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Amendments to 18 AAC 70 (Water Quality Standards) to Clarify the Application of State Water Quality Standards Frequently Asked Questions

Frequently asked questions (FAQs) from the public, expected or received, have been compiled along with the department’s responses. Substantially similar questions have been aggregated:

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What is the DEC Division of Water proposing to do?
The DEC Division of Water is proposing changes to 18 AAC 70 (state water quality standards) and 18 AAC 83 (APDES). These amendments will improve clarity, application, and consistency within state regulations.
What are the proposed amendments to 18 AAC 70?
  • Clarify the duration period used during the waterbody assessment process for petroleum hydrocarbons, oils, and grease at 18 DEC 70.020(b)(5), (10), (17);
  • Clarifying that di minimis cumulative human activity, air temperature, or low flow conditions will not result in an exceedance of temperature criteria during the DEC water quality assessment process at 18 DEC 70.020(b).
  • Update accepted standard analytical methods used by programs authorized under the Clean Water Act (e.g., APDES permits) at 18 DEC 70.020(c)(1), (c)(3), and 18 DEC 83.010(f).
  • Clarify how freshwater and marine waters will be determined based on salinity at 18 DEC 70.040(3) and (4).
  • Introduce definitions for “7-day average of the daily maximum recorded values”, “fresh waters”, “marine waters”, and “mean higher high water” at 18 DEC 70.990.

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