NYC Watershed Tifft Scientific and Technical Symposium Ron Entringer wCliff Callinan Scott Kishbaugh NYSDEC Division of Water September 19 2013 Bridge Between SWDA amp CWA Waste Load ID: 697588
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NYSDEC Programmatic and Regulatory Implementation of Numeric Nutrient Criteria in Drinking WaterNYC Watershed/TifftScientific and Technical Symposium
Ron Entringerw/Cliff CallinanScott KishbaughNYSDEC Division of Water
September 19, 2013Slide2
Bridge BetweenSWDA & CWASlide3
Waste Load
Allocation
(regulated/
permits)
Load
Allocation
(non-point source)Slide4
Messages/OutlineWater Quality ManagementNY’s history of protecting PWSUse Classification predates CWANYC ReservoirsGreat Lakes/ChamplainChlorophyll NNC needed for drinking waterNNC development for other water uses
Regulatory impact of drinking water NNCSlide5
Protect/Maintain WQ
WQ Management & CWA Elements531 July, 2013
Callinan
- 2013 DOW Workshop
Slide adapted from:
Kovatch
USEPA PPT April 2010
Meets WQS(s)
NPS
Point Source
Water Quality Based Effluent Limit
Technology Limits
Water Quality Based Effluent Limit
Grants
Partner
Voluntary
Protect/Maintain WQSlide6
Nutrient-Related Concerns
Health
University of Toledo
Aquatic Life
www.initrogen.org
www.dlwc.nsw.gov.au
RecreationSlide7
Designated Uses and NYS Classes of WatersWater Uses Supported Water Supply Class A, AAShellfishing
Class SAPublic Bathing Class B,SBFish Consumption All WatersAquatic Life All WatersRecreation All WatersHabitat/Hydrology All WatersAesthetics All WatersSlide8
Evaluating Water QualityContinuing AssessmentDEC 5-yr Rotating Intensive Basin SurveyUSGS/ DOHCommunity MonitoringCitizen’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) listSlide9
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 CriteriaAssessment of water qualityTranslators for Water Quality ManagementSetting permit limitsRestoring impaired waters (TMDLs)
hello, Slide10
Why Numeric Nutrient Criteria?EPA National Nutrient Criteria Program in 1998EPA and
states are charged with developing nutrient criteria and standards (default values)NNC in other states:Florida LitigationWI, MT, CO, OK, AR standards in regulations.IL, CT, GA, EPA in MA & NH using NNC for NPDES limitsSlide11
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
.
Waterbody Type
Recreation
Aquatic
Life
Human Health
Rivers & Streams
R&D
Draft
R&D
Lakes & Reservoirs
Draft
R&D
DraftSlide12
NNC Implementation NYWEA ad-hoc workgroupCalls discussing general approachLocal 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;…”Slide13
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; andNot 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.Slide14
Discharge PermitsWater Quality ReviewProposed DischargesTP limits/treatment req’d to lakes (TOGS 1.3.6)Can more pollution be added and still attain water quality standards (WQBEL)?
Existing DischargesPeriodic review (“reasonable potential analysis”)Limits to Impaired WatersWatershed-wide approach (TMDL)Cap load or interim limit to achieve reasonable reductionsSlide15
Impaired Waters303(d) listAlready 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 permitsWatershed PlansMostly unregulated sourcesSlide16
Point Source ControlSPDES DischargesMunicipal or industrial treatment plantCombined Sewer Overflows (CSOs)Concentrated Animal Feeding Operations (CAFOs)Municipal Storm Sewer Systems (MS4s)Construction general permitsSlide17
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?Slide18
20
ug
/lSlide19
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 LakesAA: 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
) ? Slide20
Future discussionsStream criteriaProtective of aquatic life (Steve Gladding, 3:30 this session)Relationship to macroinvertibrate responseBlack 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 valueSlide21
Thank You,Questions?Contact InfoRon Entringerraentrin@gw.dec.state.ny.us
518 402-8176