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

Triennial Review 2013 Triennial Review 2013 New Mexico’s Surface Water Quality Standards l 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 Section 101(a) ti 101( ) “…restore and maintain the chemical, physical, “ t d i t i th h i l h i l 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." 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 � Serve the purposes of the Clean Water Act S th f th Cl W t A t 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 Tribes update their water quality standards (WQS) d t th i t lit t d 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 to hold N M i ’ WQS l i th t t t h ld public hearings at least every three years and the public is invited to identify issues of concern in the WQS WQS and to propose revisions for consideration d t i i f id ti 20.6.4.10 NMAC

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

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

Criteria Criteria Water Quality Criteria Water Quality Criteria WQS criteria can be narrative (descriptive) or numeric. General - Applicable to all surface waters of NM. G l A li bl t ll s f t s f 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 Public Meetings NMED presents Discussion Draft & January – February Draft to WQCC Public Comments 2014 January 2014 January 2014 December 2013 D b 2013 Hearing Officer Develops Schedule/ Release of Public Notice Scoping & March 2014 WQCC Hearing Public Comments (September 2014?) April -May 2013 NMED Files Petition with WQCC July 2014 Parties File Parties File Rebuttal Testimony Parties File Other Parties Testimony Testimony File Petitions File Petitions Just getting started – many more opportunities to participate!

Post-Triennial Review Process Post-Triennial Review Process 1) After Triennial Hearing ) f l 2) EPA Review of WQS � WQCC adopts revised � WQS revisions published WQS WQS in NM Register are i NM R i t reviewed by EPA with all � WQCC (SWQB) supporting documents pp g publishes final WQS in publishes final WQS in NM Register � EPA approves (within 60 days) or disapproves � WQCC submits (within 90 days) revisions (within 90 days) revisions published WQS bli h d WQ revisions and all � Once approved, WQS are supporting documents to pp g implemented for CWA p EPA (signed by WQCC purposes chair)

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 temperature. tu � 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. � EPA’s Level IV Ecoregions may be applied in the EP ’ l E b l d h 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 � Temperature – Use of T t U f Maximum Weekly Average Temperature (MWAT) p ( ) instead of 4T3/6T3. � Segment Specific ifi 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 Identification of uses not Identification of uses not 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