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New York State Section 303(d) List of Impaired/TMDL Waters

The New York State Section 303(d) List of Impaired/TMDL Waters identifies those waters that do not support appropriate uses and that may require development of a Total Maximum Daily Load (TMDL). The most recently approved List is the Final NYS 2008 Section 303(d) List (pdf file, 310 kb) which was approved in September 2008. An overview of the 2008 List and the waterbodies and impairments included on it is also available.

The 2010 Section 303(d) List

The process to compile the 2010 Section 303(d) List of Impaired/TMDL Waters is currently underway. As part of the process NYSDEC is accepting water quality data and information to be considered in updating the List. Data and information will be accepted through September 30, 2009, for use in developing the 2010 List (to be submitted to USEPA by April 1, 2010). More information regarding the 2010 List, including how to submit data and information to be considered in its development, is available.

The 2008 Section 303(d) List

A draft 2008 List was made available for public comment for a 30 day period that ended February 22, 2008. After considering comments received from the public, a revised List was submitted to USEPA in March 2008. Additional discussion during the USEPA review of the List led to other revisions and the re-submittal of a proposed final List to USEPA (dated May 26, 2008). This version of the List was found by USEPA to meet the requirements of Section 303(d) of the Clean Water Act and was approved on September 18, 2008. Comments received during the public notice period were addressed and a response summary (pdf file, 146 kb) was prepared and is available.

Background

The Federal Clean Water Act requires states to periodically assess and report on the quality of waters in their state. Section 303(d) of the Act also requires states to identify Impaired Waters, where specific designated uses are not fully supported. For these Impaired Waters, states must consider the development of a Total Maximum Daily Load (TMDL) or other strategy to reduce the input of the specific pollutant(s) restricting waterbody uses, in order to restore and protect such uses. The waterbody listings in the Section 303(d) List are segmented into a number of categories. The various categories, or Parts, of the list are outlined below.

Consolidated Assessment and Listing Methodology

An outline of the process used to monitor and assess the quality of New York State waters is contained in the New York State Consolidated Assessment and Listing Methodology (CALM). The CALM describes the water quality monitoring, assessment and listing process in order to improve the consistency of assessment and listing decisions. Two components of the CALM were revised during the development of the 2008 Section 303(d) List. The Final 2008 Assessment Methodology (pdf file, 340 kb) and Final 2008 Listing Methodology (pdf file, 170 kb) used in compiling the 2008 Section 303(d) List are available.

FINAL 2008 Section 303(d) List of Impaired Waters Requiring a TMDL

Part 1 Individual Waterbody Segments with Impairments Requiring TMDL Development

These are waters with verified impairments that are expected to be addressed by a segment/pollutant-specific TMDL or other restoration strategy .

Part 2 Multiple Segment/Categorical Waterbody Impairments Requiring TMDL Development

These are groups of waters affected by similar causes/sources where a single TMDL may be able to address multiple waters with the same issue. Part 2 is subdivided into:

  • Waters Impaired by Atmospheric Deposition (acid rain)

  • Waters Impaired by Fish Consumption Advisories

  • Waters Impaired by Shellfishing Restrictions

Part 3 Waterbody Segments for which TMDL Development May Be Deferred

These are waters where scheduling of TMDL development may be deferred pending verification of the suspected impairment, the cause/pollutant related to the impairment, or the effectiveness of other restoration measures in place. Part 3 is subdivided into:

  1. Waterbody Segments Requiring Verification of Impairment

  2. Waterbody Segments Requiring Verification of Cause/Pollutants

  3. Waterbody Segments Being Address Through Other Restoration Measures

Appendix A - Smaller Lakes Impaired by Atmospheric Deposition (Acid Rain)

Appendix B - Listed Waterbodies Not Meeting Dissolved Oxygen Standards

Impaired/De-Listed Waters Not Included on the 2008 Section 303(d) List

Included with, but separate from, the 2008 Section 303(d) List is a supplemental listing of Other Impaired Waterbody Segments Not Listed (on the 303(d) List) Because Development of a TMDL is Not Necessary. The purpose of this supplement is to provide a more comprehensive inventory of waters of the state that do not fully support designated uses and that are considered to be impaired.

Section 303(d) of the Clean Water Act stipulates that impaired waters that do not require a TMDL are not to be included on the Section 303(d) List. There are three (3) justifications for not listing an impaired water:

Category 4a - TMDL development is not necessary because a TMDL has already been established for the segment/pollutant.

Category 4b - TMDL is not necessary because other required control measures are expected to result in restoration in a reasonable period of time.

Category 4c - TMDL is not appropriate because the impairment is the result of pollution, rather than a pollutant that can be allocated/reduced through a TMDL.

De-Listed Waters

A separate list of waters that were included on the previous (2006) Section 303(d) List, but that are NOT included on the 2008 List is also presented. This information provides some linkage and continuity between the previous and new Lists. The specific reason that the waterbody no longer appears on the List (i.e., de-listing action, re-assessment, re-segmentation, etc.) is also noted. Some of these waters (those that remain Impaired) also appear on the list of Other Impaired Waterbody Segments Not Listed Because Development of a TMDL is Not Necessary.