ Vein Creek,\1\ Victor Creek,\1\ \2\ Wardenhoff
Creek,\1\ Warm Lake,\1\ \2\ Warm Lake Creek,\1\ \2\ Warm Spring
Creek,\1\ West Fork Buckhorn Creek,\1\ West Fork Elk Creek,\1\ \2\ West
Fork Enos Creek,\1\ West Fork Zena Creek,\1\ Whangdoodle Creek,\1\
Willow Basket Creek,\1\ \2\ Willow Creek,\1\ Zena Creek.\1\ \2\
(xxxiii) St. Joe Basin: Bacon Creek,\1\ Bad Bear Creek,\1\ Basin
Creek,\1\ Bean Creek,1 2 Bear Creek,\1\ Beaver Creek,1 2
Bedrock Creek,\1\ Benewah Creek,\1\ Berge Creek,\1\ Big Dick Creek,\1\
Bird Creek,\2\ Blue Grouse Creek,\1\ Boulder Creek,\2\ Broadaxe
Creek,\1\ Bruin Creek,1 2 Burnt Fork,\1\ California Creek,1 2
Cherry Creek,\2\ Clear Creek,\2\ Color Creek,\1\ Coon Creek,\1\ Copper
Creek,\1\ Daveggio Creek,\1\ Davis Creek,\1\ Dolly Creek,\1\ Dump
Creek,\1\ Eagle Creek,1 2 East Fork Bluff Creek,\2\ East Fork
Emerald Creek,\1\ East Fork Gold Creek,1 2 East Fork Mica
Creek,\1\ Emerald Creek,1 2 Engstrom Creek,\1\ Fishhook Creek,\2\
Flat Creek,\1\ Float Creek,\1\ Fly Creek,1 2 Fortynine Gulch,\1\
Fuzzy Creek,\1\ Gold Creek,1 2 Grouse Creek,\1\ Hammond Creek,\1\
Heller Creek,\1\ Indian Creek,\1\ Kelley Creek,\1\ Kyle Creek,\1\ Long
Liz Creek,\1\ Malin Creek,\1\ Marble Creek,1 2 Medicine
Creek,1 2 Mica Creek,1 2 Mill Creek,\1\ Mosquito Creek,1
2 My Creek,\1\ North Fork Bean Creek,\1\ North Fork Eagle Creek,\1\
North Fork Saint Joe River,1 2 North Fork Simmons Creek,\1\ North
Fork Tyson Creek,\1\ Nugget Creek,\1\ Packsaddle Creek,\1\ Pass
Creek,\1\ Periwinkle Creek,\1\ Plummer Creek,\1\ Pokey Creek,\1\ Pole
Creek,\1\ Prospector Creek,1 2 Quartz Creek,\2\ Red Cross
Creek,\1\ Red Ives Creek,1 2 Renfro Creek,\1\ Ruby Creek,1 2
Saint Joe River,1 2 Saint Maries River,1 2 Setzer Creek,\1\
Sheep Creek,\1\ Sherlock Creek,1 2 Simmons Creek,1 2 Siwash
Creek,1 2 Skookum Creek,1 2 Soldier Creek,\1\ Squaw Creek,\1\
Thomas Creek,\2\ Thorn Creek,\2\ Three Lakes Creek,\1\ Timber
Creek,1 2 Tinear Creek,\1\ Trout Creek,1 2 Tumbledown
Creek,1 2 Tyson Creek,\1\ Wahoo Creek,\1\ Washout Creek,\1\ West
Fork Emerald Creek,\1\ West Fork Mica Creek,\1\ Willow Creek,\1\ Wilson
Creek,1 2 Yankee Bar Creek,\1\.
(xxxiv) Upper Coeur D'Alene Basin: Big Hank Creek,\1\ Brett
Creek,\1\ Brown Creek,\2\ Cinnamon Creek,\1\ Coeur d'Alene River,1
2 Debbs Creek,\1\ Dry Creek,\1\ Fall Creek,\1\ Falls Creek,1 2
Gold Creek,\1\ Graham Creek,\2\ Haystack Creek,\1\ Hazendorf Gulch,\1\
Lightner Draw,\1\ McPhee Gulch,\1\ Miners Creek,\1\ North Fork Falls
Creek,\1\ Prado Creek,\1\ Shoshone Creek,\1\ South Fork Falls Creek,\1\
Spion Kop Creek,\1\ Thomas Creek,\1\ Valitons Creek,\1\.
(xxxv) Upper Kootenai Basin: Halverson Creek,\1\ North Callahan
Creek,1 2 South Callahan Creek,1 2 West Fork Keeler
Creek,\1\.
(xxxvi) Upper Middle Fork Salmon Basin: Asher Creek,\1\ Automatic
Creek,\1\ Ayers Creek,\1\ Baldwin Creek,\1\ Banner Creek,\1\ Bear
Creek,\1\ Bear Valley Creek,\1\ \2\ Bearskin Creek,\1\ \2\ Beaver
[[Page 23027]]
Creek,\1\ \2\ Bernard Creek,\1\ Big Chief Creek,\1\ Big Cottonwood
Creek,\1\ Birch Creek,\1\ Blue Lake Creek,\1\ Blue Moon Creek,\1\
Boundary Creek,\1\ \2\ Bridge Creek,\1\ Browning Creek,\1\ Buck
Creek,\1\ Burn Creek,\1\ Cabin Creek,\1\ Cache Creek,\1\ \2\ Camp
Creek,\1\ Canyon Creek,\1\ Cap Creek,\1\ Cape Horn Creek,\1\ \2\ Casner
Creek,\1\ Castle Fork,\1\ Casto Creek,\1\ Cat Creek,\1\ Chokebore
Creek,\1\ Chuck Creek,\1\ Cliff Creek,\1\ Cold Creek,\1\ \2\ Collie
Creek,\1\ Colt Creek,\1\ Cook Creek,\1\ Corley Creek,\1\ Cornish
Creek,\1\ Cottonwood Creek,\1\ Cougar Creek,\1\ Crystal Creek,\1\ Cub
Creek,\1\ \2\ Cultus Creek,\1\ Dagger Creek,\1\ \2\ Deer Creek,\1\ Deer
Horn Creek,\1\ Doe Creek,\1\ Dry Creek,\1\ Duffield Creek,\1\ Dynamite
Creek,\1\ Eagle Creek,\1\ East Fork Elk Creek,\1\ \2\ East Fork Indian
Creek,\1\ East Fork Mayfield Creek,\1\ \2\ East Fork Thomas Creek,\1\
Elk Creek,\1\ \2\ Elkhorn Creek,\1\ Endoah Creek,\1\ Fall Creek,\1\
Fawn Creek,\1\ Feltham Creek,\1\ Fir Creek,\1\ \2\ Flat Creek,\1\ Float
Creek,\1\ Foresight Creek,\1\ Forty-five Creek,\1\ Forty-four Creek,\1\
Fox Creek,\1\ Full Moon Creek,\1\ \2\ Fuse Creek,\1\ Grays Creek,\1\
Grenade Creek,\1\ Grouse Creek,\1\ Gun Creek,\1\ Half Moon Creek,\1\
Hogback Creek,\1\ Honeymoon Creek,\1\ \2\ Hot Creek,\1\ Ibex Creek,\1\
Indian Creek,\1\ \2\ Jose Creek,\1\ Kelly Creek,\1\ Kerr Creek,\1\
Knapp Creek,\1\ \2\ Kwiskwis Creek,\1\ Lime Creek,\1\ Lincoln Creek,\1\
Little Beaver Creek,\1\ \2\ Little Cottonwood Creek,\1\ Little East
Fork Elk Creek,\1\ \2\ Little Indian Creek,\1\ Little Loon Creek,\1\
Little Pistol Creek,\1\ \2\ Lola Creek,\1\ Loon Creek,\1\ \2\ Lucinda
Creek,\1\ Lucky Creek,\1\ Luger Creek,\1\ Mace Creek,\1\ Mack Creek,\1\
Marble Creek,\1\ \2\ Marlin Creek,\1\ Marsh Creek,\1\ \2\ Mayfield
Creek,\1\ \2\ McHoney Creek,\1\ McKee Creek,\1\ Merino Creek,\1\ Middle
Fork Elkhorn Creek,\1\ Middle Fork Indian Creek,\1\ Middle Fork Salmon
River,\1\ \2\ Mine Creek,\1\ Mink Creek,\1\ Moonshine Creek,\1\ Mowitch
Creek,\1\ Muskeg Creek,\1\ Mystery Creek,\1\ Nelson Creek,\1\ New
Creek,\1\ No Name Creek,\1\ North Fork Elk Creek,\1\ \2\ North Fork
Elkhorn Creek,\1\ North Fork Sheep Creek,\1\ North Fork Sulphur
Creek,\1\ \2\ Papoose Creek,\1\ Parker Creek,\1\ Patrol Creek,\1\
Phillips Creek,\1\ Pierson Creek,\1\ Pinyon Creek,\1\ Pioneer Creek,\1\
\2\ Pistol Creek,\1\ \2\ Placer Creek,\1\ Poker Creek,\1\ Pole
Creek,\1\ \2\ Popgun Creek,\1\ Porter Creek,\1\ \2\ Prospect Creek,\1\
Rabbit Creek,\1\ Rams Horn Creek,\1\ Range Creek,\1\ Rapid River,\1\
\2\ Rat Creek,\1\ Remington Creek,\1\ Rock Creek,\1\ Rush Creek,\1\
Sack Creek,\1\ \2\ Safety Creek,\1\ Salt Creek,\1\ Savage Creek,\1\
Scratch Creek,\1\ Seafoam Creek,\1\ Shady Creek,\1\ Shake Creek,\1\
Sheep Creek,\1\ Sheep Trail Creek,\1\ \2\ Shell Creek,\1\ Shrapnel
Creek,\1\ Siah Creek,\1\ Silver Creek,\1\ Slide Creek,\1\ Snowshoe
Creek,\1\ Soldier Creek,\1\ South Fork Cottonwood Creek,\1\ South Fork
Sheep Creek,\1\ Spike Creek,\1\ Springfield Creek,\1\ Squaw Creek,\1\
Sulphur Creek,\1\ \2\ Sunnyside Creek,\1\ Swamp Creek,\1\ Tennessee
Creek,\1\ Thatcher Creek,\1\ Thicket Creek,\1\ Thirty-two Creek,\1\
Thomas Creek,\1\ Tomahawk Creek,\1\ Trail Creek,\1\ Trapper Creek,\1\
Trigger Creek,\1\ Twenty-two Creek,\1\ Vader Creek,\1\ Vanity Creek,\1\
Velvet Creek,\1\ Walker Creek,\1\ Wampum Creek,\1\ Warm Spring
Creek,\1\ \2\ West Fork Elk Creek,\1\ \2\ West Fork Little Loon
Creek,\1\ West Fork Mayfield Creek,\1\ West Fork Thomas Creek,\1\ White
Creek,\1\ Wickiup Creek,\1\ Winchester Creek,\1\ Winnemucca Creek,\1\
Wyoming Creek,\1\ \2\.
(xxxvii) Upper North Fork Basin: Adams Creek,\1\ Avalanche
Creek,\1\ Bacon Creek,\1\ Ball Creek,\1\ Bar Creek,\1\ Barn Creek,\1\
Barnard Creek,1 2 Barren Creek,\1\ Bates Creek,\1\ Bear
Creek,1 2 Beaver Dam Creek,\1\ Bedrock Creek,\1\ Bennett Creek,\1\
Bill Creek,\1\ Birch Creek,\1\ Bostonian Creek,\1\ Boundary Creek,\1\
Bradbury Creek,\1\ Burn Creek,\1\ Burst Creek,\1\ Bush Creek,\1\ Butter
Creek,\1\ Cabin Creek,\1\ Camp George Creek,\1\ Canyon Creek,\1\ Cave
Creek,\1\ Cayuse Creek,1 2 Chamberlain Creek,\1\ Chateau Creek,\1\
Clayton Creek,\1\ Cliff Creek,\1\ Coffee Creek,\1\ Cold Springs
Creek,1 2 Collins Creek,1 2 Colt Creek,\1\ Cool Creek,\1\
Copper Creek,\1\ Corral Creek,\1\ Cougar Creek,\1\ Craig Creek,\1\
Crater Creek,\1\ Cub Creek,1 2 Davis Creek,\2\ Dead Mule Creek,\1\
Deadhorse Creek,\1\ Deadwood Creek,1 2 Death Creek,\1\ Deception
Gulch,\1\ Deer Creek,\1\ Dill Creek,\1\ Doris Creek,\1\ Drift Creek,\1\
Eagle Creek,\1\ Elizabeth Creek,1 2 Fall Creek,\1\ Fawn Creek,\1\
Field Creek,\1\ Fire Creek,\1\ Fisher Creek,\1\ Fix Creek,\1\ Flame
Creek,\1\ Flat Creek,\1\ Fly Creek,\1\ Fourth of July Creek,1 2
Fro Creek,\1\ Frog Creek,1 2 Frost Creek,\1\ Gilfillian Creek,\1\
Goose Creek,1 2 Grass Creek,\1\ Grasshopper Creek,\1\ Gravey
Creek,1 2 Grizzly Creek,\1\ Hanson Creek,\1\ Heather Creek,\1\
Hemlock Creek,\1\ Henry Creek,\1\ Hidden Creek,1 2 Howard
Creek,1 2 Independence Creek,1 2 Jackknife Creek,\1\ Jam
Creek,\1\ Japanese Creek,\1\ Johnagan Creek,1 2 Johnny Creek,\2\
Junction Creek,\1\ Kelly Creek,1 2 Kid Lake Creek,1 2 Kinney
Creek,\1\ Kodiak Creek,1 2 Lake Creek,1 2 Larch Creek,\1\
Larson Creek,\1\ Laundry Creek,\2\ Lightning Creek,1 2 Little
Moose Creek,\2\ Little Washington Creek,\1\ Little Weitas Creek,1
2 Liz Creek,1 2 Lodge Creek,\1\ Long Creek,1 2 Lookout
Creek,\1\ Lost Pete Creek,\1\ Lower Twin Creek,\1\ Marten Creek,\2\
Meadow Creek,1 2 Middle Creek,1 2 Middle North Fork Kelly
Creek,1 2 Middleton Creek,\1\ Mill Creek,\1\ Mink Creek,\1\ Mire
Creek,\2\ Monroe Creek,1 2 Moose Creek,1 2 Morgans Gulch,\1\
Negro Creek,\1\ Nettle Creek,\1\ Never Creek,\1\ Niagra Gulch,\1\ North
Fork Clearwater River,1 2 Nub Creek,\1\ Osier Creek,\2\ Otter
Creek,\1\ Owl Creek,\1\ Pack Creek,\1\ Perry Creek,\1\ Pete Ott
Creek,1 2 Placer Creek,\1\ Polar Creek,1 2 Pony Creek,\1\
Post Creek,\1\ Potato Creek,\1\ Quartz Creek,1 2 Rapid Creek,\1\
Raspberry Creek,\1\ Rawhide Creek,1 2 Rettig Creek,\1\ Roaring
Creek,\1\ Rock Creek,1 2 Rock Garden Creek,\1\ Rocky Ridge
Creek,\1\ Ruby Creek,1 2 Saddle Creek,\1\ Salix Creek,\1\ Sand
Creek,\1\ Scofield Creek,\1\ Scurry Creek,\1\ Seat Creek,\1\ Sheep
Creek,\1\ Short Creek,1 2 Shot Creek,\1\ Siam Creek,\1\ Silver
Creek,1 2 Skull Creek,1 2 Slick Creek,\1\ Slide Creek,\1\
Smith Creek,1 2 Sneak Creek,\1\ Snow Creek,\1\ South Fork Kelly
Creek,1 2 Sprague Creek,\1\ Spruce Creek,\1\ Spud Creek,\1\ Spy
Creek,\1\ Squaw Creek,\1\ Stolen Creek,1 2 Stove Creek,\1\ Sugar
Creek,\2\ Swamp Creek,\2\ Swanson Creek,\1\ Tepee Creek,\1\ Tinear
Creek,\1\ Tinkle Creek,\1\ Toboggan Creek,1 2 Trail Creek,\1\ Trap
Creek,\1\ Tumble Creek,\1\ Upper Twin Creek,\1\ Vanderbilt Gulch,1
2 Wall Creek,\1\ Washington Creek,\1\ Weasel Creek,\1\ Weitas
Creek,1 2 Williams Creek,1 2 Windy Creek,1 2 Wolf
Creek,\1\ Yokum Creek,\1\ Young Creek.\1\
(xxxviii) Upper Salmon Basin: Alder Creek,\1\ Alpine Creek,1 2
Alta Creek,\1\ Alturas Lake,1 2 Alturas Lake Creek,1 2
Anderson Creek,\1\ Aspen Creek,\1\ Basin Creek,1 2 Bayhorse
Creek,\1\ Bear Creek,\1\ Bear Lake Creek,\1\ Beaver Creek,1 2 Big
Boulder Creek,1 2 Block Creek,\1\ Blowfly Creek,\1\ Blue Creek,\1\
Boundary Creek,\1\ Bowery Creek,1 2 Broken Ridge Creek,\1\ Bruno
Creek,\1\ Buckskin Creek,\1\ Cabin Creek,\1\ Camp Creek,\1\ Cash
Creek,\1\ Challis Creek,1 2 Chamberlain Creek,\1\ Champion
Creek,\1\ Cherry Creek,\1\ Cinnabar Creek,\1\ Cleveland Creek,\1\ Coal
Creek,\1\ Crooked Creek,\1\ Darling Creek,\2\ Deadwood Creek,\1\ Decker
Creek,\1\ Deer Creek,\1\ Dry Creek,\1\ Duffy Creek,\1\ East Basin
Creek,\1\ East Fork Herd Creek,\1\ East Fork Salmon River,1 2 East
Fork Valley Creek,\1\ East Pass Creek,1 2 Eddy Creek,\1\ Eightmile
Creek,\1\ Elevenmile Creek,\1\ Elk Creek,\1\ Ellis Creek,1 2 Estes
Creek,\1\ First Creek,\1\ Fisher Creek,\1\ Fishhook Creek,1 2
Fivemile Creek,\1\ Fourth of July Creek,1 2 Frenchman Creek,1
2 Garden Creek,\2\ Germania Creek,1 2 Goat Creek,1 2 Gold
Creek,\1\ Gooseberry Creek,\1\ Greylock Creek,\1\ Hay Creek,\1\ Hell
Roaring Creek,\1\ Herd Creek,1 2 Huckleberry Creek,1 2 Ibex
Creek,\1\ Iron Creek,1 2 Job Creek,\1\ Jordan Creek,1 2
Juliette Creek,\1\ Kelly Creek,\1\ Kinnikinic Creek,\1\ Lick Creek,\1\
Lightning Creek,\1\ Little Basin Creek,\1\ Little Beaver Creek,\1\
Little Boulder
[[Page 23028]]
Creek,1 2 Little West Fork Morgan Creek,\1\ Lodgepole Creek,\1\
Lone Pine Creek,\1\ Long Tom Creek,\1\ Lost Creek,\1\ MacRae Creek,\1\
Martin Creek,\1\ McKay Creek,1 2 Meadow Creek,\1\ Meridian
Creek,\1\ Mill Creek,\1\ Morgan Creek,1 2 Muley Creek,\1\ Ninemile
Creek,\1\ Noho Creek,\1\ North Fork Bowery Creek,\1\ Pack Creek,\1\
Park Creek,\1\ Pat Hughes Creek,\1\ Pats Creek,\1\ Perkins Lake,1
2 Pig Creek,\1\ Pole Creek,1 2 Pork Creek,\1\ Prospect Creek,\1\
Rainbow Creek,\1\ Redfish Lake,1 2 Redfish Lake Creek,1 2
Road Creek,\2\ Roaring Creek,\1\ Rough Creek,\1\ Sage Creek,\1\
Sagebrush Creek,\1\ Salmon River,1 2 Sawmill Creek,\1\ Second
Creek,\1\ Sevenmile Creek,\1\ Sheep Creek,\1\ Short Creek,\1\ Sixmile
Creek,\1\ Slate Creek,\2\ Smiley Creek,\1\ South Fork East Fork Salmon
River,1 2 Squaw Creek,1 2 Stanley Creek,\1\ Stephens
Creek,\1\ Summit Creek,\1\ Sunday Creek,\1\ Swimm Creek,\1\ Taylor
Creek,\1\ Tenmile Creek,\1\ Tennel Creek,\1\ Thompson Creek,1 2
Three Cabins Creek,\1\ Trail Creek,\1\ Trap Creek,\1\ Trealor Creek,\1\
Twelvemile Creek,\1\ Twin Creek,\1\ Valley Creek,1 2 Van Horn
Creek,\1\ Vat Creek,\1\ Warm Spring Creek,\1\ Warm Springs Creek,1
2 Washington Creek,\1\ West Beaver Creek,\1\ West Fork Creek,\1\ West
Fork East Fork Salmon River,1 2 West Fork Herd Creek,1 2 West
Fork Morgan Creek,1 2 West Fork Yankee Fork,1 2 West Pass
Creek,1 2 White Valley Creek,\1\ Wickiup Creek,\1\ Williams
Creek,\1\ Willow Creek,\1\ Yankee Fork,1 2.
(xxxix) Upper Selway Basin: Bad Luck Creek,\1\ Baldy Creek,\1\
Barefoot Creek,\1\ Basin Creek,\1\ Bear Creek,\1\ \2\ Big Creek,\1\
Boxcar Creek,\1\ Brave Creek,\1\ Burn Creek,\1\ Burnt Knob Creek,\1\
Cactus Creek,\1\ Camp Creek,\1\ Canyon Creek,\1\ \2\ Cayuse Creek,\1\
Cedar Creek,\1\ Cliff Creek,\1\ Comb Creek,\1\ Cooper Creek,\1\ Crooked
Creek,\1\ Cub Creek,\2\ Deep Creek,\1\ \2\ Ditch Creek,\1\ Eagle
Creek,\2\ East Fork Magruder Creek,\1\ Eben Creek,\1\ Echo Creek,\1\
Elk Creek,\1\ \2\ Fall Creek,\1\ Fire Creek,\1\ Flat Creek,\1\ Fox
Creek,\1\ French Creek,\1\ Fritz Creek,\1\ Gabe Creek,\1\ Gardner
Creek,\1\ Goat Creek,\1\ \2\ Gold Pan Creek,\1\ Granite Creek,\1\ \2\
Grass Gulch,\1\ Halfway Creek,\1\ Haystack Creek,\1\ Hells Half Acre
Creek,\1\ Indian Creek,\1\ \2\ Kim Creek,\1\ Lake Creek,\1\ Langdon
Gulch,\1\ Lazy Creek,\1\ Line Creek,\1\ Little Clearwater River,\1\ \2\
Little Creek,\1\ Lodge Creek,\1\ Lonely Creek,\1\ Lonesome Creek,\1\
Long Prairie Creek,\1\ Lookout Creek,\1\ Lunch Creek,\1\ MacGregor
Creek,\1\ Magruder Creek,\1\ Mist Creek,\1\ Nick Creek,\1\ North Fork
Goat Creek,\1\ North Star Creek,\1\ Paloma Creek,\1\ Paradise Creek,\1\
\2\ Peach Creek,\1\ Pete Creek,\1\ Pettibone Creek,\1\ \2\ Raven
Creek,\1\ Running Creek,\2\ Saddle Gulch,\1\ Salamander Creek,\1\
Schofield Creek,\1\ Scimitar Creek,\1\ Selway River,\1\ \2\ Short
Creek,\1\ Slow Gulch Creek,\1\ Snake Creek,\1\ South Fork Goat
Creek,\1\ South Fork Lookout Creek,\1\ South Fork Running Creek,\2\
South Fork Saddle Gulch,\1\ South Fork Surprise Creek,\1\ Spire
Creek,\1\ Spruce Creek,\1\ \2\ Squaw Creek,\2\ Steep Gulch,\1\ Storm
Creek,\1\ Stripe Creek,\1\ Surprise Creek,\1\ Swet Creek,\1\ Tepee
Creek,\1\ Test Creek,\1\ Thirteen Creek,\1\ Three Lakes Creek,\1\
Throng Creek,\1\ Triple Creek,\1\ Vance Creek,\1\ Wahoo Creek,\1\ \2\
Wapiti Creek,\1\ Washout Creek,\1\ West Fork Crooked Creek,\1\ White
Cap Creek,\1\ \2\ Wilkerson Creek,\1\ Witter Creek,\1\ Wynn Creek.\1\
(xxxx) Weiser Basin: Anderson Creek,\1\ \2\ Boulder Creek,\1\ Bull
Corral Creek,\1\ Cabin Creek,\1\ Cold Spring Creek,\1\ Dewey Creek,\1\
\2\ East Fork Weiser River,\1\ \2\ Fall Creek,\1\ Little Fall Creek,\1\
Little Weiser River,\1\ \2\ Mica Creek,\1\ Middle Fork Weiser River,\1\
Sheep Creek,\1\ Warm Spring Creek,\1\ Wolf Creek.\1\
(d) Temperature Criteria for Kootenai River White Sturgeon.
(1) The following seasonal temperature requirements and maximum and
minimum weekly average temperature criteria apply to that part of
PB20K, Kootenai River, from Bonners Ferry to Deep Creek; That part of
PB 30K, Kootenai River, from Deep Creek to downstream end of Shorty's
Island:
------------------------------------------------------------------------
Minimum
weekly Maximum weekly
Date average average
temperature ( temperature (
deg.C) deg.C)
------------------------------------------------------------------------
By May 21............................... 8 ..............
up through 8 weeks post-achievement of 8
deg.C temperature..................... .............. 14
9 through 10 weeks post-achievement of 8
deg.C temperature..................... .............. 16
------------------------------------------------------------------------
(e) Temperature Criteria for Snails. (1) The waterbody segments
identified in paragraph (e)(2) of this section shall not exceed a
maximum daily average of 18 degrees C.
(2) USB 50--Snake River--American Falls Dam to Minidoka Dam;
USB60A--Snake River--Minidoka Dam to Heyburn/Burley Bridge; USB 70--
Snake River--Milner Dam to Buhl; USB 80--Snake River--Buhl to King
Hill; that part of SWB 10--Snake River--from King Hill to the
headwaters of C.J Strike Reservoir at rivermile 518.
(f) Mixing Zones. Water quality within a mixing zone is subject to
the narrative surface water quality criteria contained in Idaho's water
quality standards at 16.01.02.200.01.-03.
(g) Antidegradation Policy. (1) Outstanding Resource waters. Where
Idaho identifies high quality waters as an outstanding national
resource, such as waters of national and State parks and wildlife
refuges and waters of exceptional recreational or ecological
significance, that water quality shall be maintained and protected from
the impacts of point and nonpoint source activities.
(2) [Reserved]
(h) Excluded Waters. Lakes, ponds, pools, streams, and springs
outside public lands but located wholly and entirely upon a person's
land are not protected specifically or generally for any beneficial
use, unless such waters are designated in Idaho 16.01.02.110. through
160., or are unclassified waters of the United States as defined at 40
CFR 122.2.
(i) Water Quality Standard Variances.
(1) The Regional Administrator, EPA Region X, is authorized to
grant variances from the water quality standards in paragraphs (a) and
(b) of this section where the requirements of this subsection are met.
A water quality standard variance applies only to the permittee
requesting the variance and only to the pollutant or pollutants
specified in the variance; the underlying water quality standard
otherwise remains in effect.
(2) A water quality standard variance shall not be granted if:
(i) Standards will be attained by implementing effluent limitations
required under sections 301(b) and 306 of the CWA and by the permittee
implementing reasonable best management practices for nonpoint source
control; or
(ii) The variance would likely jeopardize the continued existence
of any threatened or endangered species listed under section 4 of the
Endangered Species Act or result in the destruction
[[Page 23029]]
or adverse modification of such species' critical habitat.
(3) A water quality standards variance may be granted if the
applicant demonstrates to EPA that attaining the water quality standard
is not feasible because:
(i) Naturally occurring pollutant concentrations prevent the
attainment of the use; or
(ii) Natural, ephemeral, intermittent or low flow conditions or
water levels prevent the attainment of the use, unless these conditions
may be compensated for by the discharge of sufficient volume of
effluent discharges without violating State water conservation
requirements to enable uses to be met; or
(iii) Human caused conditions or sources of pollution prevent the
attainment of the use and cannot be remedied or would cause more
environmental damage to correct than to leave in place; or
(iv) Dams, diversions or other types of hydrologic modifications
preclude the attainment of the use, and it is not feasible to restore
the waterbody to its original condition or to operate such modification
in a way which would result in the attainment of the use; or
(v) 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 water quality, preclude
attainment of aquatic life protection uses; or
(vi) 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.
(4) Procedures. An applicant for a water quality standards variance
shall submit a request to the Regional Administrator not later than the
date the applicant applies for an NPDES permit which would implement
the variance. The application shall include all relevant information
showing that the requirements for a variance have been satisfied. The
burden is on the applicant to demonstrate to EPA's satisfaction that
the designated use is unattainable for one of the reasons specified in
paragraph (i)(3) of this section. If the Regional Administrator
preliminarily determines that grounds exist for granting a variance, he
shall publish notice of the proposed variance. Notice of a final
decision to grant a variance shall also be published. EPA will
incorporate into the permittee's NPDES permit all conditions needed to
implement the variance.
(5) A variance may not exceed 5 years or the term of the NPDES
permit, whichever is less. A variance may be renewed if the applicant
reapplies and demonstrates that the use in question is still not
attainable. Renewal of the variance may be denied if the applicant did
not comply with the conditions of the original variance.
[FR Doc. 97-10723 Filed 4-25-97; 8:45 am]
BILLING CODE 6560-50-P