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Ron Entringer w/Cliff Callinan Scott Kishbaugh NYSDEC Division of Water

Learn about regulatory impact, water quality management, and NNC development at a scientific symposium. Understand the importance of NNC and its role in protecting water quality for various uses.

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Ron Entringer w/Cliff Callinan Scott Kishbaugh NYSDEC Division of Water

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  1. NYSDEC Programmatic and Regulatory Implementation of Numeric Nutrient Criteria in Drinking WaterNYC Watershed/TifftScientific and Technical Symposium September 19, 2013 Ron Entringer w/Cliff Callinan Scott Kishbaugh NYSDEC Division of Water

  2. Bridge BetweenSWDA & CWA

  3. Waste Load Allocation (regulated/ permits) Load Allocation (non-point source)

  4. Messages/Outline • Water Quality Management • NY’s 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

  5. WQ Management & CWA Elements Protect/Maintain WQ Protect/Maintain WQ Meets WQS(s) NPS Point Source Water Quality Based Effluent Limit Technology Limits Grants Partner Voluntary Water Quality Based Effluent Limit Callinan - 2013 DOW Workshop Slide adapted from: Kovatch USEPA PPT April 2010

  6. Health University of Toledo www.dlwc.nsw.gov.au Aquatic Life www.initrogen.org Nutrient-Related Concerns Recreation

  7. 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

  8. Evaluating Water Quality • Continuing Assessment • DEC 5-yr Rotating Intensive Basin Survey • USGS/ DOH • Community Monitoring • Citizen’s 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

  9. 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 in 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) hello,

  10. 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

  11. 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) • Developed three draft fact sheets for rule making • Through EPA and peer review • A formal nutrient criteria proposal is not expected until 2013.

  12. 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;…”

  13. 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.

  14. Discharge PermitsWater Quality Review • Proposed Discharges • TP limits/treatment req’d 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

  15. 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

  16. Point Source ControlSPDES Discharges • Municipal or industrial treatment plant • Combined Sewer Overflows (CSOs) • Concentrated Animal Feeding Operations (CAFOs) • Municipal Storm Sewer Systems (MS4s) • Construction general permits

  17. 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 Criteria—keep/develop separate rationale? • NYC Reservoirs (TMDL == 15 ug/l TP in terminal reservoirs) • Great Lakes/ Champlain -- existing criteria protective?

  18. 20 ug/l

  19. Potential Regulatory ImpactA/AA Lakes and Reservoir (not NYC) Draft Class AA/A criteria(instead of TP of 20 ug/l) • AA: Chlorophyll > 4 ug/l 3-5 Finger Lakes • AA: Chlorophyll > 4 ug/l Adirondack Lake(s) ? • Downstate lake(s) • A: Chlorophyll > 6 ug/l 7+ other lakes Impact on dischargers • 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 • Only minor, some not used for PWS • MS4s (regulated stormwater) ?

  20. 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 (Cliff’s flowing waters NNC) • Research done; fact sheet could be similar to ponded waters (chl a ?) • May control as downstream protective value

  21. Thank You,Questions? • Contact Info • Ron Entringer • raentrin@gw.dec.state.ny.us • 518 402-8176

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