ENB - STATEWIDE NOTICES

Reposting: Notices of Availability

The following two notices were originally posted on November 24 as Region 1 and 2 notices. Because of the potential statewide interest in TMDLs, they are being reposted this week as Statewide notices.

NOTICE OF AVAILABILITY OF THE PROPOSED NEW YORK CITY WATERSHED PHASE II TOTAL MAXIMUM DAILY LOADS/WASTELOAD ALLOCATIONS/ LOAD ALLOCATIONS (TMDL/WLA/LA) FOR PHOSPHORUS IN THE NEW YORK CITY WATER SUPPLY RESERVOIR SYSTEM

The New York State Department of Environmental Conservation (NYSDEC), with the cooperation and technical assistance of the New York City Department of Environmental Protection (NYCDEP) and the United States Environmental Protection Agency (USEPA), has completed its Phase II analyses of the Total Maximum Daily Loads (TMDLs) for phosphorus in the reservoirs of the New York City Water Supply System. This notice announced the availability of the proposed Phase II Phosphorus TMDLs for these reservoirs. A forty-five day public review period has been established during which written comments may be submitted on the Phase II TMDLs. Details regarding availability of information, comment submission, and public information meetings are presented below.

INFORMATION - The proposed TMDL/WLA/LA information is included in a NYSDEC document entitled Proposed Phase II Total Maximum Daily Loads for Reservoirs in the New York City Water Supply Watershed dated November 17, 1999. This document is available at the following website: http://www.dec.state.ny.us/website/dow/index.html or by contacting the NYSDEC Bureau of Watershed Management, by phone at 518-457-8961 or mail at Room 398, 50 Wolf Rd., Albany, NY 12233-3508.

Related information included in NYCDEP's report entitled Phase II Phosphorus TMDL Methodology Document, Water Quality Guidance Value Report and Phosphorus TMDL Calculations Reports for 19 Reservoirs, can be found on their website at http://www.ci.nyc.ny.us/html/dep/html/tmdl.html. These documents are dated March 1, 1999 and they provide much of the information used in NYSDEC's Phase II TMDL write-ups.

Public Meetings: Three public meetings will be held to discuss and answer questions on the Phase II TMDL process.

Comments: Comments on the Phase II TMDL process and NYSDEC's decisions will be accepted until January 9, 2000. Comments will be considered in arriving at final TMDL decisions which will be submitted to USEPA-Region 2 for review and approval. Please submit comments to: Mr. Richard E. Draper, P.E., Bureau of Watershed Management, NYSDEC, 50 Wolf Rd., Albany, NY 12233-3508


NOTICE OF AVAILABILITY OF THE TOTAL MAXIMUM DAILY LOAD ANALYSIS (TMDL)
TO ACHIEVE WATER QUALITY STANDARDS FOR DISSOLVED OXYGEN IN LONG ISLAND SOUND

The New York State Department of Environmental Conservation (NYSDEC), and Connecticut Department of Environmental Protection (CTDEP) have completed the Total Maximum Daily Load (TMDL) Analysis to Achieve Water Quality Standards for Dissolved Oxygen in Long Island Sound. Section 303(d)(1)(C) of the Clean Water Act (CWA) and the United States Environmental Protection Agency's (USEPA) implementing regulations (40CFR Part 130) require states to identify those waterbodies that do not meet water quality standards after application of the technology-based effluent limitations required by the Act. New York and Connecticut have identified Long Island Sound as "water quality limited" due to hypoxia and a priority for developing a TMDL.

By definition, a TMDL specifies the allowable pollutant loading from all contributing sources (e.g., point sources, nonpoint sources, and natural background) at a level necessary to attain the applicable water quality standards with seasonal variations and a margin of safety that takes into account any lack of knowledge concerning the relationship between pollutant sources and water quality. In essence, a TMDL defines the assimilative capacity of the waterbody to absorb a pollutant and still meet water quality standards.

To address the hypoxia problem, the LISS has been proceeding with a phased approach to nitrogen reduction, allowing the program to move forward in stages as more information is obtained to support more aggressive steps.

The first formal action to address hypoxia took place in 1990 with the release of the Status Report and Interim Actions for Hypoxia Management. The report announced a freeze on point and nonpoint nitrogen loadings to the Sound in key geographic areas at 1990 levels. This constitutes what is know as Phase I of the hypoxia management program.

Phase II, which was adopted in 1994 upon release of the Comprehensive Conservation and Management Plan (CCMP), initiated actions to begin to reduce the load of nitrogen to the Sound through low-cost actions. This phase is being actively implemented in Connecticut and New York. These actions, while significant, will not restore the health of Long Island Sound. Therefore, the LISS made a commitment to identify a third phase of nitrogen controls to guide long-term management.

On February 5, 1998 the states of Connecticut and New York and the Environmental Protection Agency adopted a plan for Phase III Actions for Hypoxia Management (Proposal for Phase III Actions for Hypoxia Management. Long Island Sound Study. EPA Long Island Sound Office. 1997. EPA 840-R-97-001) including nitrogen reduction targets of 58.5 percent for 11 "management zones" that comprise the Connecticut and New York portion of the Long Island Sound watershed. Action 3.A. under the plan is a commitment to administer and enforce the nitrogen targets through development of a Total Maximum Daily Load (TMDL) analysis consistent with requirements under section 303(d) of the Clean Water Act.

New York State and Connecticut have developed a draft analysis for public comment prior to the finalization and submission of the TMDL analysis to USEPA for approval.

A forty-five day public review period has been established in which written comments may be submitted on the TMDL analysis. Details regarding website and hard-copy availability of information, comment submittal, and public information meetings are presented below.

Copies of the TMDL analysis are available through the NYSDEC website at http://www.dec.state.ny.us/website/dow/index.html or at the Long Island Sound Study website at http://www.epa.gov/region01/eco/lis/index.html. Paper copies can be obtained by contacting the Bureau of Watershed Management, New York State Department of Environmental Conservation, 50 Wolf Rd, Albany, NY 12233-3508; phone 518-457- 8961.

Comments: Comments on the Draft for Public Comment should be mailed to: Mr. Richard E. Draper, P.E.; Bureau of Watershed Management, New York State Department of Environmental Conservation, 50 Wolf Rd, Albany, NY 12233-3508

Public meetings: Three public meetings will be held to discuss and answer questions on the TMDL. The meetings have been scheduled for:

Staff from, NYSDEC, CTDEP and USEPA will be present at these meetings. Comments on the TMDL will be accepted until January 9, 2000. Comments will be considered in arriving at final TMDL decisions which will be submitted to USEPA for review and approval.