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 2006 Section 303(d) List (pdf file, 315 kb). An overview of the 2006 List and the waterbodies and impairments included on it is also available.

The 2008 Section 303(d) List

Development of the next Section 303(d) List is currently underway. A DRAFT 2008 Section 303(d) List is available for public review; public comments on the list will be accepted through February 22, 2008. A proposed Final List is expected to be submitted to USEPA by April 1, 2008. Until a 2008 List is approved by USEPA, the 2006 Section 303(d) List is considered to be the most current List of Impaired/TMDL Waters.

The 2006 Section 303(d) List

A proposed 2006 List was submitted to USEPA in September 2006 for review. Based on public comments a Revised List was submitted in May 2007. This List was found by USEPA to meet the requirements of Section 303(d) of the Clean Water Act and was approved on July 5, 2007. Comments received during the public notice period were addressed and a response summary (pdf file, 165 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 are currently being revised. A DRAFT Revised Assessment Methodology (pdf file, 340 kb) and a DRAFT Revised Listing Methodology (pdf file, 170 kb) are both available for public review. Public comment on these documents will be accepted through February 22, 2008.

FINAL 2006 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:

Waterbody Segments Requiring Verification of Impairment
Waterbody Segments Requiring Verification of Cause/Pollutants
Waterbody Segments Being Address Through Other Restoration Measures

Impaired/De-Listed Waters Not Included on the 2006 Section 303(d) List

Included with, but separate from, the 2006 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 (2004) Section 303(d) List, but that are NOT included on the 2006 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.