Adopted Amendments To 6 NYCRR 701.13 And 701.14, Clarification Of Class I And Class SD Best Usages
Adopted on May 26, 2020 and effective on June 17, 2020 upon publication in the State Register, the New York Department of Environmental Conservation (NYSDEC) amended sections 701.13 and 701.14 of Title 6 of the Official Compilation of Codes, Rules, and Regulations of the State of New York (6 NYCRR). The amendments clarify that the best usages of Class I and Class SD saline surface waters were, and remain, "secondary contact recreation and fishing" and "fishing," respectively.
This rule making was proposed on October 23, 2019. The public comment period was open from October 23, 2019 through January 13, 2020. A Public Hearing was held on January 8, 2020 in Long Island City, NY.
The adopted amendments to 6 NYCRR §§ 701.13 and 701.14 clarify the intent of NYSDEC's previous amendments to 6 NYCRR Parts 701 and 703 adopted on November 4, 2015. The 2015 amendments to 6 NYCRR Parts 701 and 703 adopted more protective total and fecal coliform water quality standards for Class I and Class SD saline surface waters. The 2020 amendments implement the clarification sought by USEPA in a January 29, 2019 letter to NYSDEC. This amendment preserves the more protective water quality standards in Part 703 and clarifies the best uses of Class I and Class SD waters in Part 701 as "secondary contact recreation and fishing" and "fishing," respectively.
Rule Making Documents
For more information on the 2020 amendments, please see the following rule making documents:
- 2020 Class I/SD Clarifying Rule Express Terms (PDF)
- 2020 Class I/SD Clarifying Rule Assessment of Public Comments (PDF)
- 2020 Class I/SD Clarifying Rule Regulatory Impact Statement (PDF)
- 2020 Class I/SD Clarifying Rule Job Impact Statement (PDF)
- 2020 Class I/SD Clarifying Rule Regulatory Flexibility Analysis for Small Business and Local Governments (PDF)
- 2020 Class I/SD Clarifying Rule Rural Area Flexibility Analysis (PDF)
Questions and Additional Information
Further information, including copies of rule making documents, are available upon request by contacting:
New York State Department of Environmental Conservation
625 Broadway, 4th Floor
Albany, NY 12233-3500, ATTN: Michelle Tompkins
Phone: (518) 402-8179
Email: [email protected]