Triennial Review 2013 Triennial Review 2013 New Mexicos Surface - - PowerPoint PPT Presentation

Triennial Review 2013 Triennial Review 2013 New Mexico’s Surface l Water Quality Standards

New Mexico Municipal p Environmental Quality Association - Spring Meeting

May 10, 2013 James Hogan, Chief Surface Water Quality Bureau Surface Water Quality Bureau

Overview

“Water Quality Standards 101” Triennial Review Process Triennial Review Process State Proposals Questions & Comments Q

http://www.nmenv.state.nm.us/swqb/

“Water Quality Standards 101” Q y The Federal Clean Water Act (CWA) S ti 101( ) Section 101(a)

“ t d i t i th h i l h i l “…restore and maintain the chemical, physical, and biological integrity of the Nation’s waters.” “…provides for the protection and propagation

• f fish, shellfish, and wildlife, and provides for

recreation in and on the water." recreation in and on the water.

Requirements of the CWA q

Section 303(c) of the CWA and the New Mexico Water Quality Act require development of the State’s water quality standards (WQS) to: standards (WQS) to:

Protect public health or welfare Enhance the quality of water

S th f th Cl W t A t

Serve the purposes of the Clean Water Act

40 CFR 131 2 20 6 4 6 NMAC 40 CFR 131.2; 20.6.4.6 NMAC

Requirements of the CWA q

Section 303 (c) of the CWA also requires States & T ib d t th i t lit t d d (WQS) Tribes update their water quality standards (WQS) periodically, but at least every three years. This process is known as a Triennial Review. N M i ’ WQS l i th t t t h ld New Mexico’s WQS also require the state to hold public hearings at least every three years and the public is invited to identify issues of concern in the WQS d t i i f id ti WQS and to propose revisions for consideration 20.6.4.10 NMAC

Water Quality Standards Water Quality Standards must include these elements: must include these elements:

Designated Uses Criteria Uses Antidegradation Provisions

Designated Uses

Fishable/Swimmable Uses Other Uses

Designated Uses

Fishable/Swimmable Uses High Quality Coldwater Aquatic Life Other Uses Livestock Watering Wildlife Habitat Coldwater Aquatic Life Coolwater Aquatic Life W A i Lif Public Water Supply Irrigation Warmwater Aquatic Life Limited Aquatic Life Primary Contact Domestic Water Supply Fish Culture Primary Contact Secondary Contact 20.6.4.900 NMAC

Water Quality Criteria

Criteria

Water Quality Criteria

Criteria

WQS criteria can be narrative (descriptive) or numeric. G l A li bl t ll s f t s f NM General - Applicable to all surface waters of NM. These are typically narrative criteria. Use-Specific - Applicable to a given attainable or designated uses. Segment-Specific - Applicable to identified waterbody segment.

Antidegradation Antidegradation

The antidegradation policy and implementation plan protect: p

▪ Water quality necessary to support uses ▪ Water quality where the quality is better than

necessary to protect “fishable/swimmable” uses

▪ Outstanding National Resource Waters

20.6.4.8 NMAC

Triennial Review Process

Discussion Draft & Public Comments

D b 2013

NMED presents Draft to WQCC

January 2014

Public Meetings January – February 2014

December 2013 January 2014 Hearing Officer Develops Schedule/

WQCC Hearing

(September 2014?)

Scoping & Public Comments

April -May 2013 Release of Public Notice March 2014

Parties File NMED Files Petition with WQCC

July 2014

Other Parties File Petitions Parties File Testimony Parties File Rebuttal Testimony File Petitions Testimony

Just getting started – many more opportunities to participate!

Post-Triennial Review Process

) f l

Post-Triennial Review Process

1) After Triennial Hearing

WQCC adopts revised

WQS 2) EPA Review of WQS

WQS revisions published

i NM R i t WQS

WQCC (SWQB)

publishes final WQS in in NM Register are reviewed by EPA with all supporting documents publishes final WQS in NM Register

WQCC submits

bli h d WQ pp g

EPA approves (within 60

days) or disapproves (within 90 days) revisions published WQS revisions and all supporting documents to (within 90 days) revisions

Once approved, WQS are

implemented for CWA pp g EPA (signed by WQCC chair) p purposes

State Proposals p

Segment-specific standards for appropriate aquatic

life protections – e.g. Gila and Mimbres Basins.

Temporary site-specific standards provisions. Aquatic life updates (uses and criteria). Primary contact recreation criteria based on EPA’s

recent recommendations.

Evaluation of wildlife habitat criteria Evaluation of wildlife habitat criteria. List ephemeral waters (20.6.4.97 NMAC) pursuant to

Subsection C of Section 20.6.4.15 NMAC.

Review waters with limited aquatic life and

secondary contact designated uses.

Clarify applicability of criteria or correct

grammatical errors.

State Proposals p

Segment-specific standards for appropriate aquatic life protections – Gila/Mimbres Basin UAA. f p m

Current aquatic life uses are impaired by

t mp tu temperature.

Use Attainability Analysis (UAA) studies are

recommended to identify the highest attainable recommended to identify the highest attainable aquatic life use(s) in the Gila River watersheds.

In the current WQS, waters listed in the Gila

Q , River watersheds are in five classified segments: NMAC 20.6.4 501 through 505. EP ’ l E b l d h

EPA’s Level IV Ecoregions may be applied in the

UAA study as a basis for evaluation.

State Proposals

Provision for Temporary Site-Specific Water Quality Standards (WQS)

Allows temporary site-specific standards to be

proposed adopted and implemented proposed, adopted and implemented.

Applicable when the state determines the

numeric or narrative WQS is not achievable numeric or narrative WQS is not achievable.

The state directs EPA on application of criteria

(i e what it will be) for a period of time (i.e., what it will be) for a period of time.

Supporting procedures in the Water Quality

Management Plan (WQMP) for implementation. Management Plan (WQMP) for implementation.

State Proposals p

Designated Use Updates (and Criteria)

Review waters with limited aquatic life and

secondary contact designated uses (CWA requirement) - update if appropriate requirement) - update if appropriate.

Aquatic life updates to uses and criteria – e.g. 16

segments have multiple aquatic life uses assigned; segments have multiple aquatic life uses assigned; updates to WQS during 2009 Triennial allows most appropriate aquatic life use be assigned.

Primary contact recreation criteria based on EPA’s

recently finalized recommendations (i.e. Statistical Threshold Value in place of Single Sample Maximum).

State Proposals

List Unclassified Ephemeral Waters

List ephemeral waters under 20.6.4.97 NMAC;

pursuant to Subsection C of Section 20.6.4.15 NMAC

Hydrology Protocol (HP) UAA process is in Hydrology Protocol (HP) UAA process is in

WQMP (Appendix C)

18 HP UAAs technically approved by EPA for

implementation on SWQB WQS website: http://www.nmenv.state.nm.us/swqb/Standards/

State Proposals

Evaluate Wildlife Habitat (WH) Criteria

Current WQS contain WH criteria for 6

pollutants - Se, Hg, Cl-, Cyanide, DDT, and PCBs based on chronic aquatic life (AL) criteria based on chronic aquatic life (AL) criteria.

Perform comparison of criteria calculated by EPA

p y TSD method with criteria currently adopted for these 6 pollutants first.

Priorities for other parameters or pollutants are

to be determined. m .

State Proposals p Other Considerations

T t U f

Temperature – Use of

Maximum Weekly Average Temperature (MWAT) p ( ) instead of 4T3/6T3. ifi

Segment Specific

Proposals - UAAs in San Juan River Basin - Aquatic q Life Uses in Animas River segments (20.6.4.403 and 20 6 4 404 NMAC) 20.6.4.404 NMAC).

Your input is invited! Your input is invited!

What can you do? What can you do?

Help identify where uses

Help identify where uses

Help identify where uses

Help identify where uses need are not appropriate need are not appropriate (i.e., secondary should be (i.e., secondary should be ( , y ( , y primary). primary).

Identification of uses

Identification of uses not not

Identification of uses

Identification of uses not not in in WQS (i.e., public WQS (i.e., public drinking water sources). drinking water sources). g ) g )

Provide comments on

Provide comments on proposals proposals proposals. proposals.

Other WQS issues

Other WQS issues

You may also visit the SWQB website and sign up to receive email updates and public g p p p notices.

// / / http://www.nmenv.state.nm.us/swqb/

For more information: F m f m

Kristine Pintado New Mexico Environment Department Surface Water Quality Bureau (505) 827-2822 (505) 827 2822 kristine.pintado@state.nm.us