Statewide - New/Revised NYS DEC Division of Water Technical and Operational Guidance Series Documents Related to the Control of Phosphorus in Ambient Freshwaters

Public Notice

Notice of New York State Department of Environmental Conservation (NYS DEC) Program Policy

New/Revised NYS DEC Division of Water Technical and Operational Guidance Series Documents Related to the Control of Phosphorus in Ambient Freshwaters

The NYS DEC - Division of Water is releasing two (2) draft Technical and Operational Guidance Series (TOGS) documents for public review and comment. The draft TOGS documents being released include:

• An Addendum to "TOGS 1.1.1: Ambient Water Quality Standards and Guidance Values and Groundwater Effluent Limitations." The draft TOGS addendum establishes water quality guidance values (GVs) for total phosphorus to protect human health and aquatic life. The total phosphorus guidance values include linked biological response variable that aid in determining nutrient based impacts.

• An updated "TOGS 1.3.6: Phosphorus Removal for Wastewater Discharges." The updated TOGS establishes the State Pollutant Discharge Elimination System (SPDES) permitting strategy for achieving phosphorus reductions in watersheds across New York State. The revised draft expands the applicability from new and expanding facilities discharging to ponded waters to include flowing waters and existing facilities identified as discharging to waterbodies exceeding, or at risk of exceeding, the proposed phosphorus guidance values. Updating TOGS 1.3.6 is necessary to implement phosphorus reductions more broadly and ensure phosphorus reductions are achieved in an environmentally meaningful and economically feasible way.

6 NYCRR § 703.2 defines narrative Water Quality Standards (WQS) for various pollutants including "Phosphorus and nitrogen" The narrative nutrient standard states "None in amounts that will result in growths of algae, weeds and slimes that will impair the waters for their best usages." The proposed GVs for phosphorus, along with the associated biological response variables are a numeric interpretation of the narrative nutrient standard, derived per the procedures in 6 NYCRR § 702.15.

Public Comment on the Draft TOGS

The public comment period commences on December 24, 2024. Written statements may be submitted to NYS DEC - Division of Water, 625 Broadway, 4th Floor, Albany, NY 12233-3500, attention: Gwendolyn Temple or by email to [email protected]. Written statements must be submitted to the NYS DEC by 11:59 p.m. on February 24, 2025.

Available Documents

The full text of the draft TOGS documents and additional supporting information can be found at https://dec.ny.gov/environmental-protection/water/water-quality/standar… or by contacting the NYS DEC (see below).