New York Codes, Rules and Regulations
Title 21 - Miscellaneous
Chapter XVIII - Delaware River Basin Commission
Subchapter B - Water Quality Regulations
Part 861 - Application Of Standards (article 4)
Section 861.6A - Application of criteria for toxic pollutants
Universal Citation: 21 NY Comp Codes Rules and Regs ยง 861.6A
Current through Register Vol. 46, No. 39, September 25, 2024
(a) Delaware River estuary.
(1) In establishing wasteload allocations and
other effluent requirements, exceedances of stream quality objectives for the
protection of aquatic life from acute effects may be permitted in small areas
near outfall structures, provided that all of the following requirements are
met.
(i) As a guideline, the dimensions of
the area where objectives are exceeded should be limited to the more stringent
of the following restrictions:
(a) a distance
of 50 times the discharge length scale in any direction from the outfall
structure; or
(b) a distance of
five times the local water depth in any direction from the outfall
structure.
(ii) Stream
quality objectives shall not be exceeded in areas designated as critical
habitat for fish and benthic organisms.
(iii) Stream quality objectives shall not be
exceeded where effluent flows over exposed benthic habitat prior to mixing with
the receiving waters.
(iv) A zone
of passage for free-swimming and drifting organisms equal to 50 percent of the
surface width of the river at the location of the discharge shall be
provided.
(v) The total surface
area of the Delaware River estuary where stream quality objectives for the
protection of aquatic life from acute effects are exceeded shall be limited to:
(a) five percent of the total surface area of
zones 2, 3 and 4; and
(b) five
percent of the total surface area of zone 5.
(vi) Upon the request of one or more
dischargers, the executive director may consider requests for alternatives to
the requirements of subparagraphs (i)-(v) of this paragraph. Such requests
shall provide a demonstration that the alternative requirement requested will
not adversely impact free-swimming, drifting and benthic organisms. The
demonstration(s) shall provide a sound rationale, and be supported by
substantial scientific data and analysis. The methodology and form of the
demonstration shall be approved by the executive director. The executive
director may reject any requests which are not substantive. The commission may
establish alternative areas where acute stream quality objectives may be
exceeded based upon the evaluation of submitted demonstrations.
(vii) The executive director may consider
requests to conduct studies to confirm the mixing characteristics and the
predicted dilution isopleths of a discharge. Such requests shall provide a
demonstration based upon sound scientific and technical rationale, and be
supported by substantial data and analysis. The methodology and form of the
demonstration shall be approved by the executive director. The executive
director may reject any requests which are not substantive. The commission may
establish alternative dilution factors based upon the evaluation of submitted
demonstrations.
(2) For
those stream quality objectives whose numerical value is related to hardness, a
median hardness value of 74 mg/l as CaCO 3 shall be used
to represent the hardness of the receiving water for the purposes of
determining the numerical value of those objectives. This median hardness value
shall be used to establish the aquatic life objective for protection from
chronic effects; and in conjunction with the site-specific median hardness
value of the effluent and the dilution factor, the aquatic life objective for
protection from acute effects.
(3)
For those stream quality objectives whose numerical value is related to pH, a
median pH value of 7.1 shall be used to represent the pH of the receiving water
for the purposes of determining the numerical value of those objectives. This
median pH value shall be used to establish the aquatic life objective for
protection from chronic effects; and in conjunction with the site-specific
median pH value of the effluent and the dilution factor, the aquatic life
objective for protection from acute effects.
(4) Assumptions for estuarine mixing.
Complete vertical and lateral mixing shall be assumed in the estuary in
applying chronic aquatic life and human health stream quality objectives under
design conditions. Site-specific data which does not support this assumption
will be considered by the executive director in establishing allocations to
discharges.
(5) Deriving total
recoverable wasteload allocations for metals. Wasteload allocations developed
from the dissolved stream quality objectives for seven cationic metals shall be
converted into total recoverable wasteload allocations using a translator. The
translator shall be determined using procedures specified by the commission. In
the absence of data to develop a translator for any of the metals, the
reciprocal of the conversion factor established under section
860.3(c)(2) of
this Title shall be used for the translator.
(b) Definitions.
(1) Critical habitat. Specific areas within
the tidal Delaware River which are or could be occupied by a species absent the
toxic effect of pollutants; and which have those physical, chemical and
biological features which are essential to the conservation and maintenance of
the Delaware estuary population. The commission shall identify and determine
critical habitat within the tidal Delaware River. Such determination shall
consider the spatial and temporal requirements of the species including
critical life stages. Determinations shall be governed by the commission's
rules of practice and procedure relating to review, hearing and decisions of
objections thereto.
(2) Discharge
length scale. The square root of the cross-sectional area of any discharge
outlet.
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