reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 2 - CLASSIFICATIONS AND STANDARDS OF QUALITY AND PURITY › Part 701 - Classifications-surface Waters And Groundwaters › Discharge Restriction Categories › Section 701.20 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The discharge
						restriction categories may be assigned to:
(1)
						waters of particular public health concern;
(2) significant recreational or ecological
						waters where the quality of the water is critical to maintaining the value for
						which the waters are distinguished; and
(3) other sensitive waters where the
						department has determined that existing standards are not adequate to maintain
						water quality.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 2 - CLASSIFICATIONS AND STANDARDS OF QUALITY AND PURITY › Part 701 - Classifications-surface Waters And Groundwaters › Discharge Restriction Categories › Section 701.21 - Criteria

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In assigning
						discharge restriction categories, the department will consider factors
						including the size of the waterbody, the nature of the surrounding district
						including the watershed, and the uses and quality of the waters. The department
						will also weigh the need for the additional water quality protection of the
						discharge restriction categories as compared with the assigned standards and
						best uses and the likelihood that the discharge restriction category will
						contribute to achieving the protection goals.
(b) As appropriate, additional consideration
						may be given to:
(1) the potential effects of
						additional discharges from new, expanded, or changed facilities or activities
						on the water quality value of resource;
(2) the risk to the waters or the use of the
						waters from unintended or incidental discharges from new facilities;
						and
(3) the potential effects of
						physical accumulation or bioaccumulation of substances not addressed by ambient
						standards.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 2 - CLASSIFICATIONS AND STANDARDS OF QUALITY AND PURITY › Part 701 - Classifications-surface Waters And Groundwaters › Discharge Restriction Categories › Section 701.22 - Allowable discharges

Current through Register Vol. 46, No. 28, July 10, 2024
New discharges may be permitted for waters where
						  discharge restriction categories are assigned when such discharges result from
						  environmental remediation projects, from projects correcting environmental or
						  public health emergencies, or when such discharges result in a reduction of
						  pollutants for the designated waters. In all cases, best usages and standards
						  will be maintained.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 2 - CLASSIFICATIONS AND STANDARDS OF QUALITY AND PURITY › Part 701 - Classifications-surface Waters And Groundwaters › Discharge Restriction Categories › Section 701.23 - No new discharge

Current through Register Vol. 46, No. 28, July 10, 2024
For waters designated "no new discharge," no new
						  discharges shall be permitted, and no increase in any existing discharges shall
						  be permitted. Storm water discharges are excepted from these restrictions.
						  Storm water discharges and nonpoint sources of pollution shall be controlled by
						  use of management practices to minimize the impact on the designated waters and
						  shall comply with other applicable requirements of this
						  Title.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 2 - CLASSIFICATIONS AND STANDARDS OF QUALITY AND PURITY › Part 701 - Classifications-surface Waters And Groundwaters › Discharge Restriction Categories › Section 701.24 - No new discharge of a specified substance

Current through Register Vol. 46, No. 28, July 10, 2024
For waters designated "no new discharge of a specified
						  substance," the specified substance shall not be permitted in new discharges.
						  No increase in the release of the specified substance shall be permitted for
						  any existing discharges. Storm water discharges are excepted from these
						  restrictions. Storm water discharges and nonpoint sources of pollution shall be
						  controlled by use of management practices to minimize the release of the
						  specified substance to the designated waters and shall comply with other
						  applicable requirements of this Title. The substance will be specified at the
						  time the waters are designated.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 2 - CLASSIFICATIONS AND STANDARDS OF QUALITY AND PURITY › Part 701 - Classifications-surface Waters And Groundwaters › Trout Waters › Section 701.25 - Trout waters (t or ts)

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The symbol
						(T), appearing in an entry in the "standards" column in the classification
						tables of Parts 800 through 941 of this Title, means that the classified waters
						in that specific item are trout waters. Any water quality standard, guidance
						value, or thermal criterion that specifically refers to trout or trout waters
						applies.
(b) The symbol (TS),
						appearing in an entry in the "standards" column in the classification tables of
						Parts 800 through 941 of this Title, means that the classified waters in that
						specific item are trout spawning waters. Any water quality standard, guidance
						value, or thermal criterion that specifically refers to trout, trout spawning,
						trout waters, or trout spawning waters applies.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 2 - CLASSIFICATIONS AND STANDARDS OF QUALITY AND PURITY › Part 701 - Classifications-surface Waters And Groundwaters › Trout Waters › Section 701.26 - Wet Weather Limited Use Waters (WW)

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The symbol (WW), appearing in an entry in the
						'standards' column in the classification tables of Parts 800 through 941 of this
						Title, means that the classified waters in that specific item are influenced by wet
						weather discharges from combined sewer overflows (CSO) and/or municipal separate
						stormwater sewer systems (MS4) effluents. Any water quality standard, guidance
						value, or thermal criterion that specifies a (WW) exception would apply to waters
						where the (WW) symbol is listed in the standard column, otherwise the base water
						quality standard, guidance value, or thermal criterion assigned to the Class are
						applicable.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 2 - CLASSIFICATIONS AND STANDARDS OF QUALITY AND PURITY › Part 701 - Classifications-surface Waters And Groundwaters › Trout Waters › Section 701.27 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provision of this Part or its application to any
						  person or circumstance is held to be invalid, the remainder of this Part and the
						  application of that provision to other persons or circumstances will not be
						  affected.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 2 - CLASSIFICATIONS AND STANDARDS OF QUALITY AND PURITY › Part 702 - Derivation and use of Standards and Guidance Values › Section 702.1 - Basis for derivation of water quality standards and guidance values

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The control of
					 taste-, color- and odor-producing, toxic and other deleterious substances is
					 implemented through the use of standards and guidance values. Standards and
					 guidance values for such substances shall be derived according to the
					 procedures set forth in this Part.
(b) The derivation of standards and guidance
					 values will consider, to the extent possible, variations in natural or
					 background conditions of waters, including but not limited to alkalinity,
					 temperature, hardness and pH.
(c)
					 Standards and guidance values shall be of the following Types to protect the
					 best usages of the waters as described in Part 701 of this Title:
(1) Health (Water Source) or H(WS);
(2) Health (Fish Consumption) or
					 H(FC);
(3) Aquatic (Chronic) or
					 A(C);
(4) Aquatic (Acute) or
					 A(A);
(5) Wildlife or W;
(6) Aesthetic (Water Source) or
					 E(WS);
(7) Aesthetic (Food Source)
					 or E(FS); and
(8) Recreation or
					 R.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 2 - CLASSIFICATIONS AND STANDARDS OF QUALITY AND PURITY › Part 702 - Derivation and use of Standards and Guidance Values › Section 702.2 - Standards and guidance values for protection of human health and sources of potable water supplies

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Standards and guidance values for protection of the best usage as a source of
					 potable water supply shall protect human health and drinking water sources and
					 are referred to as Health (Water Source) values.
(b) The standard or guidance value shall be
					 the most stringent of the values derived using the procedures found in sections
					 702.3
					 through
					 702.7 
					 of this Part.
(c) Standards or
					 guidance values based on oncogenic effects that are based on the 95 percent
					 lower confidence limit on the human dose corresponding to an excess lifetime
					 cancer risk of one-in-one million or on chemical correlation to such effects
					 shall be derived using age-specific water consumption rates and
					 points-of-departure for a lifetime exposure period of 70 years if scientific
					 evidence is sufficient to show that children may be more sensitive than adults
					 to such oncogenic effects. If such scientific evidence is not available, a
					 consumption rate of two liters of water per day for a lifetime exposure period
					 of 70 years shall be used.
(d)
					 Standards or guidance values based on oncogenic effects that are based on the
					 human equivalent dose at the point-of-departure divided by an uncertainty
					 factor, chronic nononcogenic effects, or chemical correlation to such effects
					 shall be derived using age-specific water consumption rates for a childhood
					 exposure period (18 years or less) if scientific evidence is sufficient to show
					 that children may be more sensitive than adults to such effects. If such
					 scientific evidence is not available, a consumption rate of two liters of water
					 per day shall be used.
(e)
					 Standards or guidance values based on acute nononcogenic effects or chemical
					 correlation to acute nononcogenic effects shall be derived using a consumption
					 rate of one liter of water per day or a different water consumption rate if
					 deemed more appropriate based on scientific evidence.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 2 - CLASSIFICATIONS AND STANDARDS OF QUALITY AND PURITY › Part 702 - Derivation and use of Standards and Guidance Values › Section 702.3 - Procedures for deriving standards and guidance values based on specific mcls and principal organic contaminant classes

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The standard or guidance value shall be
					 equal to the value of a Specific MCL unless the Specific MCL is based solely on
					 aesthetic considerations.
(b) For a
					 substance belonging to any of the principal organic contaminant classes and for
					 which there is no Specific MCL, the standard or guidance value shall be 5 ug/L
					 or a less stringent value as determined by the Commissioner of the New York
					 State Department of Health.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 2 - CLASSIFICATIONS AND STANDARDS OF QUALITY AND PURITY › Part 702 - Derivation and use of Standards and Guidance Values › Section 702.4 - Procedures for deriving standards and guidance values based on oncogenic effects

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Standards and guidance values based on oncogenic effects shall be calculated
					 using dose-response data from scientifically valid human or animal studies.
					 Considering factors including but not limited to route, duration and timing of
					 exposure, species, strain, tumor types and sites, nature and severity of
					 effects, pharmacokinetics, mode-of-action, study quality, and statistical
					 significance, the dose-response data deemed to be the most appropriate for
					 evaluating potential human health risks at environmental exposures shall be
					 used as the basis of the value.
(b)
					 Standards and guidance values shall be based on the point-of-departure for the
					 selected dose-response data.
(1) The
					 point-of-departure shall be the LED10, which is the 95 percent lower confidence
					 limit on the dose associated with 10 percent excess risk for oncogenic effects
					 adjusted for background risk. A different level of excess risk may be used if
					 deemed more appropriate based on scientific evidence.
(2) The point-of-departure shall be estimated
					 using a validated, biologically-based dose-response model. If such a model does
					 not exist, the point-of-departure shall be estimated using a mathematical model
					 (i.e., the multistage, probit, logistic, or Weibull model) that best describes
					 the dose-response data within the range of observation. Statistical measures,
					 including the Chi-squared goodness-of-fit test, shall be used to determine
					 which model best describes the data.
(3) If the selected dose-response data are
					 not adequately described by methods in paragraph (2) of this subdivision, an
					 alternative point-of-departure (e.g., a NOEL or LOEL) shall be used.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 2 - CLASSIFICATIONS AND STANDARDS OF QUALITY AND PURITY › Part 702 - Derivation and use of Standards and Guidance Values › Section 702.5 - Procedures for deriving standards and guidance values based on nononcogenic effects

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Standards and guidance values based on nononcogenic effects shall be calculated
					 using dose-response data from scientifically valid human or animal studies.
					 Considering factors, including but not limited to route, duration and timing of
					 exposure, species, strain, nature and severity of effects, pharmacokinetics,
					 mode-of-action, study quality and statistical significance, the dose-response
					 data deemed to be the most appropriate for evaluating potential human health
					 risks at environmental exposures shall be used as the basis of the
					 value.
(b) Standards and guidance
					 values shall be based on the point-of-departure for the selected dose-response
					 data.
(1) The point-of-departure shall be the
					 no-observed-effect level (NOEL), expressed as a dose in milligrams of substance
					 per kilogram of body weight per day. Where a valid NOEL is not available, a
					 lowest-observed-effect level (LOEL) may be used.
(2) If neither a NOEL or a LOEL are
					 available, an alternative point-of-departure, e.g., the 95 percent lower
					 confidence limit on the dose associated with a specified percentage of excess
					 risk (e.g., 10 percent) for a nononcogenic effect adjusted for background risk,
					 may be used. The alternative point-of-departure shall be estimated using one of
					 the mathematical models that are appropriate for analysis of dichotomous or
					 continuous dose-response data (e.g., power, polynomial, or linear), and shall
					 be the model that best describes the dose-response data within the range of
					 experimental observation. Statistical measures, including the Chi-squared
					 goodness-of-fit test, shall be used to determine which model best describes the
					 data.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 2 - CLASSIFICATIONS AND STANDARDS OF QUALITY AND PURITY › Part 702 - Derivation and use of Standards and Guidance Values › Section 702.6 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 2 - CLASSIFICATIONS AND STANDARDS OF QUALITY AND PURITY › Part 702 - Derivation and use of Standards and Guidance Values › Section 702.7 - Procedure for deriving standards and guidance values based on chemical correlation

Current through Register Vol. 46, No. 28, July 10, 2024
If the available data are deemed insufficient for
						deriving a standard or guidance value on the basis of either of sections
						702.4
						or
						702.5 
						of this Part, a standard or guidance value may be based on correlation to a
						chemical for which a standard or guidance value has been established pursuant
						to those sections. Standards or guidance values based on chemical correlation
						may be established if similar toxic effects are anticipated because of
						similarity of functional groups or metabolic or toxicologic
						pathways.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 2 - CLASSIFICATIONS AND STANDARDS OF QUALITY AND PURITY › Part 702 - Derivation and use of Standards and Guidance Values › Section 702.8 - Procedures for deriving standards and guidance values for protection of human health from consumption of fish

Current through Register Vol. 46, No. 28, July 10, 2024
Standards and guidance values for the protection of the
						best usage of fishing shall protect the health of human consumers of fish and,
						for Class SA waters, human consumers of shellfish from chemicals that may
						bioaccumulate and are referred to as Health (Fish Consumption) values.
(a) Standards and guidance values based on
					 bioaccumulation and human consumption of fish shall be equal to the acceptable
					 daily intake from fish consumption divided by a fish consumption rate of 0.033
					 kilograms per day and by a bioaccumulation factor.
(b) The acceptable daily intake, in
					 micrograms per day, from fish consumption shall be the more stringent of:
(1) 20 percent of the reference dose (for
					 nononcogenic effects) as determined from section
					 702.5
					 or
					 702.7 
					 of this Part; or
(2) the human dose
					 at the standard or guidance value (for oncogenic effects) as determined from
					 section
					 702.4
					 or
					 702.7 
					 of this Part.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 2 - CLASSIFICATIONS AND STANDARDS OF QUALITY AND PURITY › Part 702 - Derivation and use of Standards and Guidance Values › Section 702.9 - Standards and guidance values for protection of aquatic life

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Protection of the best usage of fishing
					 shall include standards and guidance values for the protection of aquatic
					 life.
(b) Standards and guidance
					 values for the protection of propagation of aquatic life are referred to as
					 Aquatic (Chronic) values.
(c)
					 Standards and guidance values for the protection of survival of aquatic life
					 are referred to as Aquatic (Acute) values.
(d) Where the waters are to be suitable for
					 fish, shellfish and wildlife propagation and survival, both Aquatic (Chronic)
					 and Aquatic (Acute) standards or guidance values shall apply.
(e) Where the waters are to be suitable for
					 fish, shellfish and wildlife survival, Aquatic (Acute) standards and guidance
					 values shall apply.
(f) Standards
					 and guidance values shall be derived using the procedures found in section
					 706.1 
					 of this Title.
(g) If the available
					 data are deemed insufficient for deriving a standard or guidance value on the
					 basis of section
					 706.1 
					 of this Title, a value may be based on either:
(1) an alternative procedure if deemed
					 appropriate based on scientific evidence; or
(2) correlation to a chemical for which a
					 standard or guidance value has been established pursuant to section
					 706.1 
					 of this Title if similar toxic effects are anticipated because of similarity of
					 functional groups or metabolic or toxicologic pathways.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 2 - CLASSIFICATIONS AND STANDARDS OF QUALITY AND PURITY › Part 702 - Derivation and use of Standards and Guidance Values › Section 702.10 to 702.11 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 2 - CLASSIFICATIONS AND STANDARDS OF QUALITY AND PURITY › Part 702 - Derivation and use of Standards and Guidance Values › Section 702.12 - Procedures for deriving standards and guidance values for protection of recreation

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Protection of the best usage of recreation shall include standards and guidance
					 values to protect the quality of the water for primary and secondary contact
					 recreation, including aesthetic conditions. Such values are referred to as
					 recreation values and derived based on an evaluation of reported levels of the
					 pollutant (such as pathogens or pathogen indicators, nutrients or vegetation)
					 that affect the quality of the water and its suitability for primary and
					 secondary contact recreation.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 2 - CLASSIFICATIONS AND STANDARDS OF QUALITY AND PURITY › Part 702 - Derivation and use of Standards and Guidance Values › Section 702.13 - Procedures for deriving standards and guidance values for protection of wildlife

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Protection of the best usage of fishing shall include standards and guidance
					 values for protection of the health of wildlife consumers of aquatic life and
					 water. Such values are referred to as Wildlife values.
(b) Standards and guidance values to protect
					 wildlife shall be derived using levels of chemicals known to be toxic to
					 wildlife in conjunction with a bioaccumulation factor and wildlife consumption
					 rates of aquatic life and water.
(c) Where the available data are deemed
					 insufficient for deriving a value on the basis of subdivision (b) of this
					 section, a value may be based on correlation to a chemical for which a standard
					 or guidance value has been established pursuant to that subdivision. Values
					 based on chemical correlation may be established where similar toxic effects
					 are anticipated because of similarity of functional groups or metabolic or
					 toxicologic pathways.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 2 - CLASSIFICATIONS AND STANDARDS OF QUALITY AND PURITY › Part 702 - Derivation and use of Standards and Guidance Values › Section 702.14 - Procedures for deriving standards and guidance values for protection of aesthetic quality

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Protection of the best usage as a source of potable water supply shall include
					 standards and guidance values to protect the aesthetic quality of the water,
					 including but not limited to taste, odor, and discoloration, both as a source
					 of potable water and for other human uses such as clothes washing and
					 showering. Such values are referred to as Aesthetic (Water Source) values and
					 shall be derived based on an evaluation of reported levels of the substance
					 that affect the aesthetic quality of the water. Values derived shall not exceed
					 the value of a Specific MCL that is based on aesthetic
					 considerations.
(b) Protection of
					 the best usage of fishing shall include standards and guidance values to
					 prevent tainting of aquatic food, including but not limited to taste, odor, and
					 discoloration. Such values are referred to as Aesthetic (Food Source) values
					 and derived based on an evaluation of reported levels of the substance that
					 affect the aesthetic quality of the fish flesh, aquatic life, wildlife, or
					 livestock that are consumed by humans and that acquire such flavor, odor, or
					 color because of habitation in, passage through, or ingestion of
					 waters.
(c) If the available data
					 are deemed insufficient for deriving a value based on subdivision (a) or (b) of
					 this section, a value may be established based on chemical correlation to a
					 chemical for which a standard or guidance value has been established pursuant
					 to that subdivision, if similar aesthetic considerations are anticipated
					 because of similarity of functional groups or metabolic or toxicologic
					 pathways.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 2 - CLASSIFICATIONS AND STANDARDS OF QUALITY AND PURITY › Part 702 - Derivation and use of Standards and Guidance Values › Section 702.15 - Derivation of guidance values

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 For those substances that do not have an applicable Health (Water Source)
					 standard in section
					 703.5 
					 of this Title and that the department determines may pose a threat to human
					 health if discharged to the waters of the State, a guidance value may be
					 derived and shall be the most stringent of the following:
(1) the values derived by applying the
					 procedures from sections
					 702.3
					 through
					 702.7 
					 of this Part;
(2) a "general
					 organic guidance value" of 50 ug/L for an individual organic substance. This
					 paragraph does not apply if adequate and sufficient data are available to
					 justify values greater than 50 ug/L using procedures from both sections
					 702.4
					 and
					 702.5 
					 of this Part. The general organic guidance value applies only to those
					 substances specified by the department; or
(3) a "specific organic mixture guidance
					 value" of 100 ug/L for a commercially available mixture of individual organic
					 substances. This paragraph does not apply if adequate and sufficient data are
					 available to justify values greater than 100 ug/L using procedures from both
					 sections
					 702.4
					 and
					 702.5 
					 of this Part. The derivation of this value for any specified mixture does not
					 preclude the existence or derivation of a Health (Water Source) standard or
					 guidance value for any individual organic substance in the mixture. The
					 specific organic mixture guidance value applies only to those mixtures
					 specified by the department.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 2 - CLASSIFICATIONS AND STANDARDS OF QUALITY AND PURITY › Part 702 - Derivation and use of Standards and Guidance Values › Section 702.16 - Derivation and implementation of effluent limitations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Standards and guidance values shall be
					 used to control taste-, color- and odor-producing, toxic and deleterious
					 substances, as specified in the narrative standards for fresh and saline
					 surface waters and groundwaters and shall be the basis of water quality-based
					 effluent limitations and groundwater effluent limitations for use in SPDES
					 permits issued pursuant to Parts 750-758 of this Title.
(b) Surface water effluent limitations.
(1) When deriving a water quality-based
					 effluent limitation from a surface water standard or guidance value, the
					 department may take into account factors, including but not limited to
					 analytical detectability, treatability, natural background levels, intermittent
					 streamflow, wet weather events, and the waste assimilative capacity of the
					 receiving waters.
(2) Where these
					 factors indicate that achieving a water quality-based effluent limitation would
					 be clearly unreasonable, the department may substitute a modified effluent
					 limitation. Where the effluent limitation had been derived from an aquatic
					 standard or guidance value, the department shall also require biological
					 monitoring.
(3) A surface water
					 effluent limitation for the total of organic substances that have a Health
					 (Water Source) standard for surface water in Table 1 of section
					 703.5(f) 
					 of this Title or a guidance value for surface water derived pursuant to section
					 702.15(a) 
					 of this Part shall be established based on an ambient value of 100 ug/L. Where
					 such standards or guidance values are 100 ug/L or greater, they shall not be
					 included in the total.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 2 - CLASSIFICATIONS AND STANDARDS OF QUALITY AND PURITY › Part 702 - Derivation and use of Standards and Guidance Values › Section 702.17 - Variances to effluent limitations based on standards and guidance values

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The department
					 may grant, to an applicant for a SPDES permit or to a SPDES permittee, a
					 variance to a water quality-based effluent limitation or groundwater effluent
					 limitation included in a SPDES permit.
(1) A
					 variance applies only to the permittee identified in such variance and only to
					 the pollutant specified in the variance. A variance does not affect or require
					 the department to modify a corresponding standard or guidance value. A variance
					 does not affect or require the department to modify a corresponding groundwater
					 effluent limitation for the groundwater as a whole.
(2) A variance shall not apply to a new or
					 recommencing discharger in the Great Lakes System unless the proposed discharge
					 is a temporary one that is necessary to alleviate an imminent and substantial
					 danger to the public health or the environment that is greater than the danger
					 from not achieving the standard or guidance value. For the purpose of this
					 Part, an imminent and substantial danger to the public health or the
					 environment shall include, but not be limited to, a significant threat to the
					 environment as defined in Part 375 of this Title.
(3) A variance shall not be granted that
					 would likely jeopardize the continued existence of any endangered or threatened
					 species or result in the destruction or adverse modification of such species'
					 critical habitat.
(4) A variance
					 shall not be granted if standards or guidance values will be attained by
					 implementing effluent limits required under section
					 750-1.11(a) 
					 of this Title and by the permittee implementing cost-effective and reasonable
					 best management practices for nonpoint source control.
(5) A variance term shall not exceed the term
					 of the SPDES permit. Where the term of the variance is the same as the permit,
					 the variance shall stay in effect until the permit is reissued, modified or
					 revoked.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 2 - CLASSIFICATIONS AND STANDARDS OF QUALITY AND PURITY › Part 702 - Derivation and use of Standards and Guidance Values › Section 702.18 - More stringent groundwater effluent limitations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The department, after consultation with
					 the New York State Department of Health, may establish, on a case-by-case
					 basis, more stringent effluent limitations than those set forth in section
					 703.6 
					 of this Title or established by section
					 702.16(c)(1) 
					 of this Part, where necessary, to prevent pollution and protect the
					 groundwaters for their best usages. The department shall consider rules and
					 regulations promulgated by the administrator or the New York State Department
					 of Health in establishing such limitations. Additionally, the department shall
					 consider action levels for compounds determined to exhibit toxic effects which
					 are established by the Commissioner of the New York State Department of
					 Health.
(b) Circumstances under
					 which the department may consider more stringent effluent limitations include
					 but are not limited to the following:
(1) a
					 discharge to an aquifer that is the sole or principal source of potable water
					 supply;
(2) an existing or proposed
					 discharge that is directly on or into consolidated rock or bedrock;
(3) a discharge containing one or more
					 substances that in combination with precipitation and/or natural soil
					 constituents is likely to produce a toxic pollutant; or
(4) where adverse cumulative or synergistic
					 effects can be established for constituents in a discharge.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 2 - CLASSIFICATIONS AND STANDARDS OF QUALITY AND PURITY › Part 702 - Derivation and use of Standards and Guidance Values › Section 702.19 - Modifications of groundwater effluent limitations

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
(1) An
					 applicant for a SPDES permit or a SPDES permittee may make written application
					 for a modification of a groundwater effluent limitation listed in Table 3 of
					 section
					 703.6(e) 
					 of this Title or established pursuant to section
					 702.16(c)(1) 
					 of this Part.
(2) Such applicant
					 shall have the burden of establishing to the satisfaction of the commissioner,
					 that one or more of the effluent limitations are unnecessarily restrictive as
					 to a particular discharge in that such modification would, notwithstanding
					 noncompliance with such limitations, prevent pollution and protect the
					 groundwaters for their best usages.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 2 - CLASSIFICATIONS AND STANDARDS OF QUALITY AND PURITY › Part 702 - Derivation and use of Standards and Guidance Values › Section 702.20 - Studies and monitoring for discharges to groundwater

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The department may require the submission
					 of information by any person responsible for a discharge in order that the
					 department may evaluate the short- and long-term effect the discharge may have
					 on groundwaters of the State or for the purpose of determining additional
					 (section
					 702.15[a]of 
					 this Part) or more stringent (section
					 702.18 
					 of this Part) effluent limitations or modifications (section
					 702.19 
					 of this Part) thereto. Such information may include but is not limited to the
					 following:
(1) a statement of the property to
					 be affected by a discharge and the extent to which such property is under the
					 control of the person responsible for such discharge;
(2) a geohydrologic analysis of the aquifers
					 that may be affected;
(3) a
					 determination of the direction and rate of movement of the discharge and the
					 natural groundwater;
(4) an
					 evaluation of adverse effects a discharge may have on any aquifer, source of
					 potable water supply, or other surface waters or groundwaters of the State;
					 and
(5) an evaluation of the
					 ability of unconsolidated deposits, consolidated rock or bedrock and the
					 groundwaters to attenuate potential pollutants such that the best usage of the
					 groundwaters is maintained.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 2 - CLASSIFICATIONS AND STANDARDS OF QUALITY AND PURITY › Part 702 - Derivation and use of Standards and Guidance Values › Section 702.21 - Exceptions to groundwater effluent limitations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Activities and conditions. The effluent
					 limitations set forth in section
					 703.6 
					 of this Title or established pursuant to section
					 702.16(c)(1) 
					 of this Part for discharges to Class GA waters are not applicable to the
					 following activities:
(1) the discharge of
					 sewage without the admixture of industrial waste or other wastes where:
(i) a disposal system, point source or outlet
					 consists of a subsurface sewage disposal system designed, constructed and
					 maintained in accordance with guidelines and standards satisfactory to the
					 department;
(ii) monitoring
					 facilities are utilized in accordance with requirements as may be specified by
					 the department; and
(iii) the
					 disposal system is designed to discharge, and discharges, less than 30,000
					 gallons per day;
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 2 - CLASSIFICATIONS AND STANDARDS OF QUALITY AND PURITY › Part 702 - Derivation and use of Standards and Guidance Values › Section 702.22 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provision of this Part or its application to any
						person or circumstance is held to be invalid, the remainder of this Part and
						the application of that provision to other persons or circumstances will not be
						affected.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 2 - CLASSIFICATIONS AND STANDARDS OF QUALITY AND PURITY › Part 703 - Surface Water and Groundwater Quality Standards and Groundwater Effluent Limitations › Section 703.1 - Substance form

Current through Register Vol. 46, No. 28, July 10, 2024
A water quality standard, guidance value or groundwater
						effluent limitation includes all (total) forms of the substance, unless
						indicated otherwise. Where a standard or guidance value is for a specific form
						of the substance, water quality-based effluent limitations for SPDES permits
						may include other forms of the substance to account for changes in the
						substance that occur in the receiving water.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 2 - CLASSIFICATIONS AND STANDARDS OF QUALITY AND PURITY › Part 703 - Surface Water and Groundwater Quality Standards and Groundwater Effluent Limitations › Section 703.2 - Narrative water quality standards

Current through Register Vol. 46, No. 28, July 10, 2024
Narrative standards for specific water classes are
						provided in this section. Narrative standards for classes N and AA-Special are
						provided in Part 701 of this Title.
Parameter
Classes
Standard
Taste-, color-, and odor-producing, toxic and other
								  deleterious substances
AA, A, B, C, D, SA, SB, SC, I, SD, A-Special, GA,
								  GSA, GSB
None in amounts that will adversely affect the
								  taste, color or odor thereof, or impair the waters for their best usages.
Turbidity
AA, A, B, C, D, SA, SB, SC, I, SD, A-Special
No increase that will cause a substantial visible
								  contrast to natural conditions.
Suspended, colloidal and settleable solids
AA, A, B, C, D, SA, SB, SC, I, SD, A-Special
None from sewage, industrial wastes or other wastes
								  that will cause deposition or impair the waters for their best usages.
Oil and floating substances
AA, A, B, C, D, SA, SB, SC, I, SD, A-Special
No residue attributable to sewage, industrial
								  wastes or other wastes, nor visible oil film nor globules of grease.
Garbage, cinders, ashes, oils, sludge and other
								  refuse
SA, SB, SC, I, SD
None in any amounts.
Phosphorus and nitrogen
AA, A, B, C, D, SA, SB, SC, I, SD, A-Special
None in amounts that will result in growths of
								  algae, weeds and slimes that will impair the waters for their best usages.
Radioactivity
A-Special
Should be kept at the lowest practicable levels,
								  and in any event should be controlled to the extent necessary to prevent
								  harmful effects on health.
Thermal discharges
GA, GSA, GSB
None in amounts that will impair the waters for
								  their best usages.
Thermal discharges
AA, A, B, C, D, SA, SB, SC, I, SD, A-Special
See Part 704 of this Title.
Flow
AA, A, B, C, D, A-Special
No alteration that will impair the waters for their
								  best usages.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 2 - CLASSIFICATIONS AND STANDARDS OF QUALITY AND PURITY › Part 703 - Surface Water and Groundwater Quality Standards and Groundwater Effluent Limitations › Section 703.3 - Water quality standards for pH, dissolved oxygen, dissolved solids, odor, color and turbidity

Current through Register Vol. 46, No. 28, July 10, 2024
Standards for specific classes are provided in this
						section.
Parameter
Classes
Standard
pH
AA, A, B, C, AA-Special, A-Special, GA
Shall not be less than 6.5 nor more than 8.5.
D
Shall not be less than 6.0 nor more than 9.5.
SA, SB, SC, I, SD
The normal range shall not be extended by more than
								  one-tenth (0.1) of a pH unit.
Dissolved oxygen (DO)
A-Special
In rivers and upper waters of lakes, not less than
								  6.0 mg/L at any time. In hypolimnetic waters, it should not be less than
								  necessary for the support of fishlife, particularly cold water species.
AA, A, B, C, AA-Special
For trout spawning waters (TS) the DO concentration
								  shall not be less than 7.0 mg/L from other than natural conditions. For trout
								  waters (T), the minimum daily average shall not be less than 6.0 mg/L, and at
								  no time shall the concentration be less than 5.0 mg/L. For nontrout waters, the
								  minimum daily average shall not be less than 5.0 mg/L, and at no time shall the
								  DO concentration be less than 4.0 mg/ L.
D
Shall not be less than 3.0 mg/L at any time.
SA, SB, SC
Chronic: Shall not be less than a daily average of
								  4.8 mg/L*
Remark: *The DO concentration may fall below 4.8 mg/L for
						a limited number of days, as defined by the formula:
DOi =
						13.0/2.80 +
						1.84
e
-0.1ti
where DOi = DO
concentration in mg/L between 3.0-4.8 mg/L and
ti
= time in days. This equation is
						applied by dividing the DO range of 3.0-4.8 mg/L into a number of equal
						intervals. DOi is the lower bound of each interval (i)
						and
ti
is the allowable number of days
						that the DO concentration can be within that interval. The actual number of
						days that the measured DO concentration falls within each interval (i) is
						divided by the allowable number of days that the DO can fall within interval
						(
ti
). The sum of the quotients of all
						intervals (i...n) cannot exceed 1.0:
i.e.,
n
ti
								  (actual)
[SIGMA]
< 1.0
i
=1
ti
								  (allowed)
The DO concentration shall not fall below the acute
						standard of 3.0 mg/L at any time.
SA, SB, SC, SD
Acute: Shall not be less than 3.0 mg/L at any
								  time.
I
Shall not be less than 4.0 mg/L at any time.
Dissolved solids
A-Special
Shall not exceed 200 mg/L.
AA, A, B, C, AA-Special, GA
Shall be kept as low as practicable to maintain the
								  best usage of waters but in no case shall it exceed 500 mg/L.
Odor
GA
Shall not exceed a threshold odor number of 3.
Color
GA
Shall not exceed 15 color units (platinum-cobalt
								  method).
Turbidity
GA
Shall not exceed 5 nephelometric units.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 2 - CLASSIFICATIONS AND STANDARDS OF QUALITY AND PURITY › Part 703 - Surface Water and Groundwater Quality Standards and Groundwater Effluent Limitations › Section 703.4 - Water quality standards for coliforms, enterococci, and E. coli.

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Total coliforms (number per 100 ml).
Classes
Standard
AA
The monthly median value and more than 20 percent of
									 the samples, from a minimum of five examinations, shall not exceed 50 and 240,
									 respectively.
A, B, C, D, SB, SC, I, SD
The monthly median value and more than 20 percent of
									 the samples, from a minimum of five examinations, shall not exceed 2,400 and 5,000,
									 respectively.
SA
The median most probable number (MPN) value in any
									 series of representative samples shall not be in excess of 70.
A-Special
The geometric mean, of not less than five samples,
									 taken over not more than a 30-day period shall not exceed 1,000.
GA
The maximum allowable limit is 50.
(b)
					 Fecal coliforms (number per 100 ml).
A, B, C, D, SB, SC, I, SD
The monthly geometric mean, from a minimum of five
									 examinations, shall not exceed 200.
A-Special
The geometric mean, of not less than five samples,
									 taken over not more than a 30-day period shall not exceed 200.
SA
In any series of representative samples, the median
									 (or geometric mean) MPN per 100 milliliters of sample shall not exceed 14 and no
									 more than 10 percent of the samples shall have MPN per 100 milliliters of sample in
									 excess of 49 when using a multiple dilution fermentation tube test which examines
									 three 10-milliliter sample portions, three one-milliliter sample portions and three
									 one-tenth (0.1) milliliter sample portions.
(c)
					 The total and fecal coliform standards for classes B, C, D, SB, SC and I shall be
					 met during all periods:
(1) when disinfection is
					 required for SPDES permitted discharges directly into, or affecting the best usage
					 of, the water; or
(2) when the department
					 determines it necessary to protect human health.