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

2. NYS Department of Environmental Conservation Bridge Between SWDA & CWA

3. NYS Department of Environmental Conservation Waste Load Allocation (regulated/ permits) Load Allocation (non-point source)

4. NYS Department of Environmental Conservation 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. NYS Department of Environmental Conservation Protect/Maintain WQ WQ Management & CWA Elements 531 July, 2013 Callinan - 2013 DOW Workshop Slide adapted from: Kovatch USEPA PPT April 2010 Meets WQS(s) NPSPoint Source Water Quality Based Effluent Limit Technology Limits Water Quality Based Effluent Limit Grants Partner Voluntary Protect/Maintain WQ

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

7. NYS Department of Environmental Conservation Designated Uses and NYS Classes of Waters Water Uses Supported Water SupplyClass A, AA Shellfishing Class SA Public BathingClass B,SB Fish ConsumptionAll Waters Aquatic Life All Waters Recreation All Waters Habitat/HydrologyAll Waters AestheticsAll Waters

8. NYS Department of Environmental Conservation 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. 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 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. 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

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

12. NYS Department of Environmental Conservation 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. 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.

14. NYS Department of Environmental Conservation Discharge Permits Water 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. 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

16. 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

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

18. NYS Department of Environmental Conservation 20 ug/l

19. 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 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 MS4s (regulated stormwater) ?

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

21. NYS Department of Environmental Conservation Thank You, Questions? Contact Info –Ron Entringer –raentrin@gw.dec.state.ny.usraentrin@gw.dec.state.ny.us –518 402-8176