Saline Water Quality Standards and Reclassification – New York State Department of Environmental Conservation (.gov)

 

Report on New York State Water Quality Enhancements and Alignment with Sustainable Development Goals

Executive Summary: A Generational Initiative for Water Quality

Since July 2022, the New York State Department of Environmental Conservation (NYSDEC) has initiated a comprehensive program to upgrade water quality standards for the state’s saline waters. This report details these regulatory advancements, which represent a significant generational effort to protect public health and aquatic ecosystems. The initiative is fundamentally aligned with the United Nations Sustainable Development Goals (SDGs), particularly SDG 6 (Clean Water and Sanitation), SDG 3 (Good Health and Well-being), SDG 11 (Sustainable Cities and Communities), and SDG 14 (Life Below Water). The primary objective is to fully realize the goals of the Clean Water Act (CWA), making New York’s waters safe for fishing and swimming for current and future generations.

Strategic Framework for Achieving Clean Water Act and SDG Mandates

Transforming Water Protection through Regulatory Upgrades

The regulatory changes implemented by NYSDEC establish the strongest protections to date for New York’s saline waters. While not an immediate remedy for all pollution, these upgrades create a robust framework for reducing pollutant inputs and safeguarding ecological health. This proactive approach is critical for achieving the targets of SDG 6 by improving ambient water quality and protecting water-related ecosystems. The long-term vision ensures that progress is sustained, contributing to a legacy of clean water.

Focus on Urban Waterways and Sustainable Infrastructure

A significant portion of this initiative targets the historically challenged waters in and around New York City. Dense population, aging infrastructure, and combined sewer overflows (CSOs) have posed persistent threats to water quality. The approval and implementation of Long-Term Control Plans (LTCPs) for all of New York City’s waterways are central to this effort. These plans directly address the challenges of urban water management, aligning with SDG 11 (Sustainable Cities and Communities) by investing in resilient and sustainable infrastructure to mitigate pollution.

Projected Outcomes and Contribution to Global Goals

Upon completion of all planned regulatory updates, an estimated 97% of New York City’s saline waters will meet the CWA’s fishable and swimmable goals during dry weather, a substantial increase from 77% in 2018. This achievement will mark a significant advancement toward SDG 6 and SDG 14 (Life Below Water) by restoring the health of marine and coastal ecosystems. The improvements will enhance biodiversity and support sustainable recreational and economic activities.

Key Regulatory Actions and Implementation Details

Adopted Amendments (Effective October 18, 2023)

NYSDEC adopted amendments to 6 NYCRR Parts 701 & 703 to strengthen protections for recreational uses. This action directly supports SDG 3 (Good Health and Well-being) by reducing public health risks associated with water contact.

• Established new water quality standards to protect shellfishing (Class SA) and primary contact recreation like swimming (Classes SA, SB, SC).
• Enhanced standards for secondary contact recreation, including boating and fishing (Class I).
• Introduced a wet weather (WW) limited use designation for waters impacted by CSOs, allowing for targeted management strategies.
• Impacted waters include those in and around New York City, Long Island, and the Lower Hudson Valley.

Proposed Rule Making for Saline Reclassification

A Notice of Proposed Rule Making (NPRM) was filed to further upgrade water classifications, expanding protections and advancing progress toward SDG 6 and SDG 14.

• Proposes the reclassification of 30 waterbody segments to enhance protections for swimming and fishing.
• Strengthens water quality standards for saline waters to better protect ecological health and recreational use year-round.
• Includes a Use Attainability Analysis (UAA) for the Harlem River, facilitating its reclassification from Class I to SB and ensuring its water quality is protective of swimming for approximately 161 days of the 184-day recreation season.

Advanced Notice of Proposed Rule Making (ANPRM)

An ANPRM was issued on July 27, 2022, to gather data and engage stakeholders, a process that embodies the principles of SDG 17 (Partnerships for the Goals). This collaborative approach ensures that future regulatory actions are informed by comprehensive data and community input, leading to more effective and sustainable outcomes.

Long-Term Implementation and Monitoring

Timeline and Phased Improvements

The restoration of New York’s waters is a multi-year endeavor requiring sustained investment and management. The LTCP projects, which are foundational to these improvements, have completion dates ranging from 2026 to 2050. This long-term commitment to infrastructure renewal is essential for the sustained achievement of SDG 6 and SDG 11.

1. Regulatory Updates: New standards and classifications set clear goals for pollution control.
2. Infrastructure Projects: The build-out of green and gray infrastructure through LTCPs will systematically reduce pollution from CSOs.
3. UAA Reviews: Use Attainability Analyses will be reviewed every five years, coinciding with SPDES permit renewals, to ensure continuous improvement and adaptation.
4. Progress Tracking: Water quality status will be monitored and reported through the state’s Section 303(d) List of Impaired Waters, providing transparent tracking of progress toward CWA and SDG targets.

Public Health and Safety Considerations

Guidance for Recreational Water Use

While significant improvements are underway, NYSDEC and the Department of Health (DOH) emphasize public safety. Adherence to official guidance is crucial for protecting public health, a core component of SDG 3 (Good Health and Well-being).

• Swimming: The public is advised to swim only at permitted beaches with certified water quality monitoring and lifeguard supervision.
• Boating: Boating is generally safe in saline waters, but caution is advised during and after rainstorms in areas affected by CSOs. Recreational users should consult NYC’s Waterbody Advisories.
• Fishing: While catch-and-release fishing is safe, anglers planning to consume their catch must consult the NYS DOH fish consumption advisories. Reductions in bacteria make waters safer for angler contact and improve dissolved oxygen levels, benefiting fish populations and supporting SDG 14.

SDGs Addressed in the Article

SDG 6: Clean Water and Sanitation

• The article’s primary focus is on improving the quality of New York’s saline waters. The entire initiative by the New York State Department of Environmental Conservation (NYSDEC) is aimed at realizing the Clean Water Act’s (CWA) goals of making waters “fishable and swimmable,” which directly aligns with ensuring the availability and sustainable management of water.

SDG 14: Life Below Water

• The efforts described are targeted at “saline waters,” including “New York Harbor, and Long Island Sound.” These are marine and coastal ecosystems. The article discusses reducing pollution from land-based sources, such as “combined sewer systems that can release untreated sewage during storms,” which is a key aspect of conserving and sustainably using oceans, seas, and marine resources.

SDG 3: Good Health and Well-being

• A stated goal of the initiative is “Protecting Public Health.” By making waters safer for “primary contact recreation” (swimming) and secondary contact (boating, fishing), the regulations aim to reduce public exposure to waterborne pathogens. The article mentions monitoring for “Enterococci (a fecal indicator bacteria)” and issuing “fish consumption advisories” to prevent illnesses, directly contributing to ensuring healthy lives.

SDG 11: Sustainable Cities and Communities

• The project is centered on New York City, addressing major urban challenges like “aging infrastructure” and the environmental impact of a “dense population.” The implementation of “Long-Term Control Plans (LTCPs)” and “green- and gray-infrastructure projects” are efforts to make a major city more sustainable by managing its wastewater and reducing its environmental impact on surrounding waters.

SDG 16: Peace, Justice and Strong Institutions

• The article details a comprehensive regulatory process led by a government institution (NYSDEC). It describes a transparent and participatory approach, including an “Advanced Notice of Proposed Rule Making (ANPRM),” “public comment hearings,” and “public information meetings” to gather “stakeholder data.” This demonstrates the development of effective, accountable, and inclusive institutions for environmental governance.

Specific Targets Identified

SDG 6: Clean Water and Sanitation

1. Target 6.3: By 2030, improve water quality by reducing pollution, eliminating dumping and minimizing release of hazardous chemicals and materials, halving the proportion of untreated wastewater…
   • The article directly addresses this target by focusing on reducing “pollutant inputs” and tackling “untreated sewage” released from “combined sewer systems.” The approval and implementation of “Long-Term Control Plans (LTCPs)” are concrete actions to reduce the proportion of untreated wastewater entering the waterways.
2. Target 6.6: By 2020, protect and restore water-related ecosystems…
   • The initiative aims to protect and restore saline water ecosystems by upgrading water quality classifications for “30 waterbody segments” and strengthening standards. The reclassification of the Harlem River and the goal to “phase out of SD classifications” are direct actions to restore the designated uses of these water bodies.

SDG 14: Life Below Water

1. Target 14.1: By 2025, prevent and significantly reduce marine pollution of all kinds, in particular from land-based activities…
   • The project’s focus on managing discharges from New York City’s “combined sewer overflows” is a direct effort to reduce marine pollution originating from land-based urban activities. The article states these systems are a primary reason many waterbodies “struggle to fully meet CWA goals.”

SDG 3: Good Health and Well-being

1. Target 3.9: By 2030, substantially reduce the number of deaths and illnesses from hazardous chemicals and air, water and soil pollution and contamination.
   • The regulations are designed to make waters safe for swimming (“primary contact recreation”), thereby reducing the risk of illness from contact with contaminated water. The article highlights the need for caution “during and immediately after a rainstorm to prevent contact with potentially contaminated water,” which underscores the health protection goal.

SDG 11: Sustainable Cities and Communities

1. Target 11.6: By 2030, reduce the adverse per capita environmental impact of cities, including by paying special attention to… municipal and other waste management.
   • The article describes a major effort to manage New York City’s wastewater, a key component of municipal waste. The LTCPs are a strategic approach to upgrading infrastructure to handle sewage and stormwater, thereby reducing the city’s adverse environmental impact on its waterways.

SDG 16: Peace, Justice and Strong Institutions

1. Target 16.6: Develop effective, accountable and transparent institutions at all levels.
   • The NYSDEC’s process, as described, is a model of this target. It involves formal steps like the “Notice of Adoption,” making “proposed rule making documents” public, and a clear “Timeline and Tracking Progress” section, demonstrating institutional effectiveness and transparency.
2. Target 16.7: Ensure responsive, inclusive, participatory and representative decision-making at all levels.
   • The process actively sought public and stakeholder input through an “ANPRM,” “public information meetings,” and “public comment hearings.” The article notes the ANPRM was a “data gathering and public outreach exercise intended to inform future reclassification,” showing a commitment to participatory decision-making.

Indicators for Measuring Progress

SDG 6: Clean Water and Sanitation

1. Implied Indicator 6.3.1 (Proportion of wastewater safely treated): The article tracks progress through the implementation of LTCPs, which are designed to reduce untreated discharges. The completion dates for these projects (between 2026 and 2050) serve as milestones for this indicator.
2. Implied Indicator 6.3.2 (Proportion of bodies of water with good ambient water quality): The article provides explicit data for this. It states that in 2018, “only 77% of New York City’s saline waters had protections meeting the CWA fishable and swimmable goals.” It projects that after the updates, “91% of New York City’s saline waters… will fully meet” these goals, with “a remarkable 97% of New York City’s waters” satisfying the goals most of the time. The waterbody classification system (SA, SB, SC, etc.) is the framework used for this measurement.

SDG 14: Life Below Water

1. Implied Indicator 14.1.1 (Index of coastal eutrophication/pollution): The article mentions the monitoring of “Enterococci (a fecal indicator bacteria)” as a direct measure of sewage pollution. Reductions in the concentration of this bacteria serve as a key indicator of reduced land-based pollution in marine environments. The “Section 303(d) List of Impaired Waters” is also cited as a formal tool for tracking water quality status.

SDG 3: Good Health and Well-being

1. Implied Indicator for Target 3.9: The number of days waters are safe for primary contact recreation. The article provides a specific metric for the Harlem River, which is “projected to meet WQS protective of swimming approximately 161 days out of the 184-day recreation season.” This quantifies the reduction in health risks. The continued existence and scope of the “NYS Department of Health’s fish consumption advisory” also serves as an indicator of contamination levels in fish.

Summary Table of SDGs, Targets, and Indicators

SDGs	Targets	Indicators
SDG 6: Clean Water and Sanitation	6.3: Improve water quality by reducing pollution and untreated wastewater. 6.6: Protect and restore water-related ecosystems.	Percentage of saline waters meeting “fishable and swimmable” goals (rising from 77% to 97%). Implementation status and completion of Long-Term Control Plans (LTCPs). Number of waterbody segments reclassified to higher protection standards.
SDG 14: Life Below Water	14.1: Prevent and reduce marine pollution from land-based activities.	Concentrations of “Enterococci (a fecal indicator bacteria)” in saline waters. Tracking of impaired waters via the “Section 303(d) List.”
SDG 3: Good Health and Well-being	3.9: Reduce illnesses from water pollution and contamination.	Number of days per recreation season that waters meet standards for swimming (e.g., 161 out of 184 for the Harlem River). Issuance and scope of DOH fish consumption advisories.
SDG 11: Sustainable Cities and Communities	11.6: Reduce the adverse environmental impact of cities (waste management).	Progress on construction of “green- and gray-infrastructure projects” outlined in LTCPs. Reduction in volume of untreated sewage from Combined Sewer Overflows (CSOs).
SDG 16: Peace, Justice and Strong Institutions	16.6: Develop effective, accountable, transparent institutions. 16.7: Ensure responsive, inclusive, and participatory decision-making.	Number of public comment hearings and information meetings held. Use of formal processes like ANPRM and NPRM to gather public input. Public availability of regulatory documents and progress reports.

Source: dec.ny.gov