New York Codes, Rules and Regulations
Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Chapter X - DIVISION OF WATER RESOURCES
Subchapter A - GENERAL
Article 2 - CLASSIFICATIONS AND STANDARDS OF QUALITY AND PURITY
Part 704 - Criteria Governing Thermal Discharges
Section 704.2 - Criteria governing thermal discharges
Universal Citation: 6 NY Comp Codes Rules and Regs ยง 704.2
Current through Register Vol. 46, No. 39, September 25, 2024
(a) General criteria. The following criteria shall apply to all waters of the State receiving thermal discharges, except as provided in section 704.6 of this Part:
(1) The natural seasonal cycle
shall be retained.
(2) Annual
spring and fall temperature changes shall be gradual.
(3) Large day-to-day temperature fluctuations
due to heat of artificial origin shall be avoided.
(4) Development or growth of nuisance
organisms shall not occur in contravention of water quality
standards.
(5) Discharges which
would lower receiving water temperature shall not cause a violation of water
quality standards and section
704.3 of
this Part.
(6) For the protection
of the aquatic biota from severe temperature changes, routine shut down of an
entire thermal discharge at any site shall not be scheduled during the period
from December through March.
(b) Special criteria. The following criteria shall apply to all waters of the State receiving thermal discharges, except as provided in section 704.6 of this Part:
(1) Nontrout waters.
(i) The water temperature at the surface of a
stream shall not be raised to more than 90 degrees Fahrenheit at any
point.
(ii) At least 50 percent of
the cross sectional area and/or volume of flow of the stream including a
minimum of one-third of the surface as measured from shore to shore shall not
be raised to more than five Fahrenheit degrees over the temperature that
existed before the addition of heat of artificial origin or to a maximum of 86
degrees Fahrenheit whichever is less.
(iii) At least 50 percent of the cross
sectional area and/or volume of flow of the stream including a minimum of
one-third of the surface as measured from shore to shore shall not be lowered
more than five Fahrenheit degrees from the temperature that existed immediately
prior to such lowering.
(2) Trout waters (T or TS).
(i) No discharge at a temperature over 70
degrees Fahrenheit shall be permitted at any time to streams classified for
trout.
(ii) From June through
September no discharge shall be permitted that will raise the temperature of
the stream more than two Fahrenheit degrees over that which existed before the
addition of heat of artificial origin.
(iii) From October through May no discharge
shall be permitted that will raise the temperature of the stream more than five
Fahrenheit degrees over that which existed before the addition of heat of
artificial origin or to a maximum of 50 degrees Fahrenheit whichever is
less.
(iv) From June through
September no discharge shall be permitted that will lower the temperature of
the stream more than two Fahrenheit degrees from that which existed immediately
prior to such lowering.
(3) Lakes.
(i) The water temperature at the surface of a
lake shall not be raised more than three Fahrenheit degrees over the
temperature that existed before the addition of heat of artificial
origin.
(ii) In lakes subject to
stratification as defined in Part 652 of this Title, thermal discharges that
will raise the temperature of the receiving waters shall be confined to the
epilimnion.
(iii) In lakes subject
to stratification as defined in Part 652 of this Title, thermal discharges that
will lower the temperature of the receiving waters shall be discharged to the
hypolimnion and shall meet the water quality standards contained in Part 703 of
this Title in all respects.
(4) Coastal waters.
(i) The water temperature at the surface of
coastal waters shall not be raised more than four Fahrenheit degrees from
October through June nor more than 1.5 Fahrenheit degrees from July through
September over that which existed before the addition of heat of artificial
origin.
(ii) The water temperature
at the surface of coastal waters shall not be lowered more than four Fahrenheit
degrees from October through June nor more than 1.5 Fahrenheit degrees from
July through September from that which existed immediately prior to such
lowering.
(5) Estuaries
or portions of estuaries.
(i) The water
temperature at the surface of an estuary shall not be raised to more than 90
degrees Fahrenheit at any point.
(ii) At least 50 percent of the cross
sectional area and/or volume of the flow of the estuary including a minimum of
one-third of the surface as measured from water edge to water edge at any stage
of tide, shall not be raised to more than four Fahrenheit degrees over the
temperature that existed before the addition of heat of artificial origin or a
maximum of 83 degrees Fahrenheit whichever is less.
(iii) From July through September, if the
water temperature at the surface of an estuary before the addition of heat of
artificial origin is more than 83 degrees Fahrenheit an increase in temperature
not to exceed 1.5 Fahrenheit degrees at any point of the estuarine passageway
as delineated above, may be permitted.
(iv) At least 50 percent of the cross
sectional area and/or volume of the flow of the estuary including a minimum of
one-third of the surface as measured from water edge to water edge at any stage
of tide, shall not be lowered more than four Fahrenheit degrees from the
temperature that existed immediately prior to such lowering.
(6) Enclosed bays. No additional
temperature change except that which occurs naturally shall be permitted in
enclosed bays.
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