Planning And Management

The Vision Approach outlines how waterbodies are prioritized for Restoration or Protection. 

• Restoration plans are developed by NYS’s 303(d) Program. These plans include Total Maximum Daily Loads (TMDLs) and Advanced Restoration Plans (ARPs) whenever a waterbody is impaired for a defined pollutant according to the NYS’s Consolidated Assessment and Listing Methodology (CALM). TMDLs and ARPs can be developed to serve as both restorative and protective, depending on the type of watershed and waterbody. 
• Protection plans may be included as part of a larger TMDL in conjunction with restoration goals but are typically covered by other state Clean Water Plan Programs such as 9 Element Plans (9E) and Drinking Water Source Protection Plans (DWSP2). Protection plans can focus on preventing a waterbody from becoming impaired or preserving high quality waterbodies.

Waterbodies are considered for restoration or protection based upon NYS’s Integrated Reporting (IR) under Section 305(b) of the Clean Water Act whereby states report the quality of their waters to the EPA every two years. With its IR submission, a state must also provide a CALM that documents the decision-making process for assessing and reporting on the quality of water in the IR. In accordance with DEC’s CALM, the assessment of waterbody segments is conducted by evaluating water quality data to determine whether they meet applicable water quality standards as adopted in Title 6 of the New York Codes, Rules and Regulations (6 NYCRR), Chapter X, Part 703. Waters are classified for their best uses (fishing, source of drinking water, etc.). Water quality standards are developed to protect best uses and when they are not being met, best uses are not supported. Waterbodies are categorized into five IR categories based upon availability of data and whether there are excursions of water quality standards. 

Waterbodies not meeting standards as reported as Impaired on the 303(d) list. DEC defines waterbodies in need of restoration plans as those in IR Category 5 which are Impaired and require a TMDL or 5r for which an alternative to a TMDL may be considered. Waterbodies in the remaining four categories can be considered for protection plan development. 

As part of Integrated Reporting, DEC develops the 303(d) list, which lists all Impaired waterbodies into IR Category 5, that need a TMDL or IR Category 5r, which have the potential for a TMDL alternative. Waterbodies in these categories need restoration to achieve water quality standards.

Advanced Restoration Plans (ARP)

EPA recognizes that there are cases where pursuing an alternative restoration approach before developing a TMDL may provide a more immediately beneficial or practicable path to restore water quality for those impaired waterbodies. Water quality standards may be achieved in these waterbodies through permit modifications, implementing an existing management plan, such as a Long-Term Control Plan, and/or concluding other planned activities are likely to result in restoration. 

States may develop ARPs that include a description of actions, with a schedule and milestones, that is more immediately beneficial or practicable to achieving water quality standards. An impaired water for which a state pursues an alternative ARP approach to achieve water quality standards would remain on the 303(d) list and still require TMDL until water quality standards are attained, but states may delay the development of a TMDL until after the ARP is implemented and water quality is re-evaluated.

Waterbodies in Category 5r are prioritized for ARP development opportunistically based on availability of alternative strategies and DEC staff time to develop the plan in conjunction with other Vision priorities.

Total Maximum Daily Load (TMDL)

A TMDL is a type of regulatory clean water plan that calculates the maximum amount of a single pollutant that a waterbody can receive and still meet water quality standards. Section 303(d) of the Clean Water Act also requires states to identify impaired waters, where designated uses are not fully supported. These waterbodies are then listed on the Clean Water Act 303(d) "impaired waters" list. Waterbodies may have been identified as impaired due to fish consumption advisories, shellfishing closures, public bathing beach closures, or sampling results (high nutrient levels, turbidity, toxic sediments). The Clean Water Act also requires states to develop TMDLs for impaired waterbodies on the 303(d) list to reduce the amount of pollutants entering impaired waterbodies to meet water quality standards. TMDL plans may also be developed to protect waterbodies from becoming impaired - for example, protecting public drinking water supplies to protect human health. DEC develops TMDLs and EPA approves them. The Total Maximum Daily Load: An introduction (PDF) factsheet describes why TMDLs are needed, the information needed to develop a TMDL and plan outcomes.

The four steps for TMDL prioritization are summarized below:

Prioritization

1. Define Priority Pollutants

As in NY’s 2015 Vision, the priority concerns for NY’s 2022-2032 Vision remain impairments caused by total phosphorus (and associated low dissolved oxygen) and fecal coliform. These impairments account for 495 out of the 1,003 impairments in the Final 2020/2022 303(d) list (Figure 2) or approximately 49% of the impairments throughout the state. While these impairments will be the primary focus for TMDL development over the next 10 years, DEC may develop a TMDL for any other pollutant impairment when it is deemed needed and appropriate. 

Total phosphorus and fecal coliform impairments have the potential to impact human health, particularly with respect to drinking water. While indirect, excess phosphorus in aquatic ecosystems, coupled with other factors such as warm temperatures, can contribute to low dissolved oxygen, development of harmful algal blooms, excess growth of aquatic plants, impacts to aquatic life, excess turbidity, and formation of disinfection byproducts (DBPs) in chlorinated water supplies. By focusing on these impairments, DEC will target efforts on minimizing the human health impacts associated with pollutants that are introduced to the waterbody or augmented due to inputs from the landscape.

2. Evaluation of Waterbodies Based on Priority Factors

Priority pollutant impaired waters are evaluated using several Priority Factors to further and prioritize waterbodies for TMDL development. Priority Factors are those that indicate that the impairment could impact public health, public water supplies, and/or Potential Environmental Justice Areas (EJ) or Disadvantaged Communities (DAC). Priority Factors also consider the extent of the waterbody impairment, such as how many pollutants the waterbody is impaired for, what best uses of the waterbody are impaired, and if the waterbody experiences harmful algal blooms. A summary of the rationale of factors being evaluated are included in the table below (note that these are nor ranked in any specific order). Once the Priority Factors are applied to the waterbodies, the scores are tabulated, with the higher ranking indicating further considered for feasibility of TMDL development.

3. Analyze Waterbodies for TMDL Feasibility

After waterbodies are scored with Priority Factors, Feasibility Factors are applied to each waterbody (Table 2). Feasibility factors are approached wholistically, and no numeric scoring is applied. Final determination of Feasibility Factors is made by NYS’s 303(d) Program and may also include conversations with Partners (see below). This allows NYS’s 303(d) program to be flexible, adaptive, and opportunistic for various Clean Water Planning needs as they occur.

4. Define Timeline and Waterbodies for TMDL Development

EPA requires that DEC make commitments for TMDL development every two years through the Integrated Reporting Process. DEC will use this Vision methodology to prioritize waterbodies for Clean Water Plan development on each bi-annual 303(d) list, through 2032. 

The Vision methodology will be applied to the waterbodies on the biannual 303(d) list to develop the high priority waterbodies for the next. For the two-year period commitments, DEC will prioritize any TMDLs that DEC has already committed to through previous commitments to EPA, Long-Term Control Plans, or Memorandums of Understanding. Additional waterbodies will be added based upon the highest-ranking waterbodies designated by this Vision methodology. The number of TMDLs that DEC commits to during any given two-year period will vary based upon complexity of the TMDLs, available staff-time to complete modeling and TMDLs, and available funds to complete complex models.

Protecting waterbodies is extremely important to DEC because protection planning can prevent deterioration of waterbodies or preserve high quality waters. DEC has multiple programs to support the protection of water quality, including community driven Nine Element Plans and Drinking Source Water Protection Plans (DWSP2s). DEC has also developed HAB Action Plans for thirteen lakes that represent a wide range of conditions and vulnerabilities to HABs. DEC does not have an active prioritization system for protection plans which are developed opportunistically when there is enough community interest to support plan development. 

Data for Clean Water Plan Development

Clean Water Planning requires high quality data to support assessments and Integrated Reporting, as well as for conducting the necessary analyses for watershed and waterbody characterization, modeling, and plan development. Data collection requirements for Integrated Reporting can be found in the CALM.

NYS has a comprehensive Monitoring Program Strategy that serves all water quality management needs and addresses all State waterbody types: flowing waters (streams and rivers), ponded waters (lakes, reservoirs, and ponds), the Great Lakes and their embayments, estuaries and coastal areas, wetlands, and groundwater. Data that is used for assessments and Clean Water Plan Development adheres to the Division of Water Quality Assurance requirements and meets requirements of the Clean Water Act and New York State Environmental Conservation Law Article 17 and Section 502 of New York Public Health Law. Data used for assessments, including data provided by the public, is quality controlled and must be analyzed in a NYS-accredited laboratory.

Clean water plans often require additional data to further characterize watersheds and waterbodies and develop computer models. Data used in the development and implementation of clean water plans adhere to the same data requirements as those used for assessments. Any model built for a Clean Water Plan is required to develop a Quality Assurance Project Plan before model development begins where data needs and sources are identified and described. Developed models are evaluated for performance against the performance requirements of the QAPP by Division of Water quality assurance officers (or assistants). Often, Vision Program will leverage data from Partners to develop and complete clean water plans. These data also must adhere to the same data requirements as those used for assessments. Examples of data considered in Clean Water Plan development:

• Division of Water Monitoring Data Portal – Water quality data
• EPA’s WQX Database – Water quality data
• USGS NWIS – Water quality data, streamflow, waterbody elevation data
• NYS GIS Clearinghouse – geospatial data for soils, slopes, land use/cover, and other information like location of permitted facilities
• Other academic or private sources

Data for Communicating with Stakeholders and the Public

DEC continues to examine different formats and opportunities to communicate water quality data and information to the public. DEC currently maintains the following websites to inform the public about water quality monitoring, assessment and planning:

• Monitoring Data
  • Division of Water Monitoring Data Portal
• Information
  • Open NY 
  • DECinfo Locator 
  • Water Quality Management - DEC
  • Emerging Contaminants in NY’s Waters
• Implementation Resources
  • Water Grants Data Portal
  • EFC Project Dashboard
  • NYS Bond Act Projects
  • Resilient NY
  • Funding Finder tool

DEC also maintains an internal Nonpoint Source Database that stores state-funded nonpoint source best management practice implementation projects and calculated load reductions for total phosphorus, total nitrogen and total suspended solids. This information is reported to EPA on annual basis through EPA’s Grants Tracking and Reporting System. DEC continues to improve its data systems and is currently working to make this information accessible to the public. Finally, DEC works with other state agencies, like the Department of Agriculture and Markets, to understand implementation in NYS.

State Agency Partners

Clean Water Planning takes considerable support from multiple DEC Programs and other federal, state, and local partnerships. For Clean Water Plan Development, DEC staff collaborate closely with Division of Water’s Monitoring and Assessment, Permit, and Compliance staff, other DEC Divisions, such as the Division of Fish and Wildlife, and DEC regional staff.

Federal partnerships include USEPA, USDA-NRCS, USGS, and USFWS.

DEC partners with other state agencies to develop watershed-based plans and support programs and funding opportunities to improve water quality. Key state agency partners include: 

• NYS Department of Agriculture and Markets
• NYS Department of State 
• NYS Department of Health
• NYS Parks, Recreation and Historic Preservation
• NYS Environmental Facilities Corporation
• NYS Office of General Services
• NYS Association Regional Councils

DEC Watershed Programs

DEC invests in Watershed-Based Programs to focus staff and resources to watershed specific needs. At the time of 2022-2032 Vision publication, DEC has nine watershed programs. These watershed programs are watershed-focused experts, whose programs combined cover 41,000 mi2 (or 76%) of NYS with 900 mi2 of lake area and more than 71,000 mi of flowing waters. These programs partner with local, state and federal agencies, non-for-profits and other interested parties to define goals and actions within their watersheds that will protect and restore water quality and other natural resources. Several watershed programs develop watershed scale Action Agendas that are broad planning tools in close collaboration with stakeholders. Action Agendas identify major goals and objectives to focus restoration and protection management actions and community engagement activities.

Watershed Coalitions

DEC partners with watershed-based Coalitions of Soil and Water Conservation Districts, or other local governmental agencies to further clean water plan development and implementation. DEC has made substantial Clean Water Planning progress and has learned that in many watersheds, nonpoint sources are very large pollution sources that require local capacity to further best management practice implementation to meet pollution reduction targets and water quality goals.

Other Groups

DEC strives to involve stakeholders and works extensively with partners in other agencies and with the public pursuant to DEC’s policies related to Environmental Justice, Indian Nations and numerous other DEC-led initiatives. DEC continues to improve and build on the demonstrated success of established partnerships including local community groups, like lake associations. Additional non-governmental partnerships include, but are not limited to, the New York Federation of Lake Associations, Cornell Water Resources Institute, and the Center for Clean Water Technology. 

DEC will continue to maintain and enhance these partnerships and work with additional local partners to improve water quality. Specific partnerships, projects and accomplishments that have been effective in addressing pollution in watersheds throughout the state are highlighted within the Nonpoint Source Annual Reports available at: Nonpoint Source Program Reporting – NYS Dept. of Environmental Conservation.

DEC is committed to incorporating EPA’s four cross-cutting focus areas into its 2022-2032 Vision.

Environmental Justice

Environmental justice issues are considered in DEC’s programs, including Vision priority scoring, through New York’s Climate Leadership and Community Protection Act as guided by New York’s Climate Justice Working Group and with Commissioner’s Policy 29 Environmental Justice and Permitting, and a consideration in NYS grant programs. 

Climate Change

DEC’s Office of Climate Change implements NYS’s climate change policies. DEC will continue to incorporate and review climate change scenarios in Clean Water Plans informed by New York State’s climate projections per the Observed and Projected Climate Change in New York State (PDF). DEC will consider additional recommendations to address climate change within Clean Water Plans as climate-related guidance becomes available. 

Tribal Water Quality and Program Development

DEC follows Commissioner’s Policy 42 (PDF) Contact, Cooperation, and Consultation With Indian Nations. DEC will consult with the Office of Indian Nation Affairs regarding matters affecting Indian Nation interests, including but limited to development of a Clean Water Plans. DEC acknowledges that any pollutant reductions or implementation projects associated with New York State’s Clean Water Plans have no force or effect within Indian Nations.

Program Capacity Building

DEC implements its policies and priorities on continuous basis through the water management cycle. This cycle consists of five basic steps, each interdependent upon the others. These steps are: (1) Monitoring, (2) Assessment, (3) Planning and Management, (4) Implementation and Permitting, and (5) Compliance and Enforcement. DEC will look for opportunities to build program capacity and improve program delivery.

DEC will continue to work cooperatively between its bureaus, divisions, and with its partner state, federal, and regional partners to maximize capacity and ensure successful implementation of the 2026-2032 Vision framework.