Relates to the water quality standards for coliform; repealer

The purpose of this bill is to amend the Environmental Conservation Law (ECL) to eliminate outdated language regarding water quality standards for coliform.

Summary of Provisions:

Section 1 of this bill repeals subparagraphs 1, 2, 4, and 7 of ECL 17-0301(5)(c) which set forth specific coliform standards for drinking water supplies, recreation, and shellfishing; and renumbers subpara- graphs 3, 5 and 6.

Section 2 of this bill amends the opening paragraph and subparagraphs 1 and 3 of ECL § 17-0301(5)(c) to make conforming changes.

Section 3 of this bill provides that this bill would take effect imme- diately.

Existing Law:

ECL § 17-0301 provides the Department of Environmental Conservation (DEC) with the regulatory authority to adopt standards of water quality and purity to protect the public use and benefit of the State's waters. It provides DEC with the discretion to select which pollutants to regu- late and the appropriate standards to apply, except for coliform. Unlike other pollutants, the standards for coliform are specifically set forth in statute in ECL § 17-0301(5)(c).

Prior Legislative History:

S. 6986 (DEC 6-14) passed the Senate in 2014.

Statement in Support:

Currently, every criteria for pollutants for which DEC establishes water quality standards are set in regulation with the exception of coliform. The specificity in the current law with regard to coliform is unneces- sary and imposes standards that are inconsistent with currently accepted science for protecting public health and the quality of the State's waters for swimming.

The U.S. Environmental Protection Agency (EPA) in November 2012 issued Recreational Water Quality Criteria recommendations for pathogens and

pathogen indicators to protect human health in waters designated for primary contact recreation use. These criteria are based on the use of two bacterial indicators of fecal contamination, E. coli and enterococ- ci. The EPA criteria are based on the most recent science and these indicators are more accurate predictors of human gastrointestinal illness resulting from swimming than the long-outdated coliform stand- ards in the ECL. If the coliform water quality standards in the ECL are not repealed, many municipalities and others operating wastewater treat- ment plants would be subject to both a statutory requirement for coli- form and a regulatory requirement for enterococci at potentially great expense to permitted dischargers and taxpayers.

Standards for indicators of fecal bacteria are already in two separate sections of DEC's regulations in 6 NYCRR: Part 703, "Surface Water and Groundwater Quality Standards and Groundwater Effluent Limitations," and Part 47, "Certification of Shellfish Lands." ECL §§ 13-0307 and 13-0319 authorize DEC to promulgate standards for the sanitary conditions of shellfish lands, and DEC has done so for several decades to protect public health and remain in compliance with the requirements of the National Shellfish Sanitation Program. DEC, therefore, has no current plans to change the standards for shellfish waters set forth in Part 47. DEC plans to amend Part 703 to meet the new EPA criteria. Any changes to the standards set forth in DEC's regulations would be subject to State Administrative Procedure Act requirements, including notice of any proposed changes and the opportunity for public comment. There would be no loss of protection for the State's waters and their best usage for swimming and shellfishing for human consumption. Adopting standards for pathogens and indicators of pathogens through a rulemaking provides greater flexibility for DEC to set the most appropriate standards to protect water quality and human health, reflecting the most recent science and EPA's requirements.

Budget implications:

None.

Local impact:

This bill would ensure that local governments need to comply only with EPA required standards and not competing State standards as well, which could have significant cost implications for local wastewater treatment plants.

Effective Date:

This act shall take effect immediately.