New Mexico s Surface Water Quality Standards

Transcription

1 Triennial Review 2013 New Mexico s Surface Water Quality Standards New Mexico Municipal Environmental Quality Association - Spring Meeting May 10, 2013 James Hogan, Chief Surface Water Quality Bureau

2 Overview Water Quality Standards 101 Triennial Review Process State Proposals Questions & Comments

3 Water Quality Standards 101 The Federal Clean Water Act (CWA) Section 101(a) restore and maintain i the chemical, physical, and biological integrity of the Nation s waters. provides for the protection and propagation of fish, shellfish, and wildlife, and provides for recreation in and on the water."

4 Requirements of the CWA Section 303(c) of the CWA and the New Mexico Water Quality Act require development of the State s water quality standards (WQS) to: Protect public health or welfare Enhance the quality of water Serve the purposes of the Clean Water Act 40 CFR ; NMAC

5 Requirements of the CWA Section 303 (c) of the CWA also requires States & Tib Tribes update dt thi their water quality standards d (WQS) periodically, but at least every three years. This process is known as a Triennial Review. New Mexico s WQS also require the state t to hold public hearings at least every three years and the public is invited to identify issues of concern in the WQS and to propose revisions i for consideration NMAC

6 Water Quality Standards must include these elements: Designated Uses Criteria Antidegradation Provisions

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

8 Water Quality Criteria Criteria WQS criteria can be narrative (descriptive) or numeric. 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.

9 Antidegradation The antidegradation policy and implementation plan protect: Water quality necessary to support uses Water quality where the quality is better than necessary to protect fishable/swimmable uses Outstanding National Resource Waters NMAC

10 Triennial Review Process Discussion Draft & Public Comments December 2013 NMED presents Draft to WQCC January 2014 Public Meetings January February 2014 Scoping & Public Comments April -May 2013 Parties File Rebuttal Testimony WQCC Hearing (September 2014?) Parties File Testimony Hearing Officer Develops Schedule/ Release of Public Notice March 2014 NMED Files Petition with WQCC July 2014 Other Parties File Petitions Just getting started many more opportunities to participate!

11 Post-Triennial Review Process 1) After Triennial Hearing WQCC adopts revised WQS WQCC (SWQB) publishes final WQS in NM Register WQCC submits published WQS revisions and all supporting documents to EPA (signed by WQCC chair) 2) EPA Review of WQS WQS revisions published in NM Register are reviewed by EPA with all supporting documents EPA approves (within 60 days) or disapproves (within 90 days) revisions Once approved, WQS are implemented for CWA purposes

12 State Proposals 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. List ephemeral waters ( NMAC) pursuant to Subsection C of Section NMAC. Review waters with limited aquatic life and secondary contact designated uses. Clarify applicability of criteria or correct grammatical errors.

13 State Proposals Segment-specific standards for appropriate aquatic life protections Gila/Mimbres Basin UAA. Current aquatic life uses are impaired by temperature. tu Use Attainability Analysis (UAA) studies are recommended to identify the highest attainable aquatic life use(s) in the Gila River watersheds. In the current WQS, waters listed in the Gila River watersheds are in five classified segments: NMAC 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.

14 State Proposals Provision for Temporary Site-Specific Water Quality Standards (WQS) Allows temporary site-specific standards to be proposed, adopted and implemented. Applicable when the state determines the 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. Supporting procedures in the Water Quality Management Plan (WQMP) for implementation.

15 State Proposals Designated Use Updates (and Criteria) Review waters with limited aquatic life and secondary contact designated uses (CWA requirement) - update if appropriate. Aquatic life updates to uses and criteria e.g. 16 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).

16 State Proposals List Unclassified Ephemeral Waters List ephemeral waters under NMAC; pursuant to Subsection C of Section NMAC Hydrology Protocol (HP) UAA process is in WQMP (Appendix C) 18 HP UAAs technically approved by EPA for implementation on SWQB WQS website:

17 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. Perform comparison of criteria calculated by EPA TSD method with criteria currently adopted for these 6 pollutants first. Priorities for other parameters or pollutants are to be determined.

18 State Proposals Other Considerations Temperature Use of Maximum Weekly Average Temperature (MWAT) instead of 4T3/6T3. Segment Specific Proposals - UAAs in San Juan River Basin - Aquatic Life Uses in Animas River segments ( and NMAC).

19 Your input is invited! What can you do? Help identify where uses need are not appropriate (i.e., secondary should be primary). Identification of uses not in WQS (i.e., public drinking water sources). Provide comments on proposals. Other WQS issues

20 You may also visit the SWQB website and sign up to receive updates and public notices. / /

21 For more information: Kristine Pintado New Mexico Environment Department Surface Water Quality Bureau (505)