2006 Section 303(d) List Overview
The 2006 NYS Section 303(d) List of Impaired Waters Requiring a TMDL (or other strategy) was submitted to USEPA September 2006. The List was approved by USEPA Region 2 on July 5, 2007.
Submission and Approval
A Draft 2006 Section 303(d) List was provided to EPA Region 2 well ahead of the April 1, 2006 mandated date for submission of the List. After some review and discussion with EPA a slightly revised Draft 2006 List was made available for public review and comment on February 15, 2006. The Public Notice and Comment period ran for 30 days until March 17. A Proposed Final List, that was revised to reflect public comment, and Response Summary was submitted to EPA for their review and approval on September 13, 2006. Additional public comment directed to EPA, and subsequent discussion resulted in a slightly Revised Proposed Final List being submitted May 21, 2007. This is the list that was approved in July 2007.
Changes from the Previous (2004) List
The 2006 Section 303(d) List contains 983 waterbody/pollutant listings; virtually the same number as contained in the previous - 2004 - List (976). However there were a greater number of changes to the 2006 List than the net change of 7 listings suggest.
A total of 49 new waterbody/pollutant listings were added to the 2006 list; 29 of these were the result of new fish consumption advisories for waters due to mercury. More than half of the other 20 listings were largely the result of nutrient inputs and low dissolved oxygen in urban or rapidly developing watersheds.
A total of 42 previous listings were removed. Thirty-five (35) marine waterbodies around Long Island Sound were de-listed because the general consumption advisory for striped bass in these waters is largely precautionary and related to the migratory range and characteristics of the species, rather than water quality or sources of contamination in these specific waters. Four waters were de-listed because other required control measures are in place to address the impairment; 2 were removed from the list because previous fish consumption advisories have been lifted. One waterbody (Greenwood Lake) was de-listed because a TMDL for this waterbody has been established.
The remainder of the change in the number of listings is a result of "administrative" changes: due to the re-segmentation of waterbodies, either splitting previous waterbodies into multiple segments or combining smaller segments into a single waterbody.
One other change to the 2006 List is the expansion of Part 3 of the List (Waterbodies for which TMDL Development May be Deferred) to include waters where considerable other restoration efforts are underway. Unlike waters that are delisted due to other control measures (4b delistings), Part 3c includes waters where although large-scale efforts to improve water quality are underway it remains uncertain whether impairments will be fully restored when these measures are complete. Nonetheless, development of a TMDL on top of these measures before they are complete would provide little additional value to the restoration effort.
Summary of Listed Water Quality Impairments
Forty percent (40%) of the 2006 listings are Acid Rain Lakes/Waters. Much of the pollutant sources of these impairments are outside the jurisdiction of NYS. As the Final 2006 list was being reviewed, NYSDEC established a TMDL for the 143 of these waters located in the state forest preserve. As a result, these waters will be removed from the 2008 List.
Twenty-eight percent (28%) of the listings are a result of fish consumption advisories. Of these...
About two-thirds of these are due to historical contamination of large rivers/lakes (Lake Ontario, NY Harbor, Hudson River, Onondaga Lake, etc) with PCBs and other organics. Some of these are being addressed by large scale remediation projects (Hudson River, Onondaga Lake). Others are of a magnitude that is beyond the scope of any immediate solution. However in places where the original source of this contamination has been eliminated, monitoring has indicated decreasing contaminant levels (Lake Ontario). In other areas, concerted trackdown efforts to identify and eliminate remaining sources are underway (NY Harbor).
Much of the remaining third of fish consumption advisories are a result of atmospheric deposition of mercury. Like acid rain, mercury sources of contamination are to large degree outside the control on NYS and will require a regional or national approach. A Draft Northeast Regional Mercury TMDL includes New York waters impaired by mercury.
About fourteen percent (14%) of listings are the result of Stormwater, Urban Runoff and/or CSOs impacts on aquatic life and recreation. More than half of these impacts are in the New York City metropolitan area. These water quality problems are the focus of the ongoing statewide Phase II stormwater program as well as CSO Long-Term Control Plans. About one-fourth of these are listed as waters where TMDL development is deferred due to the NYC CSO Order of Consent.
Seven percent (7%) of the listings are due to Shellfishing Restrictions around Long Island that are also the result of urban/stormwater runoff of pathogens. Again, the aim of the state Phase II stormwater program is to address these water quality problems so that these uses are restored. As the Final 2006 list was being reviewed, NYSDEC established a TMDL for the 20 of these marine waterbodies located in Peconic Estuary. As a result, these waters will be removed from the 2008 List.
Five percent (5%) of the listings are the result of various site-specific sources that are less easily categorized. However more than half of these result in high nutrient concentrations in small lakes. NYSDEC is currently developing a TMDL template for these phosphorus lake waters.
About eight percent (8%)* of the listings are waters that Require Verification of either the suspected impairment or of the pollutants causing the impairment. NYSDEC conducts a comprehensive monitoring and assessment program that focuses resources on these monitoring priorities over a schedule that evaluates water quality in the entire state over a five-year cycle.
Another three percent (3%)* of the list is categorized as Waterbody Segments for which TMDL Development may be Deferred because the impairments are currently being addressed through other restoration measures. These measures include the NYC CSO Consent Order and the Upper Hudson River PCB Remediation effort.
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* These percentages include some of the waters included with the 14% of waters impacted by Stormwater, Urban Runoff and/or CSOs.
