Bridge BetweenSWDA & CWA - New York Department of State

Bridge BetweenSWDA & CWA - New York Department of State

NYSDEC Programmatic and Regulatory Implementation of Numeric Nutrient Criteria in Drinking Water NYC Watershed/Tifft Scientific and Technical Symposium September 19, 2013 Ron Entringer w/Cliff Callinan Scott Kishbaugh NYSDEC Division of Water NYS Department of Environmental Conservation Bridge Between SWDA & CWA

NYS Department of Environmental Conservation Waste Load Allocation (regulated/ Load Allocation permits) (non-point source) NYS Department of Environmental Conservation Messages/Outline Water Quality Management NYs history of protecting PWS Use Classification predates CWA NYC Reservoirs

Great Lakes/Champlain Chlorophyll NNC needed for drinking water NNC development for other water uses Regulatory impact of drinking water NNC NYS Department of Environmental Conservation WQ Management & CWA Elements Protect/Maintain WQ Protect/Maintain WQ Meets WQS(s) NPS Point Source

Water Quality Technology Based Effluent Limits Limit Water Quality Based Effluent Limit 31 July, 2013 Grants

Partner Voluntary Callinan - 2013 DOW Workshop NYS Department of Environmental Conservation Slide adapted from: Kovatch USEPA PPT April 2010 5 Nutrient-Related Concerns Health Recreation University of Toledo www.dlwc.nsw.gov.au

Aquatic Life www.initrogen.org NYS Department of Environmental Conservation Designated Uses and NYS Classes of Waters Water Uses Supported Water Supply Class A, AA Shellfishing Class SA Public Bathing Class B,SB Fish Consumption All Waters Aquatic Life

All Waters Recreation All Waters Habitat/Hydrology All Waters Aesthetics All Waters NYS Department of Environmental Conservation Evaluating Water Quality Continuing Assessment DEC 5-yr Rotating Intensive Basin Survey USGS/ DOH Community Monitoring Citizens Statewide Lake Assessment Program (CSLAP) Wadeable Assessments by Volunteer Evaluators (WAVE)

Universities, and other researchers..PWS? Water Inventory / Priority Waterbodies List; subset of impaired to 303 (d) list NYS Department of Environmental Conservation Why Numeric Nutrient Criteria? Nutrients are currently regulated in NYS by a narrative water quality standard rather than a numeric standard. (Part 703.2) None inhello, amounts that result in the growths of algae, weeds and slimes that will impair the waters for their best usages. Numeric Nutrient Criteria Assessment of water quality

Translators for Water Quality Management Setting permit limits Restoring impaired waters (TMDLs) NYS Department of Environmental Conservation Why Numeric Nutrient Criteria? EPA National Nutrient Criteria Program in 1998 EPA and states are charged with developing nutrient criteria and standards (default values) NNC in other states: Florida Litigation WI, MT, CO, OK, AR standards in regulations. IL, CT, GA, EPA in MA & NH

using NNC for NPDES limits NYS Department of Environmental Conservation New York State Nutrient Standards Plan (Revised July 7, 2011; June 28, 2013) http://www.dec.ny.gov/chemical/77704.html. Initially focusing on phosphorus in fresh water Developing guidance values not standards 1988 guidance value of 20 ug/l for lakes (recreational aesthetics) Waterbody Type

Recreation Aquatic Life Human Health Developed three draft fact sheets for rule making R&D Draft Rivers & Streams R&D Through EPA and peer review Lakes & Reservoirs

Draft R&D A formal nutrient criteria proposal is not expected until 2013. NYS Department of Environmental Conservation Draft NNC Implementation NYWEA ad-hoc workgroup Calls discussing general approach Local meetings (also AWWA, NYSFOLA) NYWEA signed on to 2011 letter to EPA from

national/other state WWTP agencies: States are exploring new approaches, including: Adopting criteria for response variables, such as chlorophyll a or dissolved oxygen, instead of numeric values for nitrogen and phosphorus; NYS Department of Environmental Conservation NYWEA joint letter: Where NNC are developed, they must: Be technically and scientifically defensible, and adequately reflect the full range of biological, chemical, and physical properties of the waterway, ultimately protecting the designated use; Be based on a demonstrated and quantified cause and effect relationship and appropriately qualified by the uncertainty in that relationship; and Not be used as the basis for imposing nutrient

controls unless the weight of the evidence indicates that impacts have resulted, or will result, from excess nutrients. NYS Department of Environmental Conservation Discharge Permits Water Quality Review Proposed Discharges TP limits/treatment reqd to lakes (TOGS 1.3.6) Can more pollution be added and still attain water quality standards (WQBEL)? Existing Discharges Periodic review (reasonable potential analysis) Limits to Impaired Waters Watershed-wide approach (TMDL) Cap load or interim limit to achieve reasonable

reductions NYS Department of Environmental Conservation Impaired Waters 303(d) list Already lists several drinking water sources, where seasonal TP > 20 ug/l (recreational aesthetics) Total Maximum Daily Load (TMDL) Strategy to reduce the input of the specific pollutant(s) restricting waterbody uses in order to restore and protect such uses (phosphorus diet) Sets limits for SPDES permits Watershed Plans Mostly unregulated sources

NYS Department of Environmental Conservation Point Source Control SPDES Discharges Municipal or industrial treatment plant Combined Sewer Overflows (CSOs) Concentrated Animal Feeding Operations (CAFOs) Municipal Storm Sewer Systems (MS4s) Construction general permits NYS Department of Environmental Conservation Applicability of DW NNC? Listing vs protection (re-class?) Currently used for Community WS (NTNCWS)?

AA vs A (Part 701.5/6 Classification for best use) Class AA fresh surface waters: waters that, if subjected to approved disinfection treatment, with additional treatment if necessary to remove naturally present impurities, meet or will meet New York State Department of Health drinking water standards and are or will be considered safe and satisfactory for drinking water purposes. Class A fresh surface waters: waters that, if subjected to approved treatment equal to coagulation, sedimentation, filtration and disinfection, with additional treatment if necessary to reduce naturally present impurities, meet . Existing Criteriakeep/develop separate rationale? NYC Reservoirs (TMDL == 15 ug/l TP in terminal reservoirs) Great Lakes/ Champlain -- existing criteria protective? NYS Department of Environmental Conservation 20 ug/l

NYS Department of Environmental Conservation Potential Regulatory Impact A/AA Lakes and Reservoir (not NYC) Draft Class AA/A criteria (instead of TP of 20 ug/l) AA: Chlorophyll > 4 ug/l Finger Lakes Impact on dischargers 3-5 AA: Chlorophyll > 4 ug/l Adirondack Lake(s) ? Downstate lake(s)

A: Chlorophyll > 6 ug/l other lakes At least one lake with significant impact (several majors; numerous minors; MS4) Rest: less significant (some with no regulated discharges) Only minor, some not used for PWS 7+ Only minor, some not used for PWS MS4s (regulated stormwater) ? NYS Department of Environmental Conservation Future discussions

Stream criteria Protective of aquatic life (Steve Gladding, 3:30 this session) Relationship to macroinvertibrate response Black Creek TMDL Protective of drinking water use flowing waters NNC) (Cliffs Research done; fact sheet could be similar to ponded waters (chl a ?) May control as downstream protective value NYS Department of Environmental Conservation Thank You,

Questions? Contact Info Ron Entringer [email protected] 518 402-8176 NYS Department of Environmental Conservation

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