Pollutant Minimization In New York State

Mercury in New York State's Waters

Mercury is a natural element that is used in many human activities. Some uses are considered essential and others are not. The Department is working with other agencies to identify non-essential uses and find alternatives.

Mercury enters our surface and groundwater from:

  • waste or industrial discharges,
  • runoff from land,
  • atmospheric deposition from polluted air,
  • sediment-contamination, and
  • leaks and spills

Microorganisms in wetlands and some other surface waters convert mercury to methyl-mercury, a potent neurotoxin that accumulates in fish tissue. Even low levels of mercury in the water can accumulate to high concentrations in fish. Mercury levels in fish tissue can sometimes reach high enough levels to threaten the health of people who eat the fish they catch in certain waters.

DEC's Division of Water monitors mercury levels in surface waters and sediments across the state and regulates point source discharges of mercury. The state Department of Health issues fish consumption advisories when a waterbody is found to contain fish with high mercury levels.

See DOW Policy 1.3.10 Mercury - SPDES Permitting & Multiple Discharge Variance (PDF), December 2020 Edition, for additional information.

Northeast Regional Mercury TMDL

The Northeast Regional Mercury TMDL is the Federal Clean Water Act mandated document that identifies pollutant load reductions necessary for regional waterbodies to meet and maintain compliance with state and federal water quality standards. The Northeast states have a number of statewide, regional, and waterbody-specific fish consumption advisories as a result of mercury pollution and the overall objective of the TMDL is to reduce mercury in regional waterbodies to the point that fish consumption advisories will no longer be necessary. The TMDL was prepared by the New England Interstate Water Pollution Control Commission (NEIWPCC) in cooperation with the state environmental agencies of New York, Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont.

The Northeast Regional Mercury TMDL (PDF) was approved by the US Environmental Protection Agency in December 2007.

Additional Guidance may be found in DOW Policy 1.3.10 Mercury - SPDES Permitting & Multiple Discharge Variance (PDF), December 2020 Edition.

Pollutant Minimization Program Guidance

SPDES permits may require that a permittee develop and conduct a Pollutant Minimization Program (PMP) for reducing mercury and other pollutants in wastewater and stormwater discharges for each pollutant with a Water Quality Based Effluent Limit (WQBEL) below the analytical quantification level (e.g., PCBs). A PMP may also be required for pollutants for which treatment technology cannot achieve a WQBEL (e.g., mercury).

Guidance to assist permittees in complying with PMP requirements can be found in "Pollutant Minimization Program (PMP) Plans Guidance Manual for Wastewater Treatment Facilities in New York State, September 2004" which is listed below in four parts:


Contact for this Page

DOW, Bureau of Water Assessment and Management
625 Broadway
Albany, NY 12233

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