Advanced Notice of Proposed Rulemaking - Saline Water Reclassification and Water Quality Standards Updates
DEC filed an Advanced Notice of Proposed Rule Making (ANPRM) with the New York State Department of State on July 27, 2022. The ANPRM is a data gathering and public outreach exercise intended to inform future reclassification and water quality standard rule makings applicable to saline waters of the State, if appropriate and may also result in amendments to water quality standards applicable to saline waters found in 6 NYCRR Parts 700-703. Saline waters potentially subject to reclassification are found in 6 NYCRR Parts 859, 864, 885, 890, 891, 920, 921, 922, 923, 924, 925, and 935. A full list of waters subject to possible reclassification is included in Table 1 of the ANPRM document (PDF).
The revised deadline for submission of data in response to the ANPRM is midnight on November 28, 2022. The original public notice of the ANPRM on July 27, 2022, starts a started the 90-day data solicitation period for the ANPRM, originally set to close at midnight on October 25, 2022
The ANPRM is not a regulatory action, but an opportunity to gather stakeholder data to inform future regulatory changes, if appropriate. As such, there are no regulatory impacts and no need for a rule making hearing.
ANPRM Public Information Meetings
DEC plans held two public information meetings in support of the ANPRM. These were not hearings, but opportunities for stakeholders to learn about the ANPRM process and ask questions about the data DEC seeks in response to the ANPRM.
Public Information Meeting #1 was held on August 31, 2022, via WebEx. A recording of the meeting and the meeting slides can be found under the "ANPRM and Supporting Documents" heading below.
Public Information Meeting #2 was held on September 29, 2022, at the DEC Region 2 office. The meeting slides can be found below at "ANPRM and Supporting Documents."
Public Data Solicitation
The public data solicitation period commenced on July 27, 2022. Responses to the ANPRM questions and supporting data may be submitted to:
New York State Department of Environmental Conservation
625 Broadway, 4th Floor
Albany, NY 12233-3500
ATTN: Michelle Tompkins
or by email to WQSrulemakings@dec.ny.gov. Data submissions are due to DEC by midnight November 28, 2022.
Data Submission Tools
DEC is also sharing two new web-based tools for submitting recreational use data in response to the ANPRM.
- DEC's survey on recreational uses in saline waters (leaves DEC website)
- Geospatial survey tool (leaves DEC website) developed by Riverkeeper, Save the Sound, The Hudson Access Project, and NY-NJ Harbor & Estuary Program
Environmental and Regulatory Impact Review
The ANPRM is a data gathering exercise, not a regulatory action; therefore it has no regulatory impact in and of itself. Future rule-making efforts, if any, based on data gathered through the ANPRM may or may not have a regulatory impact associated with them, and those impacts will be assessed and shared with the public when the rule makings, if appropriate, are noticed.
ANPRM and Supporting Documents
- Full version of the ANPRM document with active hyperlinks and full text of Table 1 (PDF).
- DRAFT copy of DEC's fact sheet showing the derivation of secondary contact recreation water quality standards (PDF).
- Recording (leaves DEC website) of ANPRM Public Meeting #1. Note: recording was started late, but only introduction and review of meeting agenda material was missed.
- Slides (PDF) from ANPRM Public Meeting #1
- Slides (PDF) from ANPRM Public Meeting #2
Questions and Additional Information
Further information, including copies ANPRM and supporting documents, are available upon request by contacting:
New York State Department of Environmental Conservation
625 Broadway, 4th Floor
Albany, NY 12233-3500, ATTN: Michelle Tompkins
Phone: (518) 402-8221
Email: mailto:WQSrulemakings@dec.ny.gov 6 NYCRR Parts 700-703
