RESPONSE TO PUBLIC INPUT ON THE NEW YORK STATE/EPA AGREEMENT ------- AGREEMENT ON THE DEVELOPMENT AND IMPLEMENTATION OF NEW YORK STATE'S WATER QUALITY MANAGEMENT PROGRAM BETWEEN THE COMMISSIONER OF THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION AND THE REGIONAL ADMINISTRATOR, -REGION II, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. The Regional Administrator of Region II of the United States Environmental Protection Agency (EPA) and the Commissioner of the New York State Department of Environmental Conservation (NYSDEC) do hereby enter into an agreement for the development and implementation of New York State's Water Quality Management Program. SCOPE OF AGREEMENT The Scope of the Agreement consists of the following: (a) The March 28, 1978 draft agreement document. (b) Responses to public input on the New York State/EPA Agreement. The responses override some portions of the draft agreement document and also indicate areas in the agreement document that will be changed in the annual update. (c) Summary of Funding Priorities - This contains funding amounts, sources and intended uses of nearly $600 million of Federal and State funds. The funds are subject to State and Federal budgetary processes. BACKGROUND On March 28, 1978 a draft agreement was initialed by both agency heads and submitted to fourteen public meetings and four public hearings. A great amount of interest was expressed and many comments were received. The comments have been carefully reviewed and analyzed and a response document has been prepared. NYSDEC has also completed tables that establish the timing, costs and sources of funding for the activities presented in the agreement. EPA is reviewing the tables and, when approved, the tables will be included as part of the first update to the agreement. NATURE OF AGREEMENT The Agreement provides a firm guide for the many program grant plans developed and underway in this fiscal year and for those under preparation now for the approaching fiscal year. The State/EPA Agreement shall be interpreted to be consistent with Federal and State Statutes and Regulations. To the extent the Agreement is inconsistent with Federal and State Statutes and Regulations, the Agreement shall not apply. ------- 2. This agreement shall take effect upon execution by both parties and remain in effect for one year unless terminated in whole or in part by either party, provided that thirty days written notice is_given by the party initiating such termination to the other party, or until it is rescinded by mutual agreement. MODIFICATION This agreement shall be amended as necessary on an annual basis. This agreement may be amended at any time by formal written agreement of both parties. New York State Department of Environmental Conservation Peter A. A. Berle Commissioner Date : / Envi al Protection Agency fckardt C.~"Beck Regional Administrator Date: ------- INTRODUCTION A significant amount of public comment has been received on the draft New York State/EPA Agreement. The comment falls in three categories: 1. Input received at public meetings held in each of the six designated and eight non-designated areas of the State. 2. Testimony received at the public hearings held in Buffalo, Rochester, Albany and New York City. 3- Written comments on the Agreement sent to EPA and NYSDEC. This document presents a summary of the public comment which was received, and describes how the Agreement has been or will be modified to respond to it. It should be emphasized that the summary of public comment does not attempt to restate all the comments which were received. Comments were grouped by topic, analyzed, and briefly paraphrased. The total public record is cited in Appendix A and is available for review at the EPA New York Office and the NYSDEC Albany office. It is our position that this careful review analysis and response to the public comment finalizes this first attempt at preparing a comprehensive State/EPA Agreement. It should be noted that public comment was solicited and welcomed, and that the public suggestions will result in substantial improvements to the Agreement in the next update. The Agreement will be modified on a continuing basis. The preparation of next year's Agreement will begin in February-March, almost as this draft is completed. ------- General Comments Public reaction to the draft NYS-EPA Agreement was mixed. Many reviewers commended the state and EPA for developing such a comprehensive water quality management tool, and applauded the Agreement as a valid attempt to integrate programs under the Clean Water Act and other federal and state legislation. Other reviewers objected to adoption of the Agreement in its present form, citing insufficient public participation in developing the Agreement and the absence of a specific role for local government in implementing it. Comments were received on a wide range of subjects. Subsequent sections of this chapter will deal with specific comments on technical subjects. But before those issues are addressed, there is a need to respond to the general philosophical and procedural comments made by reviewers. This section attempts to do that, although its exclusion of the many positive and favorable comments received makes it less than representative of the general reaction to the draft Agreement. For the sake of clarity, we have divided the general comments into five, somewhat overlapping categories: Public Participation and Review Procedures, Intergovernmental Cooperation, Purpose and Scope of the Agreement, Priorities, and Implementation. Public Participation and Review Procedures Largely because the NYS-EPA Agreement was the first comprehensive Agreement of its kind developed in any state, certain logistical problems were apparent. The public complained that there were not enough copies available for review, and that when copies were obtained, review was made difficult by the sheer volume of the document and the extraordinarily detailed fashion in which it was written. The public also questioned the rather formal and finished appearance of the Agreement, believing that even though it was labeled a draft, the state and EPA would be reluctant to make substantial changes in it. Central to all of these issues is the unprecedented nature of the NYS-EPA Agreement. When it was begun, there were no previous agreements or published procedures to guide its development. There was no way to predict the size of the finished document or the level of public interest it would generate. As it turned out, insufficient funds were available for printing, and only 500 copies of the 800-page draft Agreement were produced. The limited supply was distributed as fairly as possible; copies were sent to state agencies, regional planning boards, local officials, and selected private and public interest organizations. In addition, copies were made available for loan or onsite review at each of the nine regional DEC offices and at major public libraries across the state. Both the state and EPA realize that the length of the document and its rather detailed style are drawbacks to widespread distribution and public review of the Agreement. In the future, as suggested by several reviewers, the state and EPA will prepare an Executive Summary for general distribution ------- -2- and will make the complete text available for reference at key locations. This is one way to encourage a high degree of public participation, which is a prime objective of both the state and EPA. Another key to public participation was the series of fourteen public meetings and four public hearings held on the draft Agreement. Although a concerted effort was made to alert all interested parties to these meetings and hearings, some reviewers felt that the notification procedure was inadequate. Further, they felt that the confusion arising from inadequate notification, added to the already mentioned difficulties in obtaining copies of the draft Agreement, cut into the public review period to such an extent that a thorough review was impossible within the established timeframe. The public notice procedure followed by DEC and EPA consisted of mailing notices directly to approximately 10,000 individuals and groups known, or thought, to be interested in the draft Agreement. Notifications were published in several newsletters, including DEC'S Environment, EPA's Region II Report, and many of the 208 agency newsletters. With a grant from EPA, the Center for Environmental Information conducted a public information campaign of modest size. In addition, a press release was issued before the start of the public hearings. Despite the large number of notices distributed, confusion did exist, and DEC and EPA decided to extend the review period beyond the close of the last public hearing. The review period was rescheduled to close on August 15, 1978, However, all comments received, regardless of their date, were accepted. The problems encountered in coordinating the public participation aspect of the draft Agreement led reviewers to suggest improvements. Some reviewers were concerned that since the draft Agreement went to public review missing certain chapters, namely those on Air and Other Environmental Programs, there would be no further opportunity for public participation in the development of the remainder of the Agreement. These reviewers noted that full public involvement in all parts of the Agreement is essential. Other reviewers went further, recommending that the Agreement not be signed until a model public participation program is developed and reviewed by citizens. The need for full public involvement in the development of the Agreement is acknowledged. As with all elements of the Agreement, the chapters omitted from the draft Agreement because of their preliminary status will not be added until the opportunity for full public involvement has been afforded. However, nothing is to be gained by delaying signing of the Agreement pending development of a model public participation program. Ongoing pro- grams covered in the Agreement require guidance now. Moreover, public involvement has not been absent from the development process. In September 1977, when work on the Agreement began, a meeting was held to solicit input to the Agreement from representatives of the six designated areawide planing agencies in New York and from the state, along with public advisory committees in the non-designated portions of New York. The Citizens' Union has also ------- -3- been active in the development process, serving as a Clearing-house for several public interest groups in critiquing the Agreement from its earliest draft stage. The public hearings and the request for written comments on the draft Agreement were intended to bring the Agreement to the attention of the general public as well as the special interest groups. Considering the pilot program status of this Agreement, the level of public response has been encouraging. However, the state and EPA agree that there is room for improvement. The NYS-EPA Agreement was the first attempt at comprehensive state-federal water quality management planning, and to a large extent, the details of what an Agreement should cover and who should be involved in its preparation evolved along with the Agreement. The experience gained during preparation of the NYS-EPA Agreement has been used in revising and codifying EPA's Water Quality Management Regulations (40 CFR, Part 35). When these regulations are published in final form or provided in the form of guidance, they will constitute standard procedures for develop- ing all future state-EPA Agreements. Some reviewers suggested that the Agreement was not in conformance with these draft regulations. The agreement which is in conformance with existing regulations (40 CFR, Parts 130 and 131) and with the spirit and intent of those proposed, will be kept current with revisions as they occur. Moreover, the opportunity for public participation in the Agreement does not end with its initial signing. The Agreement is an ongoing process, subject to renegotiation annually. Next year, public involvement will begin at the earliest stage of development of the update to the/Agreement. Apart from the federal regulations to which the Agreement is subject, some reviewers maintain that the Agreement should also be subject to the environ- mental assessment requirements of New York's State Environmental Quality Review Act (SEQR). This will be considered in the next update of the Agree- ment. Intergovernmental Cooperation Closely related to the public participation concerns voiced by reviewers were their concerns about the role of local and regional agencies in developing the draft Agreement. Many reviewers felt that the lack of a significant local role in developing the Agreement impaired its effectiveness, and some of these reviewers contended that the Agreement should not be signed until it was revised to reflect local priorities. Most of the concern and confusion centered on the role of areawide planning agencies and the relationship between 208 water quality management plans and the Agreement. Reviewers pointed out that EPA's proposed water quality management regulations will, when published, require full participation of designated areawide planning agencies in the development of state-EPA Agreements. Reviewers also pointed out that the 208 plans being developed by the areawide planning agencies should govern the program strategies set ------- -4- forth in the Agreement, particularly the program strategies for nonpoint source control. One reason this relationship was questioned is that the 208 plans have not yet been adopted, certified, and approved. When the certification and approval process is complete, the 208 plans will form the basis for revising the Agreement, as descriped in Chapter 3B. Therefore, the program strategies in the Agreement will indeed be governed by the 208 plans. The descriptions in Chapter 3B will be expanded to further clarify the relationship between 208 plans and the Agreement. Beyond questions about the relationship between the Agreement and areawide planning, many reviewers expressed concern about the implications of the Agreement for individual localities. This is understandable since the Agreement is not now area-specific. The draft Agreement does establish the framework and set the priorities for development and implementation of the state's water quality management program. However, the state and EPA recognize the need to make the Agreement fully responsive to local needs, and will therefore take the following steps: 1) Working with the designated areawide planning agencies, DEC will start to define the program development needs and responsibilities in each of the six designated planning areas and in the non- designated portion of the state. The result of this will form the basis for revising Chapter 2C of the NYS-EPA Agreement. 2) As the 208 water quality management plans are adopted certified, and approved, they will define the roles and responsibilities for implementing the state's water quality management program in both the designated and non-designated planning areas. These will then be reflected in revisions to the Agreement. Although the principal responsibility for water quality management programs in New York State rests with DEC and EPA, certain other agencies administer programs involving both water quality managment planning and implementation. Several reviewers thought that these agencies should participate in the development of the Agreement in proportion to their involvement in water quality management. The Delaware River Basin Commission, the New York State Department of Health, and the New York State Department of Transpor- tation are three such agencies. They have each proposed modifications to the Agreement to reflect their water quality management responsibilities, and appropriate modifications will be made in the next Agreement. Not only the activities of other agencies, but those of other contiguous states could have a bearing on the programs and strategies outlined in the Agreement. Both the state and EPA agree with reviewers that a discussion of interjurisdictional, especially interstate, issues should be added to the Agreement. Chapter 3A will be modified accordingly. ------- -5- Purpose and Scope of the Agreement Most reviewers welcomed the idea of a coordinated state-federal approach to water quality management. However, some reviewers felt that the funds expended in developing the Agreement would have been better spent in implementing solutions to water quality problems. These reviewers argued that an increasingly disproportionate amount of the available pollution control funds is being spent on costly planning, administrative, and regulatory programs that produce no immediate return in the way of water quality improvements. While it is true that planning and management concepts have assumed greater importance in the pollution control field in recent years, this is simply a reflection of the experience gained with various operational programs. Effective planning is essential not only to set the direction for the operational programs but also to eliminate duplication of effort and to use the available funds to best advantage. Program implementation receives by far the largest portion of the available pollution control funds. The funds expended on developing the NYS-EPA Agreement are comparatively small and become even less significant when considered in light of the potential water quality benefits. Other reviewers, while they did not question the expenditure of funds on the Agreement, objected to the Agreement's multi-year funding commitments. These reviewers recommended that the Agreement be developed using annual zero-base budgeting techniques. First of all, the Agreement does not contain multi-year funding commitments, but five-year funding estimates. This is in line with the current EPA regulations governing water quality management; the regulations require a level of detail and timing of water quality management plans to comply with the Clean Water Act (40 CFR, 130.11). The regulations also require a state strategy for preventing and controlling water pollution over a five-year period (40 CFR, 130.20). Thus the five-year timeframe is not only useful from the standpoint of effective planning, but also entirely consistent with the applicable regulations. Actual funding commitments, via grant contracts, cover only one year's activities. Secondly, zero-base budgeting is only one of the many cost analysis techni- ques available, and perhaps not the most appropriate technique for use in the Agreement. However, cost-benefit analyses are being done through the various implementing programs, as described below. Those who did not object to the Agreement on principle did, nevertheless, have numerous suggestions for improving it. Most of these suggestions involved expanding the Agreement to cover issues, related to, or affected by, water quality management. ------- -6- One suggestion that the state and EPA intend to adopt is that the Agreement begin with an environmental policy statement similar to the Water Resources Council's principles of environmental management. Another suggestion that will be followed is the expansion of Chapter 3B to describe in greater detail the process for updating the Agreement, especially in light of EPA's proposed water quality management regulations. Many reviewers disagreed with the state and EPA's decision to present the draft Agreement without the chapters on Air and Other Environmental Programs. These chapters were deferred because of their preliminary status. Provision of the water quality management guidance contained in the Agreement would have been unacceptably delayed if publication were held up pending inclusion of these two chapters. However, the NYS-EPA Air Agreement is currently being developed. When both the Air and Water Agreements are completed, an Air/Water Interface Chapter will be added to each. It may be possible to develop the chapter on Other Environmental Programs in time for inclusion in the first update of the Agreement. The economic implications of the Agreement generated a great deal of interest. Reviewers wanted to know what the direct costs would be of implementing the Agreement, and what the indirect costs would be for local government, private industry, and individuals. Recommendations that a cost-benefit analysis be included in the Agreement were numerous, as were recommendations that the Agreement's energy implications be analyzed. The state and EPA will include in the updated Agreement cost data for carrying out the strategies, as well as related information on sources of funds, timing, and priorities. Although the need for a cost-benefit analysis is understood, neither the state nor EPA believes that the Agree- ment itself is the best vehicle for conducting such an extensive analysis. However, the results of programmatic cost-benefit analyses could be used to modify the Agreement as necessary. An analysis of the Agreement's energy implications could be handled in the same way. Priorities There was strong support among reviewers for the priorities established in the Agreement, and some indication that other areas should be given priority status. The Agreement's emphasis on controlling toxic sub- stances, especially in relation to sources of public drinking water, was most favorably received. Several reviewers took the position that pro- tection of drinking water should be the highest priority. Other felt that available funds should not be so heavily allocated to correcting problems and that preservation of high quality waters was neglected. The state and EPA agree that protection of public water supply sources is of the utmost importance. Available pollution control funds have never yet been allocated on a strictly "worst first" basis. In New York, six water quality management problems have been identified as requiring priority ------- -7- attention: industrial discharges, municipal discharges, residual wastes (solids and liquids), combined sewer overflows, urban storm runoff, and hydraulic/hydro!ogic modifications. Funds available for dealing with these six problem areas can be allocated to either correction or prevention, as necessary. This issue will be one of those addressed in the updated Agree- ment's introductory environmental policy statement. Nonpoint source pollution control was frequently mentioned by reviewers as an area that should have been given priority status. The reason it was not included was that insufficient data were available to determine its state- wide significance. The general consensus among reviewers was that increased monitoring of nonpoint sources was needed to determine the magnitude of the problem in New York State and to develop cost-effective nonpoint source control programs. Monitoring is, of course, essential to the overall nonpoint source management program. In terms of nonpoint sources, monitoring must cover activities on the land, the effectiveness of controls, and the instream impact. Despite current budget restrictions, some nonpoint source monitoring is planned. However, since nonpoint source monitoring techniques are not as well defined as those for point source monitoring, the initial focus will be on the development of an overall monitoring protocol based on the study of selected test basins. Over the next year, the West Branch Delaware Basin will be monitored; the information and techniques developed will greatly influence the nature and extent of nonpoint source monitoring in New York State. Implementation The prospects for implementing the strategies outlined in the Agreement were a source of concern to reviewers. Several pointed out that the Agreement's effectiveness depends to a large extent on the personal com- mitment of the Commissioner of DEC and the Regional Administrator of EPA. A few reviewers suggested that the Governor rather than the Commissioner of DEC sign the Agreement, to be consistent with EPA's proposed water quality management regulations. Without doubt, the Commissioner and the Regional Administrator must be personally committed to the implementation of the Agreement for it to succeed. Both officials have expressed their strong support for the Agreement. Their respective agencies have worked closely over an extended period of time to produce an Agreement that they consider both reasonable and workable. Under the existing regulations, the Commissioner of DEC, as head of the designated state water quality management planning agency, has the authority to sign the NYS-EPA Agreement. Any changes in the regulations governing state - EPA Agreements will be complied with as they occur. Several reviewers indicated that implementation of the Agreement would be hampered by a lack of state staff and federal resources. They suggested that priorities be carefully established and that a greater role be given ------- -8- to local government in implementing the Agreement. Both the state and EPA agree that these are essential to the successful implementation of the Agree- ment. In addition to developing strategies and setting priorities, reviewers noted the importance of establishing milestones and assigning responsi- bilities. They also questioned whether there was too much emphasis on regulation in the Agreement and not enough on incentives. The state and EPA will include both milestones and responsibilities in the various work plans that will be developed in comformance with the Agreement, progress reports will also be required. The Agreement seeks to strike a balance between regulation and incentives, and this goal will be included in the updated Agreement's introductory environmental policy statement. ------- COMMENTS WATER QUALITY ASSESSMENT (1 and Appendix A) Numerous comments were received on the water quality assessment in the Agreement. These comments are especially important since the water quality assessment provides the basis for the priorities established in the Agreement. 1. Several reviewers questioned the overall framework used to analyze water quality and to select priority problems. a. The Citizen's Union, acting as a clearinghouse for a number of reviewers, commented that the framework for the analysis (the listing of water quality management problems) is fund- amentally flawed. They indicate that the problems are not management problems, and they include an alternative list of water quality management problems. b. The Citizen's Union also indicates that the seventeen basins and fourteen areas selected are flawed in that they do not define the systems which must be managed comprehensively- Another reviewer indicated that watersheds not political boundaries should be the basis for program decisions. c. One reviewer indicated that no discussion was included relating . the problems to the goals of the Clean Water Act. A water quality management problem should be added .... "Fishable, swimable water quality impairment." 2. One reviewer suggested the need for better scientific justification for program decisions. Input should therefore be solicited from the academic community. 3.Many reviewers commented on the overall priority assifgned to categories of water quality management problems. a.Several comments indicate that on-lot disposal should receive a higher priority, especially in rural areas. b.Several comments indicate that the Agreement gives inadequate attention to radioactive wastes. c.Several comments indicate that the Agreement emphasizes urban 'problems at the expense of rural areas. d.Several comments indicate that the maintenance of high quality waters should receive greater attention. ------- e. One reviewer suggested that higher priority be given to environmentally unsound development and to vessel wastes. f. A large number Of reviewers questioned the reasons why non- point source pollution was not selected as a Statewide priority. One reviewer suggested that nonpoint source problems should receive greater attention since they are amiable to lower cost non-structural solutions. g. One reviewer suggested that aquatic weeds should be considered a pollutant. 4. Reviewers in a number of areas commented specifically on the water quality problems specific to that area. a. Specific, detailed comments on the assessment were received from the Delaware River Basin Commission, the Erie and Niagara Counties Regional Planning Board, the Town of Tonawanda Environmental Com- mission and the Erie County Department of Environmental Protection. The comments will not be repeated here. b- Westchester County indicated that the assessment did not reflect the priorities previously submitted by Westchester. In almost all cases, priorities had been downgraded. c. A reviewer stated that WQ problems on the Genessee River resulting from irrigated agriculture and erosion should receive more attention as should construction sediments in the Newark River. d. A reviewer was particularly concerned with erosion along the Lake Ontario shoreline and wants higher priority to be placed on problems in and around the Great Lakes. Q •e. A reviewer stated that the primary problems of Tioga County relatwa to cultural acceleration of sedimentation and leachate from landfills. *• Reviewers indicated that arid rain is a high priority problem in the Black River Basin and in DEC Region III (the Shawangunk Mountains), g. Several reviewers noted that salt from de-icing causes significant groundwater problems in Central New York, and in the Rochester area. h- A reviewer indicated that problems in the Chemung River Basin should receive higher priority attention. ------- RESPONSES WATER QUALITY ASSESSMENT (1 and Appendix A) 1- a- We disagree that the framework for the analysis is flawed; we do recognize that certain terms used are not properly defined. It would be more appropriate, for example, to replace the term • "Water Quality Management Problem" with the term "Activities Which Cause Water Quality Problems". The framework for the water quality assessment will be reviewed and improved during the first update. Management issues are discussed in Chapter 3. 1. b We believe that the approach taken to define water quality problems using the Statewide basin breakdown and the 208 management planning areas is adequate. Identification of systems to manage water quality problems may be on either a watershed or political boundary basis, or combination of these two. The management system recommendations in the certified and approved 208 plans are intended to become part of the Agreement. 1. c The specific term "fishable, swimmable waters", as a goal of the CWA, is not defined in the Agreement, However, the goals of the Act are embodied in the State's water quality standards. The basis for conducting the water quality assessment is the water quality standards. "Fishable, swimmable water quality impair- ment" is not an activity which causes "water quality problems" and therefore, will not be listed as such. 2. We agree that more input is needed from all segments of the public concerning program decisions, including the scientific and academic community. A more comprehensive public participation system will be recommended in the Statewide water quality management plan which will become part of the Agreement. 3. a-g Several suggestions were made about the selection of priority water quality management problems in the Agreement. It is recognized that different people will have different perspectives on what are in fact water quality problems for any geographical area. These priorities will be reviewed in the first update of the Agreement. Completion of the Statewide water quality management plan will provide additional information which will serve as the basis for possible restructuring of water quality pollutant and water quality management priorities. ------- 4. a-h Many comments were received recommending particular water quality problems for specific geographical areas. These recommendations together with the recommendations of the Statewide water quality management plan will serve as the basis for the first update of the Agreement. ------- COMMENTS COMBINED SEWER OVERFLOWS 2.A.4 l. Several reviewers commented on this chapter. They made the following comments: a. The Agreement properly emphasizes nonstructural solutions, cost factors, alternative analysis, "demo" projects, and the need for legislative amendments. b. When evaluating the cost effectiveness of structural and non- structural approaches to dealing with urban runoff and CSO's, the benefits and costs should also be allocated among water quality improvements, soil retention, and decreased flooding damages. c. EPA should be more flexible in 201 funding of CSO projects. Exclusions of costs because they result in flood protection are not appropriate since the sewers serve a dual purpose. d. More emphasis should be placed on O&M issues and demonstration projects. O&M problems and "demo" projects are mentioned in the chapter introduction but not in "strategies and activities." They should also be discussed in "strategies and activities." e. The role of 208 agencies in developing solutions to CSO problems should be described in the "strategies and activities" section. f. Extensive water quality sampling should be done in order to identify problem areas before "demo" projects begin. ------- RESPONSES COMBINED SEWER OVERLFOWS 2.A.4 .l...a No Comment .l.b-c "These factors must be and are considered in evaluating combined sewer overlfow projects in the 201 facilities planning process. Current federal regulations restrict the eligibility for funding to those project elements related to water quality improvements. Since both conveyance of storm water runoff to alleviate flooding and water quality improvements are integral elements of a combined sewer overflow .project, they must be evaluated together when developing alternative .solutions _in any particular project. New York State Department of -Environmental Conservation feels that unless all aspects of the project are determined eligible for Federal funding, the community will find it difficult to finance its share of the project. l.d :Each combined sewer overflow system is unique in terms of the capa- bilities of the system to minimize overflow and the impacts on the receiving water. Operation and maintenance of the system is one of the-key factors for minimizing overflows -and this should be stressed -.in the development of management solutions. USEPA has funded many demonstration projects over the past 10 years in an attempt to obtain information on the effectiveness of structural and non-structural solutions. Although some demonstration projects may be warrented, -it is now time to integrate the results of past demonstration projects into viable combined sewer overflow abatement projects. These concepts will be introduced in the first update of the Agreement. i.e Designated 208 agencies do have an important role and some have included .the development of solutions to combined sewer overflow problems where they have been identified as priority water quality problems. These will be included in the Agreement after the certification and approval of designated agency plans. l.f .Extensive sampling to determine the impact of combined sewer overflows will be required of the community during the 201 - facility planning process. A combined sewer overflow strategy will be included in the draft of the Statewide 208 Plan. ------- COMMENTS URBAN STORM RUNOFF 2.A.5 Reviewers of the urban storm runoff chapter had the following comments: 1- The statements on pages 2-31 and 2-32, which indicate that the existing N/SPDES program does not cover urban runoff, are in- correct. Since urban runoff is covered by N/SPDES, these reviewers state that: a. DEC should utilize existing authority to regulate stormwater discharges. b. CSO's need not have a higher priority than urban runoff. 2. Prevention (e.g. street sweeping, etc. ...) should be emphasized in the control of urban runoff. 3. 201 funding should be made available for the control of urban runoff. 4. Control methods should be carefully developed before they are imposed through regulatory programs. 5. It is essential that urban runoff storage facilities be developed to allow for subsequent treatment to eliminate toxic pollutants. ------- RESPONSES URBAN STORM RUNOFF 2.A.5 l.a+b Urban runoff is not exempt from the N/SPDES permit program. Because of the high priority for issuance of permits for point source discharges, initiative has not been taken at either the federal or state levels to issue permits for urban run-off. Such permits may be issued where urban runoff is determined to have a significant effect on water quality. Such a determination has not been made at this time. Available infor- mation indicates that urban runoff associated with combined sewer overflows will have a higher priority over separate discharges of stormwater run-off. 2. Prevention measures are important and will be emphasized in the Agreement update as well as in the strategies. 3. DEC agrees and has so testified before Congress. EPA is presently conducting a nationwide study of urban run-off which may result in recommended changes to the Clean Water Act. 4. Agreed. 5. Urban run-off storage facilities and subsequent treatment should be considered as one alternative to urban run-off pollution control. ------- COMMENTS HYDRAULIC/HYDROLOGICAL MODIFICATIONS 2, A-6 Several reviewers commented on this chapter. They made the following comments: a. Hydrological modifications should not be considered to be a high priority problem. The only water quality problem associated with hydroelectric dams is caused by minor flow modification. The Agreement contained no evidence of other adverse water quality impacts of such dams. For these reasons, the Reservoir Release Program and State Stream Protection Laws do not need to be amended. b. This chapter of the Agreement is too narrowly focused on flow regulation, release, and streambed alteration. Dredging, resource recovery operations, channel modifications, with- drawal and recharge activities, construction impacts and mining should also be covered. c. One reviewer was concerned with disturbance of benthic deposits and also believed that salt water intrus ion needed to be worked into the discussion of flow changes. d. A task should be added to identify current hydro!ogic operating procedures in the State of New York. CNY should perform the task for the State and make recommendations on technical and institutional problems of existing hydrologic structures and- operations in the State. A proposed work program for the task was sent in by Central New York. ------- RESPONSES HYDRAULIC/HYDROLOGICAL MODIFICATIONS ~~ l.a We disagree. Chapter 1 (Water Quality Assessment) cites specific water quality management problems in 6 major basins (the Seneca- Oneida-Oswego, Upper and Lower Hudson Rivers, Genesee, Black, St. Lawrence). Problems include reduced waste assimilation capacity resulting from diversions for hydroelectric power and barge canals, sedimentation, PCB's (and other in-place pollutants) in dredge spoils, increased stream temperature from construction activity, and others. In addition, the state proposal for expansion of the existing legislation is designed to afford the state more direct control over water quality related activities and is appropriate. l.b Dredging and resource recovery operations are covered in Section 2.B.9. Channel modifications are covered by New York State's Stream Protection Law and will be added to the Agreement as it is updated. Construction and mining are mentioned in the NPS chapter and will be further discussed in future updates. l.c Benthic deposits (in place pollutants) are discussed in the Toxics chapter. Potential for advancing saltwater wedge in the Hudson River is discussed in Chapter 1 (Water Quality Assessment). Both in-place pollutants and saltwater intrusion will be covered in updates to the nonpoint source section. Saltwater intrusion is also covered in the Nassau-Suffolk 208 Plan. l.d. The task of identifying current hydrologic operating procedures in New York State is implied in item #3 of the Strategy. It will be made more specific. This is a task that, because it is statewide in nature, will be undertaken by NYSDEC. Regional aspects could be delegated to areawide agencies. ------- COMMENTS Construction Grants and Municipal Dischargers 2. B.I and 2. A. 2 Comments in this subject area often referred to both chapters. They are presented as one group to assure consideration of themf as a whole. 1. Several comments referred to the employment of different types of technology for waste treatment, the evaluation of these alternatives in funding decisions, and the operation of these technologies. a- Cluster on-site systems, pressure collectors and land treatment must be compared fairly to traditional treatment technology in 201 funding decisions. An educational effort should be initiated to explain these methods. b. Advanced waste treatment is not always necessary, 201 funds should be available to determine whether they are or are not through stream studies. Sound information for the current DEC waste load allocations is not always readily available. c. A permanent State Operation and Maintenance program is recommended with 25% State support. Special 0 & M aid should be considered for high treatment technology facilities. d. Many 208 agencies commented on the role of their agencies in the grants and discharge control programs. e. The relationship between*201 and 208 planning processes needs to be clarified. f. Designated agencies should be included in several of the construction grants activities particularly those concerning combined sewer over- flows, urban storm runoff and land treatment. 201 funds should be available to 208 agencies for performing portions of facility planning needs such as population, waste load and flow projections. g. Maximum utilization of local personnel and laboratories must be made in meeting the important local need of developing valid waste load allocations, especially for smaller streams. 2. Priorities for the program and overall objectives were discussed in several letters. a.. The use of the statutory term "fishable, swimable waters where attainable" should be clarified. What does it mean? b. Priority issues involve water conservation, better operation and maintenance, indirect discharge of toxics, and sludge disposal; many of these issues have not been dealt with. ------- - 2 - c. Effluent limits should be reviewed. Situation variable limits should be considered rather than rigid effluent limits. "Secondary . treatment" as ^requirement may be excessive for achieving ambient standards in warn estuarine waters. d. The priority list system should be clarified and explained. e New requirements regarding the evaluation of the effects of dischargers on downstream water supplies and water conservation and reuse should be evaluated carefully to avoid unnecessary dau^tH^m on small projects. tt**-dtk«p$ 3, In the area of sanitary sewers and stormwater, several notes were received. a. Urban storm runoff strategies must include quantity as well as water quality effects. b. Every county should develop revised sanitary codes for the control of private sewage disposal. c. The problem of separating sanitary and storm sewers has not been dealtl with. >"9 d. A policy is needed on regulatsap sanitary sewer overflows. Comments were also received on: 4< The multi-use concept which calls for using treatment facilities where possible to fill open space needs s educational opportunities and, in some cases, recreation. a. The existence of legal impediments to the multiple-use concept in special use sewer districts should be researched. b. "Multiple-use'should be considered in a broad sense. Not only for increasing the uses given a plant site, but also in uses of water quality funds in general. 5. Other comments received included: a. The question of leachate noted as "previously discussed" in this chapter (Municipal Discharges 2. A. 2) could not be found. b. Local costs of disruption to private citizens due to construction should be considered in the grants program. c. The application procedures in the construction grants program must be simplified. The State should not be delegated the construction grants program. It will add to the costs. d.The agreement notes that DEC may undertake certain elements of 201 planning that may best be done on the State level. The specific elements should be determined in the agreement. e. Tfe ftlvbtn^f beftvt&n D^t SAtfcffM AjWiMtrf eu^rf U^p ------- RESPONSES MUNICIPAL DISCHARGES AND CONSTRUCTION GRANTS 2. B. 1 and 2. A. 2 1. a We agree that educational efforts are necessary to bring descriptions of new treatment techniques to the attention of municipalities and their consultants. Amendments to the 1977 Clean Water Act require the evaluation of innovative and alternative technology, land treatment and the use of on-lot disposal systems. New York will promote these systems through the expanded State management of the construction grants program as required by Section 205(g). The update of the Agreement will incorporate expanded elements of the State's Construction Grants program. 1. b We agree that advanced waste treatment (AWT) is not always necessary to meet stream standards. We will encourage the use of the 201 process for the collection of water quality data necessary to assess waste load allocations. National policy on AWT has been recently developed to as SUB* that AWT plants are necessary before they are built. 1. c We agree that the State OfeM grant program should be continued. Changes to the program such as additional aid for high treat- ment technology facilities would require legislative changes and possibly additional appropriation. l.d&f The role of 208 planning and management agencies should be in- cluded in the water quality management plans which they develop. This role and the responsibilities of a planning vs. a management agency should be recognized. Continued planning functions delegated to 208 agencies can play a strong role in the facilities planning process of the construction grant program. Policy and regulations do not permit the granting of 201 funds to planning agencies. We will continue, however, to encourage broad appli- cations of these funds, as permitted by law, to assure that program functions are carried out by the most capable institutions. 1. e The relationship of 201 and 208 planning processes will be clarified in the first update of the Agreement. 1. g We agree. ------- COMMENTS I^PDES and Industrial Dischargers 2.B.2 and 2.A.1 the comments received on each of these two chapters of the agreement apply to both. Any modifications should consider both chapters as a whole. l. Several inquiries were received which asked for clarification of the role of external organizations in the NSPDES process. These included: a. A request to describe in this section standard setting authority as it bears on permits. b. Several 208 agencies suggested that the role of these agencies should include: receiving NPDES permit violation reports; carrying out economic investigations (as suggested in the chapter); coordinating the identification and establishment of toxic control strategies; being included in the development of a statewide pretreatment strategy. c. Others noted that local county and city officials and DEC Regional Offices should be involved in drafting "abatement schedules" along with 208 agencies. 2. In the area of "priorities" these points were noted: a. Economic considerationsmust be weighed to avoid severe hardship. If, however, this becomes a program objective it, i.e. economic benefits, should be noted "up front" with other goals such as environmental and public health objectives. b. In classifying dischargers as "major" the presence of toxics is considered for industrial emitters. The chapter notes that flow is primarily used in classing majors among municipal dischargers. Both, perhaps, should be using toxics as a factor for distinguishing majors. c. Care must be taken not to set standards or regulations which are greater than those set by Federal law. They may adversely impact industry and the State economy. 3. Several commentors requested that program changes due to the passage of the Clean Water Act be reflected in the agreement. a. This should include particularly those statutory changes regarding municipal and industrial time extensions and the fact that public notification of permits changes due to the Act should be required if the permits are ever made less restrictive. b. Also the authorized usage of non-structural BMP's should be used in permits for CSO problems. Pilot CSO programs throughout the State should be considered. 4. Concerning the roles of different departments and agencies commentors noted: ------- - 2 - a. Waste load allocations should be prepared by the Bureau of Monitoring and Surveillance (NYSDEC) because they have the necessary verified stream models. b. The enforcement of pretreatment standards may best be accomplished by DEC or EPA rather than local agencies. ------- RESPONSES N/SPDES AND INDUSTRIAL DISCHARGES 2.B.2 and 2.A.I l.a Technology based effluent limits as established under Federal Law must be imposed as a minimum in N/SPDES permits where State water quality standards require more stringent controls than are imposed. l.b The role of 208 planning and management agencies in permit issuance should be developed through, the water quality management plan for the particular area. This role will be incorporated into the Agree- ment as appropriate. l.c In accordance with federal and state law, development of industrial abatement schedules are the responsibility of DEC central and regional offices in conjunction with the particular discharges. 208 planning and local agencies can establish priorities for abatement to achieve desired water quality goals and so identify these priorities in the areawide water quality management plans. 2.a We agree that economic considerations and economic benefits should be considered along with environmental and public health objectives. A clear statement of this and other principles will be added in the first update of the Agreement. 2.b We agree. Along with flow, the presence of industrial discharges in a municipal system are a factor in classifying municipal discharges as majors. 2.c We agree that New York State's water quality standards and regulations should be consistent with criteria recommended by the Federal government to assure consistency with standards for adjacent states. 3. a The first draft of the NYS/EPA agreement was drafted prior to enactment of the 1977 Clear Water Act. However, before going to press changes were made incorporating many of these new statutory requirements. Additional changes will be made in the first update of the Agreement to reflect the statutory requirements of that Act. 3.b. The requirement to utilize Best Management Practices (BMP's) to minimize the discharge of pollutants from industrial facilities will be incorporated into the renewal of industrial permits. Considerable research has been conducted on the effect of Best Management Practices in reducing pollutants in combined sewer overflows. BMP's will continue to be examined for inclusion in municipal permits. See comment l.d in the combined sewer overflow section. 4.a We agree that waste load allocations are the responsibility of and should be prepared by DEC. For the category of first priority dis- charges, i.e. inadequately treated municipal and industrial effluents, this process has been relatively straight forward. As we approach the correction of the next priority pollution sources, namely, combined sewer overflows, urban runoff and non-point source pollution, con- siderably more information will be required to establish allowable waste loadings. Cooperative efforts of State and local agencies ------- -2- are necessary to obtain adequate data to conduct a cost-effective analysis of future pollutant load reductions. 4.b Final regulations concerning the implementation of pretreatment requirements have been promulgated by EPA since the preparation of the draft State/EPA Agreement. These regulations provide for the delegation of pretreatment programs to the State and local level. Local agencies will be encouraged to adopt, implement and enforce pretreatment requirements. DEC will retain an overview responsibility to oversee local pretreatment programs and may directly undertake the implementation of this program for certain communities. The first update of the Agreement will include a discussion of the proposed New York State pretreatment program. ------- COMMENTS NONPOINT SOURCE MANAGEMENT 2. 6-3 1. Several comments were received related to the scope of the non- point source chapter. a. A number of commentors questioned why the chapter dealt only with agriculture, silviculture, mining and construction. Sug- gestions were made that priority attention should also be given to urban runoff, on-lot disposal, and in-place pollutants (ben- thic deposits)) in areas where they are major problems. On-lot was cited as a major problem in rural areas. b. The schedule for theAnonpoint source chapter should be presented. 2. A large number of reviewers commented on the need to involve and utilize the expertise of local, state and federal agencies in the development of the State Nonpoint Source Management Plan. •H* a. A main thrust ofAcomments was that the water quality management program must fully utilize local identification and prioritization of nonpoint pollution problems and must pursue the resolution of the problems on a watershed by watershed basis within the context of overall State guidelines. DEC should delineate the legal effect and applicability of these guidelines, or minimum standards of performance. State mandates regarding priorities could lead to inefficient use of funds to attack low priority problems in given areas, b. DEC must involve SCS, Soil and Water Conservation Districts, Coop- erative Extentions, Cornell University, SUNY College of Environmental Science and Forestry and "208" areawide agencies in developing BMP's. One commentor went so far as to say that DEC should be ijjS»dated to accept the determinations of expert agencies. c. One reviewer suggested that the Agreement mention the need for NYS DOT controls on the storage and application of de-icing substances (See page 2-129). d. One commentor sought clarification of activities l(a) and l(b) on page 2-134. Will these activities involve negotiation only with agencies operating existing programs or also with agencies assuming new responsibilities: ------- e. One commenter sought further clarification of the nonpoint source parameters to be included in water quality standards (See Activity 5(e)). 3. A large number of reviewers supported the concept of a voluntary nonpoint source pollution program as opposed to a regulatory program. a. Regulatory controls over nonpoint pollution are unacceptable without first documenting that a problem exists. We must concern ourselves with what is socially acceptable and not acceptable. b. Farmers fear nonpoint control programs laid out in "208" plans because once these plans are adopted they take on the force of law. We shouldn't let the costs of controls drive New York State fanners out of business. Financial assistance should be part of the plan. c. Support was indicated for a voluntary program coupled with moni- toring to assess its effectiveness., The voluntary program should then be abandoned only as a last resort. d. If a regulatory program is required, local regulatory programs should be considered as an option. e. There is a need for an educational outreach program, perhaps through the Cooperative Extension, to let fanners know what's going on in "208" 4., Several comments were made concerning programs for the control of pol- lution from on-lot disposal. a. Septic tank inspection and maintenance ordinances are not enough. Inspection and maintenance systems must also be established and supported. •b. Only counties and not DEC have the capability to inspect individual waste disposal systems. '5. Several reviewers commented on the need for nonpoint source monitoring and local involvement in such monitoring. a. Nonpoint source monitoring is important in identifying and gauging the success of control programs. Increased resources should be devoted to nonpoint source monitoring in order to allow testing for nonpoint source loadings at peak flow and to develop long-term trend analyses. A "go slow" approach was advocated with a 10 year period of monitoring to identify nonpoint source problems. One ------- commentor recommended monitoring of sediments resulting from erosion. It was suggested that monitoring data be developed through further 208 studies. b. Local involvement is important for nonpoint source monitoring. DEC should seek the assistance of local groups and universities in nonpoint source monitoring. c. The participants in the decision making process for funding priorities and, hence, delegation of monitoring responsibilities to local entities should be specified (page 2-139). d. One commentor stated that contrary to indications on page 2-187, the 208 effort has assessed relative impacts of upstream non- point sources on water quality. e. Commentors pointed out the following inconsistency: despite the fact that there is a lack of knowledge regarding nonpoint source (page 2-131), recognition of a need for long term commitment to monitoring (page 2-133) and a stated need to develop a program to assess nonpoint sources (page 2-190), DEC cannot justify non- point source monitoring (page 2-187). 6. A number of reviewers commented on the type of management agencies that are desirable for implementing the State Nonpoint Source Plan. a. There was concern that the agreement specified DEC as the nonpoint source management agency. b. Nonpoint source management agencies should be as close to the local level as possible. There should be local management and technical application wherever the expertise exists. 7. Reviewers made the following additional comments on the nonpoint source chapter: 3i. The NYS DOT suggested revisions to the agreement that would more adequately describe their efforts in the nonpoint source area. b. The national nonpoint source program's emphasis on non-structural solutions was neglected in the Agreement. c- The objectives of the Great Lakes Water Quality Agreement should be included. d. The Housing and Community Development Act should be added to "Pertinent Laws" on page 2-121. ------- RESPONSE NONPOINT SOURCE MANAGEMENT 2.B.3 General. The completion of the Statewide Water Quality Management Plan will heavily influence the revision of this Chapter. A draft of the Statewide Plan is expected to be available for review in March of 1979. l.a Agriculture, Silviculture, Mining and Construction are mentioned because these activities are under active study under the 208 pro- grams. Urban Run-off is covered in Chapter 2.A.5. As described on page 2-223 of the Agreement, in-place-pollutants and on-lot disposal will be given more attention in agreement updates. l.b This chapter will be revised as part of the overall Agreement update. The proposed federal rules and regulations call for the completion of a draft revision by June. 2.a To the extent possible, New York State Department of Environmental Conservation will involve local governments and agencies in the identification and prioritization of non-point source problems. NYSDEC is currently using the inputs of County Health Departments, County Soil and Water Conservation Districts and designated 208 agencies to identify streams that may be stressed by nonpoint sources of pollu- tion. The language in the Agreement will be modified as necessary to include this concept. 2.b All of the agencies mentioned are currently involved in the development of best management practices (EMP's). In particular, Cornell University is developing the Agriculture -BMP's and SUNY College of Environmental Science and Forestry is developing the Silviculture BMP's. 2.c The need for this will be considered in the Agreement update. 2.d Under the 208 program NYSDEC is currently examining existing NPS programs, and as part of both the current and future 208 programs, negotiations would be conducted with agencies with existing responsi- bilities and agencies that might be considered for new responsibilities. 2.e The parameters have not yet been determined. 3.a-,b.c Nonpoint source pollution is not one program or one problem. It consists of a great many activities which may contribute to water quality degradation. The most practicable program strategies for many of these activities will include voluntary controls with incentives and guidelines. However, other activities, such as on-lot disposal (septic tanks), already have widely accepted regulatory programs. We agree that it is important in these programs to be reasonably sure that there are 5.ndeed existing or potential water quality impacts before voluntary or regulatory programs are seriously considered. There also exists a need to monitor the effectiveness of both voluntary and regulatory programs. ------- -2- 3.d If regulatory programs are required, local regulatory programs would be considered as an option. Nevertheless, there is a definite need for statewide uniformity in regulation. 3-e We agree that there.is a need for an educational outreach program, particularly in an area as broad and vague as nonpoint pollution. The Cooperative Extension is one possible agency to accomplish this. 4. We agree. On-lot disposal systems require construction, inspection and routine maintenance. The draft Statewide 208 plan implementation strategy for on-lot disposal envisions a strong role for counties in the construction, inspection and maintenance of on-lot disposal systems. 5.a+e We recognize that monitoring is an important element in the overall nonpoint source management program. Monitoring, as described here, includes the monitoring of activities on the land, monitoring the effectiveness of controls on these activities, and monitoring their in-stream impact. There is a need to develop an effective overall monitoring program which includes assessment in all three of these areas. Despite current budget restrictions, some nonpoint source monitoring will occur. However, since nonpoint source monitoring techniques are not as well defined as point source monitoring techniques, the initial forms will be on the development of an overall monitoring protocol through the selective study of test basins. Over the next year a monitoring protocol will be developed and monitoring will occur in the West Branch Delaware basin. The information and techniques developed will greatly influence the nature and extent of future non- point source monitoring in New York State. 5.b We agree. Local involvement is important in many nonpoint source monitoring activities and DEC will continue to seek the assistance of local groups and universities. 5.c The designated 208 agencies have the opportunity to recommend funding priorities and monitoring responsibilities in their 208 plans. In the non-designated areas, the advisory committees can make similar recommendations to DEC. 5.d Some designated 208 agencies developed information on impacts of nonpoint source activities. However, much of this information requires further expansion, analysis or refinement. 6.a,b New York State Department of Environmental Conservation agrees that the NFS management agencies be close to local government. NYSDEC has statewide responsibilities and the draft Statewide 208 plan suggests a strong role for County Soil and Water Conservation Districts. The agreement does not designate management agencies; the Statewide Water Quality Management Plan will. 7. These suggestions will be considered in future updates. ------- COMMENTS WATER QUALITY STANDARDS 2.B.4 l. A number of reviewers recommended a change in the orientation of WQ standards policy as reflected in the Agreement. a. There isn't enough resource-based orientation in the Agreement. Consideration should be given to non-degradation, fish and wild- life habitat preservation, watershed protection and the like. b. The NYS stream classification system should be revised as follows: 1) upgrade a stream classifications to reflect standards actually being attained instead of existing uses. 2) retain "d" classification only for intermittent streams. 3) review classification to ensure attainment of standards downstream. 4) establish seasonal use designation. 2. Several reviewers commented on antidegradation policy. a. One reviewer disagreed with the statement on page 2-156 that strict adherence to antidegradation would preclude new discharges and development without "sufficient cause". Adherence could involve higher levels of treatment, but would not preclude new discharges and development since there are exceptions for necessary economic or social development. Compliance with Federal and State laws is "sufficient cause" for adherence to antidegradation. b. Designated 208 agencies should review DEC decisions made under the antidegradation policy. 3. Several comments were received that made suggestions concerning the role of local governments in standards development and review. a. The Agreement should clarify who will develop WQ standards. b. Designated 208 agencies should participate in the development of WQ standards. c- WQ information exchange programs should be developed at the local level for specific programs, i.e., 201, 208, county health depart- ments, etc. ------- d. The need to involve 208 agencies in the standards revision and classification process should be repeated for emphasis throughout the chapter. A number of comments were received on other aspects of the water quality standards chapter: a. DRBC requested a number of changes describing its important role in standards development and revision. b. There is a need for a better method of informing the public of proposed standards revisions. c. The statement on pages 2-160 and 161 that realistic water use designations are more important than meeting the November, 1978 deadline could place DEC in violation of Federal law. d. Hydrologic modifications made by utility companies should be added to those made by DOT on page 2-159, 2nd paragraph. e. "Environmental" should be added to the list of factors in item fl(c') on page 2-161. f. - The standards chapter should include things said in other parts of the Agreement, i.e., the CSO and pretreatment standards discussions. ------- RESPONSES WATER QUALITY STANDARDS 2.B.4 1. a An overriding goal of the entire Agreement is resource preserva- tion. A clear statement of this and other principles will be added in the first update of the Agreement. 1. b The New York State classification system is based on existing and proposed uses of a particular water body and not the actual quality of the water body. As part of NYS's water standards and classifications process the D classification is currently going through the public hearing process. Any changes will be reflected in the first update of the Agreement. Water classifi- cation does take into account downstream uses. Seasonal use classifications are established where appropriate. 2. a We agree in concept with the comment regarding anti-degradation. The anti-degradation statement as promulgated by New York State fulfills the intent that, within criteria for specified water uses, water quality will be maintained at a high level. A mechanism for assuring that standards are met is the N/SPDES program which provides for the establishment of more stringent effluent limits based on the assimilative capacity of the stream. 2. b The New York State anti-degradation policy is in part implemented through the permit program. All interested parties, including 208 agencies,have the opportunity for a review and comment on permit conditions via the public notice/public hearing process. In addition to the policy statement,anti-degradation is imple- mented through a series of general and special laws such as Article XIV of the State Constitution enacted in 1895 for main- taining the Forest Preserve as forever wild; the Wild, Scenic and Recreational Rivers System added to the Environmental Conservation Law by Chapter 869, Laws of 1972; Title 17 of the Environmental Conservation Law specifically prohibiting discharges into certain named rivers, streams and lakes; stream classifications AA special and N where no discharges are allowed, and the formation of Agricultural Districts to preserve land for agriculture use in accordance with the Laws of 1971. In addition, the NPDES (National Pollutant Discharge Elimination System) process serves the intended function of preventing degradation. ------- 3. a, b, d The Agreement should be clear that the State is responsible for the development of water quality standards and classifications. 208 agency involvement in the standards revision and classifica- tion process is available through 1) areawide water quality management planning devel.6pm.ent and 2) the public notice/ hearing process. All public and private parties can participate in the development and revision of water quality standards through the public notice/hearing process. 3. c We agree that formal programs for the exchange of water quality data should be developed'with interested and concerned local regulatory agencies. Through the development of desig- nated and Statewide water quality management plans, local regulatory agencies can specify the degree of involvement in specific program activities. This includes the exchange of water quality information. In addition, water quality data is available from all data collection agencies on request. 4. a The responsibilities of regulatory agencies such as the DRBC in standards development and revision is recognized. This role will be reflected in the first update of the Agreement. 4. b The need for more effective methods of public participation in regulatory standards setting is recognized. Suggestions for improving this communication are welcome. 4. c DEC is proceeding with an orderly upgrading process which has a sound basis in planning. EPA concurs with this process and feels that it is consistent with the intent of the law. 4. d The statement "Hydrologic modification proposed by DOT" was offered as example of an activity which might change stream conditions. Hydrologic modification made by other public and private entities are certainly to be included in this assessment. 4. e "Environmental factors" will be included in the elements for consideration. 4. f Requirements of other program areas will be included in the water quality standards chapter as appropriate. ------- COMMETST S MONITORING 1. Some commentors made statements concerning the level of future effort in monitoring. a. There should be more data gathering and monitoring in general. b. One commentor sought clarification as to whether the State will gather more instream data than in the past. 2. Several reviewers made comments relating to the priorities for different types of monitoring activities. a. The comments on the nonpoint source chapter discuss priorities for nonpoint source monitoring. b. Given the heavy emphasis in the Agreement on toxics, pesticides, chemicals and fertilizer, it is inconsistent to have additional assessment of these substances to be addressed during the CPP (see page 2-212)., c. Strategies should be included for monitoring to lead to standards revisions with a greater focus on public health, fish, and shellfish impacts of pollutant levels. d. New York State should have a Great Lakes monitoring program. 3. Several commentors were concerned about the local role in monitoring. a. The monitoring program should be a cooperative effort between State and local government. Use of local resources should be utilized to the maximum extent possible as that tends to be more cost effective Areawide 208 agencies should coordinate the effort between DEC and local governments. c b. The Agreement should describe coordination between DEC regional offices and local agencies in WQ sampling. c. Local county agencies should be involved in review and follow-up on self-monitoring information. d.Page 2-186 should specify who determines the State priorities for delegation of monitoring responsibilities to counties and what criteria are used in setting those priorities. ------- 4. Several reviewers commented on the need to integrate data from various monitoring programs and make it available to decision- makers and the public. a.. Water quality data collected by various programs should be transferable and usable by all programs so that all data relating to a given problem can be assembled. The Agreement should describe what will happen to the data after it is collected. b. Reporting of ambient monitoring data to the public should be a primary goal of the Agreement. c. Page 2-200 should state that EPA and DEC will work with the Corps to ensure that data collected is interpreted and distributed to the public. d. Page 2-203 should state that DEC monitoring should be compatible with STORE! . 5. There were several comments relating to the certification of labor- atories and the quality assurance program. a. Contrary to page 2-214 there is a certificationVor commercial labs and a quality assurance program run by the NYS Dept. of Health. There is confusion in the Agreement as to whether a new laboratory certification program is needed. While there is a program for labs conducting water supply analysis, it is not clear whether there is a program for labs conducting wastewater analyses (pages 2-203, " 2-204). b. The proposed quality assurance strategy should include development of regulations requiring use of licensed or certified labs for self- monitoring analyses. 6. Several commentors wanted to know where the 8 stream segments where intensive surveys are to take place are located. One of these commentors wants the Seneca-Oneida-Oswego River System to be a top priority. 7. Reviewers also made the following comments: a. The Oswego River Harbor should be a high priority for monitoring dredged material . b. There should be further development and testing of computer models. c. A balance between dry weather and storm water monitoring and a protocel for stormwater sampling should be established, especially given the high priority placed on urban runoff and CSO's. ------- RESPONSES MONITORING 2. B. 5 1. a&b We agree there is a need for more water quality monitoring. Additional monitoring is constrained by the lack of funds. 2. a No comment. 2. b We disagree. Most available resources are being concentrated on point sources of toxic substances. Some resources will be directed to nonpoint source toxics activities over the next two years. 2. c We agree to the need for more monitoring to determine the impact of various pollutant levels. The biggest constraint is the availability of funds to carry out this monitoring. Heretofore, we have had to rely on national research efforts to determine the acceptable pollutant level for various water uses. 2. d We agree that more effort would be expended toward the Great Lakes monitoring program. New York State does sample major tributaries discharging to the Great Lakes. Development of such a program is again constrained by the lack of funds. 3. a To the extent feasible, monitoring programs are coordinated with local government. The ability of local government, however, to undertake this effort is also constrained by the availability of resources for sample collection, analysis and quality assurance. We do not agree that 208 agencies need to play a coordinating role- However, 208 agencies have the opportunity to recommend a monitoring program for their area. 3. b We agree that DEC Regional of fices should act as the coordinator with local governments in monitoring programs. This will be stated in the first Agreement update. 3. c Local agencies should become involved in the followup of self- monitoring information to the extent that they have regulatory authority to achieve pollution abatement. ------- 3. d Priority for the delegation of monitoring activities to the local level is established by the DEC Regional office in conjunction with the Central office program managers. Criteria for delegation of monitoring responsibilities is dependent on the adequacy of staff and laboratory support servi ces available at the local level. 4. a-c We agree that water quality data should be compiled, evaluated and disseminated for use of all concerned. This concern is partially addressed by strategy la in the water quality assess- ment section and Ib in the Public Water Supply section. This element will be further evaluated in the Agreement update. 4. d DEC has agreed to review STORET prior to further developing its own system. The state currently has its own data processing system for water quality monitoring data. It is not directly compatible with STORET. However, on a regular basis computer tapes of DEC data are transferred to EPA for entry into STORET. 5. a There currently is a laboratory evaluation program (quality assurance) which is conducted by DOH. This program includes both private, commercial and regulatory agency laboratories. There is a certification program for private and commercial laboratories engaged in water supply analysis., but not for waste water analysis. Such a certification program needs to be developed. 5. b Once a certification or licensing program for wastewater labora- tories is established, regulations can be promulated which require that only certified laboratories be used for a permit related analysis, 6. The intensive stream surveys scheduled for the summer of 1979 are identified in the 106 Annual Program Plan. 7. a-c We acknowledge that additional water quality monitoring is required. This monitoring should be designed to evaluate conditions during both dry weather conditions and storm related events. A shift in the emphasis of monitoring will be made as particular pollution problems such as urban runoff and NFS become higher priority program areas. ------- ENFORCEMENT 2.B.6 l. Several writers inquired as to the roles of different agencies in the water quality management enforcement strategy. a. Two commentors stated that the NYS Health Department Enforce- ment Actions under SDWA, Coast Guard Actions against water craft dischargers and groundwater enforcement actions were omitted or under-emphasized and should be fully covered. b< A request was received asking that DRBC enforcement authority be cited on page 2-220. c. A commentor noted that the reliance on the Corps of Engineers for dredge and fill on page 2-236 fails to account for dredge spoil deposited on land. d. • A designated 208 agency noted that such agencies should be involved in determining enforcement priorities in their areas and the means for their involvement should be described in the SEA on page 2-226. The same letter requested that 208 agencies be included in the development of enforcement strategies for NfS and residual wastes, and the method of involvement specified on page 2-235. 2. Comments were received with suggestions in the area of enforcement policy and strategy. Considerable support was evident for giving a high priority to enforcement against toxic dischargers. a. One commentor suggested carrying out more follow-up inspection after abatement facilities are completed. The commentor also wanted more fines to be levied against the owner. b. A letter received objected to the high priority given to compliance schedules on page 2-227 on the basis of concern about toxic dis- charges in the interim period before facilities are completed. The commentor wants a balanced approach between compliance schedules and effluent limitations on a case-by-case basis. c. The need for an enforcement strategy for rural areas was represented d. A commentor questioned a statement on page 2-225 which indicated that 208 plans may be a tool in controling toxic dischargers. His query noted that he felt enforcement against toxics would come under the toxic substances control laws. ------- e. Another commentor wants an extended explanation of the pro- posed "revaluation" of policy regarding enforcement against municipal facilities, given the evidence that secondary treatment may not be necessary to achieve standards. ------- RESPONSES ENFORCEMENT 2.B.6 l.a&b We agree. The responsibility of other State and Federal regulatory agencies will be added in .the first update of the Agreement. 1-c We agree that disposal on upland areas is beyond the jurisdiction of the Corps. Future federal RCRA regula- tions may deal with this issue- In the meantime, State solid waste regulations do apply. At any rate, this issue will be discussed in the update of the Residuals section of the Agreement. l.d The role of 208 planning or management agencies in the establishment of enforcement strategies and priorities should be developed in the designated agency water quality management plan. 2.a Inspections of industrial and municipal pollution control facilities are scheduled on the basis of priority of the discharge. This priority is geared toward more frequent inspections of major dischargers (at least once a year). The total number of inspections is constrained by available resources. 2.b High priority will continue for the establishment of compliance schedules and completion of abatement facilities to abate toxic discharges. Where human health and the environment are threatened, interim effluent limits are established and enforced prior to completion of treatment facilities. 2.c The strategy for rural waste is being developed in the Statewide 208 program. When certified, strategy will be incorporated into the Agreement. 2.d Control of toxics will come via many routes: The National/State Pollutant Discharge Elimination System (N/SPDES), The Resource Conservation and Recovery Act (RCRA), the Safe Drinking Water Act (SDWA), etc. The Toxic Substances Control Act (JSCA) is by no means the primary enforcement mechanism. 2.e The process of establishing effluent requirements for municipal and industrial dischargers is mandated by the Clean Water Act (CWA). Our discretion is limited in modifying these requirements of law. New York agrees that the broad requirement for secondary treatment of all discharges may not be necessary to achieve ambient water quality standards. ------- COMMENTS TOXICS 2.B.7 The roles, responsibilities and funding of other agencies in the environmental field received several comments: a. Several designated agencies noted that they should be included in the State toxic substances program. b. The NYS Department of Transportation noted that their responsiblities regarding hazardous water and oil spills should be included in the Agreement. c. The DRBC requested that their study of the final disposal of "industrial exotics" with the objective of examining alternative waste management systems for toxics should be described in the Agreement. c. DRBC also noted that the direct provision of RCRA funds should be considered to interstate agencies. They state that present policy provides for funding through State agencies only. d.One commentor suggested that the self-monitoring of sanitary landfills be conducted at the County level with DEC support and training. 2. Other comments received on the Toxics chapter referred to the general priorities reflected in the strategies, or supported the overall high priority given to toxics programs in the State/EPA Agreement. a.The Agreement correctly emphasizes prevention rather than cures that are too late. EPA should develop standards, guidelines, rules and regulations which govern the use of chemicals. b.Contamination of groundwater by toxic nuclear wastes should re- ceive top priority attention, especially in West Valley. Radio- active wastes should be removed from this location. cJDn page 2-285 a statement should be corrected which seems to imply that the treatment of toxics must always be an alternative. It need not always be an alternative. Controlling the manufacturing or distri- bution of chemicals might be selected where treatability is not feasible ------- RESPONSES TOXICS 2. B. 7 The role of designated agencies in a toxic substances control program should be outlined in that agency's water quality manage- plan. 1. b Since preparation of the draft Agreement, DEC and DOT have negotiated an Agreement concerning responsibility to oil and hazardous material spills. The cooperative arrangements es- tablished through this Agreement will be incorporated in the first update of the State-EPA Agreement. 1. c To the extent that it is applicable to New York State, the DRBC study concerning disposal of toxic substances and alternative waste management systems will be included in the Agreement. l.d We disagree that RCRA funds should be provided directly to interstate agencies. To the extent that interstate agencies par- ticipate with a given State in the implementation of a toxic substances program, funding should be directed through the State agency. 1. e The monitoring of land fills is addressed by Environmental Conservation Law part 360. 2. a We agree. The Toxic Substances Control Act (TSCA), through the premanufacturing notification process will screen potentially harmful chemicals prior to their widespread use. Also, under TSCA, EPA has authority and will regulate the use of chemicals shown to pose unreasonable risks to health or the environment where limitation on use is the most appropriate control mechanism. Limitation of use is but one of the mechanisms to control these problem chemicals under TSCA. 2. b A section on radioactive wastes will be added to the "Other Environmental Programs" area in the further updates of the Agreement. ------- The statement on Page 2-285 correctly states that treatability of a potential toxics discharge must be evaluated as an alternative. This must be done to properly examine the full range of control options available. Treatability would be an important factor considered in action to ban or imit uses of a problem chemical. ------- COMMENTS PUBLIC WATER SUPPLY 2JO l. Several 208 designated agencies provided comments which either corrected certain facts in the SEA regarding specific 208 agencies' activity or suggested water supply-related tasks which may be performed by these agencies. a. The designated agencies cited as having examined groundwater levels and quality are incorrect. New York City is incorrectly included and Westchester incorrectly omitted. b. Locating and classifying all existing and abandoned residual disposal sites is suggested as a task which may be performed by 208 agencies. c. Similarly these agencies should be utilized to develop water conservation and reuse programs. 2. Water quantity was noted by several •commentors as a concern that must be given a priority equivalent to water quality. a. The Agreement should emphasize the need to find new approaches to assessing new supply needs and meeting them; and, a higher priority should be given to problems related to reservoirs, conveyance facilities, i.e., "infrastructures". b. Non-structural solutions should be examined. c. An increased effort towards water conservation and water supply is favored. d. One reviewer requested that the DEC involvement in water supply distribution management be described. e. The impact and use of water supplies on waste treatment is as important as the effect of waste on water supplies. For example, the impact of massive water intakes (e.g. by "high flow skimming") on downstream pollution. 3. Groundwater programs and concerns also received several comments. Some of these referred to aquifters at specific locations. ------- a. Recharging wastewaters, and water conservation can maintain high water tables and prevent the seepage of contaminants into the Magothy aquifer. The League of Women Voter's strongly supports Commissioner Berle's proposed legislation on water conservation. b. One inquirer asked whether there was duplication between the new underground injection control program under the Safe Drinking Water Act and the N/SPDES program in New York State which also regulates groundwater dischargers. c. The Otter Creek Aquifer in Cortland County should be a candidate for sole source aquifer designation. 4. Program relationships with other State and Federal agencies were suggested in several letters received. Some also referred to specific water supply studies. a. Other State institutions should also be included in the SEA, such as, the Public Service Commission, and, possibly the Office of Disaster Preparedness. Also, other Federal agencies should be involved, such as, the Corps of Engineers and the Department of Housing and Urban Development. b. DRBC's authority, including powers in planning, allocations, diversions, releases, construction, emergency powers and rates and charges for water supply should be cited. c. Updating the Oswego County Water Supply Study should be a high priority. d. The DOH in a thorough review letter has submitted editorial and substantive changes or additions to provide the necessary cross references and continuity to other sections in the Agreement. e. The description of the history and status of drinking water surveys in New York is not wholly adequate. Not all water quality moni- toring programs are noted. ------- RESPONSE PUBLIC WATER SUPPLY 2TB7S General. It Is agreed by both, the State and EPA that there is a need for a major expansion of the Public Water Supply chapter to include strategies sufficient to serve as the basis for the annual program plan under the Safe Drinking Water Act (SDWA). l.a Both agencies did a minimal amount of groundwater analysis. The first agreement update will correct the referenced statement. l.b We agree. This would be considered as an eligible activity in areas where this is not yet completed. l.c New York State Department of Environmental Conservation would welcome the help. 2.a With the exception of Southeast New York, the State does not agree that water quantity concerns be given an equivalent priority with water quality. In upstate New York, surface and ground water supplies are generally adequate to meet projected demand. Emphasis is placed on protection of the quality of surface and groundwaters through the CWA and SDWA. Concern with regard to quantity in Southeastern New York is manifest through the North Atlantic Piegional Study, the New York Southeast Water Supply Study, the Northeastern U.S. Water Supply study and the current Hudson River Level B study. For example, the State has requested the Corps of Engineers to accelerate action on the third New York City water tunnel as part of the Hudson River project. Further emphasis on water resources management will be included in the .update of the Agreement. In this update, strategies will be developed which deal directly with water supply planning, including planning for reservoirs, conveyance facilities and the like. 2.b+c Agreed. The use of non-structural solutions to water quantity problems will be included in the first update of the Agreement. The Agreement already reflects an increased concern for water conservation and water supply management. Section 2.C.3 describes water conservation and reuse strategies. Furthermore, the entire Agreement reflects priority concern for the protection of potable water supplies. 2.d Agreed, DOH has the prime role in water supply distribution management. The relative roles of DEC and DOH will be delineated as part of the Interagency Agreement called for in strategy l(a), 2.e We disagree. However; in some instances there is such an effect. Where such an effect exists it should be considered in the environ- mental impact analysis of the withdrawal project. Furthermore, issues of this type are generally dealt with in the Hydraulic/Hydrologic Modification chapter. ------- 3.a Groundwater protection Is a major concern to New York State. The 208 plan for Nassau and Suffolk Counties makes major recommendations on recharge, protection and zoning. We agree that additional study and analysis Is necessary. 3,b There Is the potential for overlap between the UIC and N/SPDES programs, NYS Department of Environmental Conservation and NYS Department of Health will work to avoid any potential duplication. 3.c Initiation of the Designation of the Otter Creek Aquifer in Cortland County is up to local agencies or individua.ls. EPA in conjunction with the State would consider such a request„ 4. a We agree. There are some other state and federal agencies which should be eventually involved. In oi'der to develop the Initial draft agreement, however, the number of participants was kept to the principal state and federal agencies„ 4«b This will be cited by reference in the first Agreement update. 4. c NYS Department of Health will be prioritizing which county public water supply studies should be updated,, 4»d Department of Health changes and additions will be reflected in the first Agreement update„ 4,e We disagree,, We , feel the description was adequate. If more specific detail is supplied, it will be considered. ------- COMMENTS RESIDUAL WASTES 2.A.3 and 2.B.9 1- Several reviewers wanted to change the basic orientation and priorities of the residual waste program. a.. There should be more emphasis on source reduction, source separation and on-site treatment and disposal instead of big centralized facilities. b. Source reduction should be a major priority of the resource recovery program. Markets must be developed for the end products of resource recovery. c. The resource recovery plan places too much emphasis on urban areas. DEC should also emphasize alternate solutions to problems in suburban and rural areas. ^ d. The technology for resource recovery appears not to be econ- omical or sufficiently proven yet to move ahead into implementation. EPA and DEC should provide technological leadership before going forward. e. The level of effort to be put into resource recovery needs clarification given the heavy emphasis on land filling as a solution to residuals and solid waste problems. £. The problem of landfill leachate collection, treatment and control should be discussed in the Agreement, especially in light of the regulation of such sources under ttt SPDES. A task should be added to the strategy whereby leachate control methods would be identified. g. The Agreement should include a DEC monitoring and surveillance program for residual waste. Such a program could identify problems for the Interim Solutions Plan. h. "Residuals" is poorly defined in the Agreement, and appears to cover all but water quality problems created by direct dis- charges into air, aquifers, or waterways. Aquifer contamination by deep well injection and salt water intrusion should have been addressed in the residuals section. Dredged spoil and stored liquids are not residuals. ------- 2. Reviewers wanted EPA and DEC to take the lead in developing technology and alternative methods for solid waste disposal and residual management"; Resource recovery and landfill leachate treatment are two areas where leadership is especially needed. 3- Several reviewers recommended that the Agreement be revised to more adequately involve local government in solid waste and residuals management. a. The DEC should integrate the residuals management program with existing local plans and with problem areas identified by the 208 program. b. Where designated 208 agencies have identified water quality problems caused by residuals, the agencies should assist the DEC in the development and regulatory residual waste plan. c. The State should work with designated 208 agencies in mapping ground and surface water supplies (see page 2-367(d)). d. The strategy discussed on page 2r,20 should stress that identification of planning and management agencies for residuals must by law be done in consultation with local elected officials. e. The roles of designated solid waste planning and management agencies in the development of the Statewide Management Regulatory/Enforce- ment Plan must be spelled out. f- Responsibilities for registration of septic tank cleaners and industrial waste collectors should be taken from DEC regional offices and delegated to county health departments (see page 2-352). Reviewers made several other comments: a. Some explanation is needed on the relationship between components of the State Residuals Management Program (Development Plan, Regulatory Plan, and Interim Solutions Plan): the NYS Comprehensive Resource Recovery and Solid Waste Management Plan required by sub- title D of RCRA. t>. A cost analysis of alternatives to ocean dumping should be developed even though such dumping will be banned by 1982. c. Section 201 funding should be made available to alleviate the bur- dens that compliance with SPDES requirements for treatment of landfill leachate will place on local governments. ------- do Comments of the NYS DOT described DOT dredge and spoil disposal activities not covered in the Agreement. e0 There should be no duplication with other programs in the areas of residual waste management and resource recovery. f. Irs analysis of samples for toxics, the Agreement should specify who will conduct the laboratory analysis. g. One commentor wanted an amplification of the statement on page 2-354 that DEC and Connecticut have initiated a strategy to handle dredged spoil disposal for Long Island Sound. ------- RESPONSE RESIDUAL WASTES 2.A 3 and 2.B 9 Agreed. DEC and EPA will continue to encourage consolidation of solid waste management systems where economies of scale and more efficient operation may be realized; however, this is not meant to preclude the opportunity for a municipality to provide a low technology facility to handle its own waste and ship the non-re- coverables to a central disposal facility. DEC maintains a one million dollar financial assistance program for local government to establish source separation systems. We concur with the corn- mentor on the importance of this issue. The Agreement will continue to recognize the need for source reduction and separation and on- site treatment and disposal wherever feasible. Agreed. The previous response acknowledges our agreement with the need to emphasize source reduction. Similarly, we recognize the importance of market development. See 2-346, 2-347, 2-352, 2-360, 2-365. It is the general belief in the Resource Recovery field that markets exist (for recovered products and energy) and need only be identified or developed, not created. Note, however, that markets can only be developed on the basis of economies, supply and demand. They cannot be mandated but they can and will be encouraged. The Resource Recovery Plan presumably refers to the draft New York State Comprehensive Recovery and Solid Waste Management Plan. Note, this plan is a separate document which is consistent with the goals, objectives and strategies of this Agreement. It provides however considerably more detail. As to the point raised, the plan and the Agreement were intended to encourage local municipalities to pursue alternative solutions applicable to their circumstances and best interests, rural or urban. The plan provides for flexibility in this regard rather than a structurally rigid approach. Population densities, however, do-support different solutions to solid waste problems. For example, centralized Resource Recovery will receive a higher priority in urban areas (2-348, 2-359, 2-360). Low density areas may permit the use of low technology facilities. We believe the Agreement and the plan reflect this policy. We do not agree. Resource Recovery facilities are under construction in the County of Monroe, City of Albany, Hempstead, Hooker Chemical in Niagara County. (The latter two are privately financed.) Tech- nology in this field is new, but proven. Under the provisions of the Environmental Quality Bond Act, New York State has been out front in assisting the construction of first generation recovery systems. EPA also provides a national grant program for new technologies. Our staff numbers follow closely the development of these technologies, and are equipped to provide technical assistance to municipalities in New York State. ------- -2- le. This will be corrected. The tables containing funding levels should assist in defining levels of effort given resource recovery. Additional working level detail may also be found in the annual solid waste program plan. As a five year policy statement we intend to emphasize long-range strategies in the Agreement. These do, we believe, presently emphasize resource recovery- lf. Agreed. A procedural process is in its final development stage for Department coordination of multiple permit requirements including SPDES as they relate to landfill facilities. These permits are limited to the regulation discharges to surface and ground waters. This new procedure is not represented in the Agreement now. It will be added in the context of a policy statement or strategy. lg. Agreed. DEC has instituted a monitoring and surveillance program related to solid waste. There is some reference to it on page 2-352, We agree that the reference in inadequate. A broader explanation of the monitoring strategy will be added. Note, however, we will keep this reference on the "strategy" level. The entire monitoring program description is in the annual (CEPPS) program plan. Ih. The scope of the residuals chapter is under discussion right now. We started out with a traditional "Solid Waste" scope and found many problems such as sludge and dredge spoils are so directly related to this program that logically it should fall within it. However, the RCRA statute has a definition that is narrower than the range of elements we have included. We are resigned to the fact that no system or "categories" will be. "air tight" and comport with each statute, preference, and organization. We do believe, however, that deep well injection and salt water intrusion will best be handled elsewhere in the Agreement. 2. Agreed. Items #1 and #4 cite our grant and technical assistance programs that DEC and EPA employ to promote progress in residua}. waste disposal and recovery. Particular systems supported by New York State include RDF-electricity generation, RDF-steam generation, hydropulping, pyrolization, shredding, glass and metals separation and source separation projects. In addition, several landfills now have liners, leachate collection and treatment, leachate recirculation, shredders and balers. We believe the Agreement presently reflects our policy to continue support for developing technology and alternative methods for residuals management 3a. Agreed. Historically, local government has directed the path to solutions in the solid waste field. DEC and EPA are committed to involve local government in the improvement of solid waste manage- ment systems in New York State. Further, we are so bound by law. 40 CFR 25 outlines specifically how public participation and involvement are to be undertaken. These mandates will be met. ------- -3- 3a, b,c, e. Agreed. There are several references in the Chapter to utilizing and coordinating activities with designated agencies. Page 2-367 describes mapping ground and surface waters and identifying environmentally sensitive areas through the"water quality manage- ment process". This is the program in which designated agencies participate and through their plans influence the programs that are implemented. Another reference is found on page 2-371 which cites the opportunity for "water quality management planning" to partici- pate in the design of the regulatory component of the State residual program. Note also, the "State Development Plan" includes further details on 208 agency involvement. We believe the above cited pages describe the opportunity for the 208 involvement. Agreed. The comment correctly notes that we are required by law to include the public in the designation of planning and implementation agencies. The State has already held 18 public hearings throughout the State and they have generally indicated concurrence with the designations. We will stress this involvement with local elected officials, as suggested, on page 2-20. We agree in part. Qualified counties are involved in the registra- tion of septic tank cleaners. Such counties are responsible under contract with this Department for the receipt of annual registration applications, their review and issuance of permits, and approval and insepction of disposal sites. The processing of industrial hauler applications, however, is retained in the central office because of the potential presence of hazardous wastes. Such wastes require special staff capabilities not available at either the Department regional or county level. Agreed. The relationship of each solid waste program document will be fully explained. To some extent this is being done through the construction grants program. Planning for alternative methods of sludge disposal is an eligible cost under the Section 201 grant program. A cost analysis is an important element of this plan. Most of the major municipal sludge dumpers are in receipt of a grant to prepare alternative plans and will perform this analysis as part of the plan. To some extent the EIS on Ocean Dumping (September 1978, EPA) also addresses the cost of alternatives on page 160. Section 201 funding elegibilities are determined by Statute and regulation. These funds are restricted in use to the disposal and treatment of domestic sewage. We agree that there is a need for support, but our discretion is limited by Statute. As described on page 2-370 a dredge spoil program will be developed. We will include in this the New York State DOT dredge spoil as appropriate. ------- -4- 4e. The purpose of undertaking this Agreement is to examine our programs as a whole and in so doing eliminate duplication. Every effort will continue to be made for minimizing any duplication of effort between programs and agencies in effectuating a satisfactory comprehensive residual waste management and resource recovery program in this State. 4f. In the Agreement we have attempted to parcel out responsibilities for "strategies" and "activities". The Agency identified as responsible for any item will be found in the tables at the end of each chapter. Greater specificity of work to be performed may be found in the annual work plan for the Solid Waste program. 4g. The program for dredge spoil is to be developed as noted in item #20 and on page 2-370. As this program takes shape the relationship of agencies involved in dredge spoils will be described further. There is an agreement between New York and Connecticut for Long Islanj Sound that is in existence right now. Details on this can be provided by DEC upon request. ------- COMMENTS AIR QUALITY MANAGEMENT 2.$.10 This section was not included in the draft Agreement. Nevertheless, the comments received related to air-quality management are para- phrased below. 4. Since this section was not included in the draft, there is a fear that no opportunity will be provided to comment on this important section. 2. The relationship between air-quality management and water quality management is too important to be left for later development. 3. Concern was raised over air pollution problems that result from water quality problems. The example given was the release of toxic organic and inorganic chemicals, and viruses from a proposed natural draft cooling tower. 4. More attention and research should be devoted to nonpoint pol- lution problems transported by air." Interstate and international agreements are necessary to control this type of pollution which causes problems hundreds, perhaps thousands of miles from its source. 5. Acid rain should receive priority attention. ------- RESPONSES AIR QUALITY MANAGEMENT 2. B. 10 The comments on Air Quality will be addressed in the State - EPA Air Quality Agreement targeted for completion in late Spring 1979. An Air/Water interface chapter will subsequently be added to the Water Agreement. 1. There will be an opportunity for comment on the Air Agreement. 2. The Air Agreement could not have been drafted in time to be included in the first State-EPA Agreement on Water Quality Management. 3. Air pollution problems resulting from toxics pollution of water are addressed both in review of power plants mandated by Article VIII of the Public Service Law and through an attempt to integrate the problem into the Department's new Toxic Substances Coordination Program. 4. Research is now underway within DEC and should be expanded. The Air Resources division will attempt to address the need for intergovernmental agreements in the Air Agreement. 5. Acid rain is being researched in terms of origin and chemical conversion mechanisms as well as effects on wildlife and fish. The legislature has held hearings on this subject and EPA is beginning to make efforts ,to address the problem. Further research would be useful. ------- COMMENTS OTHER ENVIRONMENTAL PROBLEMS (2.B.11) This section was not included in the draft Agreement. Nevertheless, the comments received are paraphrased below. 1. There is no listing (outside of three items) of existing programs that may be impacted, or new porograms that may be contemplated. When developed, the draft chapter must be the subject of public scrutiny. 2. Reference was made to the study "Legislative Guidelines for Environ- mental Management in Monroe County" which presents model ordinances to protect critical features. A model town drainage ordinance was pre- sented. 3. The absence in the Agreement of a plan to deal with radioactive wastes is unacceptable. 4. A number of reviewers commented on the lack of a strategy to deal with marine sanitation devices. 5. The Agreement has an inadequate emphasis on NEPA and SEQR. ------- RESPONSES OTHER ENVIRONMENTAL PROGRAMS 2. B. 11 General. The Other Environmental Programs chapter will be developed as the Agreement is updated. 1. We agree. There will be public input in the development of this chapter. 2. Thank you. 3. Radioactive wastes will be covered in this chapter. 4. The commentor is referred to the annual 106 program plan which extensively discusses NYS DEC's strategy dealing with marine sanitation devices (MSD). MSD's will be addressed in the upda.be to the Municipal discharge section of the Agreement. MSD's are also covered in the Nassau-Suffolk 208 plan. 5. NEPA and SEQR will be covered in the update of the Agreement. ------- COMMENTS LAND USE MANAGEMENT The following comments relate to the land use management section of the Agreement. Reviewers stated that: 1. The land use management section lacks focus since it never identifies the ways in which land use planning affects water quality. The reviewer described examples of land use/water quality interactions. 2. Additional strategies should be included: a. Population projection policy should be described. The policy should deal with the role of EDB state projections, the issue of cross acceptance, and the application of projections to facility planning areas. b. State aid can play a key role in land use management through improvements in site selection and design for large scale developments. c. Planning for economic development should ensure maximum exploitation of fishable, swimmable waters. 3. The planning function is weak at the state level. Responsibilities are fragmented, funding is inadequate, and executive support is missing. 4. On page 2-397, the Agreement should be revised to indicate that Governor Carey has adopted the 701 land use element. 5. Table 2-17 shows no input from local authorities in the land use planning strategy. The designated 208 agencies should be included as responsible agencies since they have already performed a con- siderable amount of land use planning. opposed 6. Erie-Niagara noted a preference for 16 land use categories as appBBMrf to LUNR's 51 categories. Furthermore, they indicate that the Agreement is unclear in indicating whether LUNR will be replaced or updated. 7. The statement "DEC and EPA will support the implementation of land use controls" will irritate advocates of home rule. ------- The Agreement should cite DRBC's and DEC's roles in assuring compatibility of NYSPOS, water resources and water supply planning with the DRBC comprehensive plan. This will be especially important when the final Delaware Level B plan is used to deter- mine major mid-course corrections to DRBC's Comprehensive plan. (See page 2-396). ------- RESPONSES LAND USE MANAGEMENT 2.C. 2 1. The land use management section is based upon the assumption that there is a direct relationship between land use and water quality. Future updates will elaborate on this relationship. 2a. The agreement currently addresses a population procedure under "strategy for coordination with other State and Federal agency programs" on page 3-30. In the chapter on Construction Grants page ,2-75,under "status/needs" it is stated that EPA and the State would jointly develop a policy for developing population projections for the State. 2b. The agreement appears to adequately address this concern under Program Develop- ment needs, point,which proposes technical assistance to various levels of local government in incorporating water quality management requirements into the community planning process. Criteria for site selection and design for large scale development would be part of the land use management strategy pro- moted through technical assistance to local government. 2c. We agree that maximum utilization should be made of waters which have been cleaned up to make them attractive for public use. This will be a key element in future land use planning. 3. Throughout the section on Land Use Management heavy emphasis has been placed on both DEC and the Department of State (NY) working together to coordinate their own programs and to give technical assistance to local government. 4. Agreed. 5. The role of Areawide Agencies in land use planning should be defined in their WQM plansc 6. The status of LUNR updating is unclear at this time. The comment will be con- sidered as this chapter is revised. 7. The State and EPA support and encourage land use controls and it is the re- sponsibility of local governments to actively develop and implement such controls. 8. Agreed. This comment will be handled as the Agreement is updated. ------- 2. a See response 1. c in the Water Quality Assessment section (section 1). 2. b These issues were 'covered in other^ sections of the Agreement. We agree that the discussion of O&M, pretraatment and sludge disposal might require expansion in the update of the /Agreement. 2. c The process for establishing effluent requirements for municipal and industrial discharges is mandated by the Clean Water Act. These limits do vary to accommodate different industrial technologies and capabilities. A minimum level of treatment, however, is required for most dischargers. Our discretion is limited in modifying these minimum requirements of law. New York agrees that the broad requirement for secondary treatment of all dischargers may not be necessary to achieve ambient water quality standards. 2. d A discussion of the Municipal Project Priority List will be incorporated in the update of the Agreement. 2. e We agree. Each project is evaluated on an individual basis to assure that water quality standards are met. 3. a&b We agree. 3. c The replacement of existing combined sewers with separate sanitary and storm sewers is evaluated on a case-by-case basis and is undertaken where cost-effective. This occurs pre- dominantly in small communities. In large urban areas, it is recognized that sewer separation is generally not cost-effective. This policy will be reflected in the update of the Agreement. 3. d A policy on sanitary sewer overflows will be included in the update of the Agreement 4. a Agreed. Where "multi-use" is restricted by local statute it cannot be attempted. ------- 4. b We agree that the multiple use concept for waste water treatment facilities should be considered in a broad sense and is required under the amendments of the 1977 Clean Water Act. However, the use of funds for water quality programs are not constrained by both Federal and State legislation. 5. a The residual waste chapter (Section 2. B. 9) addresses the issue of leachate. 5. b Project cost related to the replacement of water lines, roads, lawns, etc. , are eligible construction grants cost where justified. 5. c In the Delegation Agreement for transfer of management of the construction grant program from EPA to the State, a review of the application process and procedure will be undertaken with the expressed intent of simplifying the application process. We disagree that transfer of this program to the State will add to its cost. Delegation of project approval and grant award to the State should result in a shorter time period for the award of a grant, thus reducting the overall cost of the project to the community, i. e. projects will proceed to construction quicker thereby reducing inflation costs. 5. d The update of the Agreement will elaborate on elements of the construction grant facility process where it may be advantageous for DEC to continue this planning. 5. e Agreed. The relationship between the State-EPA Agreement and the construction grants Delegation Agreement will be explained in the first update of the Agreement. ------- COMMENTS WATER CONSERVATION AND REUSE ^.C. 3 Reviewers stated that: 1. The water conservation and reuse strategies lack detail. 2. Leakage monitoring and control should be managed locally rather than Statewide. 3. The use of the term "universal metering" should be clarified. 4. Westchester County requested the opportunity to review the comprehensive water conservation bill package "being completed by DEC for introduction in the State Legislature." ------- RESPONSES WATER CONSERVATION & REUSE 2.C. 3 1. No comment. 2. Agreed. 3. Will be clarified in update. 4. Package was sent to the legislature and did not pass. It will be resub' mitted. Westchester County is welcome to review it. ------- COMMENTS LAKE RESTORATION AND MANAGEMENT 2-C.f 1. A number of reviewers indicated their general support for this section. 2. Erie-Niagara supported the creation of a funding source for grant application research. 3. A number of reviewers emphasized the need for the involvement of the 208 Areawide Agencies in the Clean Lakes program. 4. The Chautauqua County Department of Planning and Development raised specific issues regarding differing analyses of Chautauqua Lake, and the subsequent treatment requirements imposed on local dis- charges . 5. The Seneca County Planning Board described a problem with excessive aquatic vegetation in Cayuga Lake, and recommended that the 208 program consider aquatic vegetation as a pollutant in the State's water bodies. ------- RESPONSES LAKE RESTORATION AND MANAGEMENT 2.C. 4 2. We agree with Erie Niagara. The 314 regulations, expected to be published as a draft in early 1979, will provide funding for grant application "re- search". The funding level will probably be 70% federal, 30% other. 3. To the extent that designated 208 agencies have identified in their manage- ment plan the existence of lakes with water quality problems, they are in- volved in the Clean Lakes Program. Support of 208 planning agencies is desirable when lake restoration projects are submitted for grant consider- ation. 208 agencies may participate through the development of project proposals. 4. The National Eutrophication Survey concluded that Chautauqua Lake is nitrogen limiting which would require nitrogen fixation units on all plants which would discharge to the lake. DEC, however, has concluded that the treatment facilities serving Chatauqua Institute and Mayville need provide only secondary treatment to ensure the maintenance of the water quality standards. As a result, only portions of the treatment process required by the State and by the U.S. Environmental Protection Agency are eligible for construction grant assistance. The decision to provide additional treatment at the Chautauqua Institute sewage treat- ment plan was made solely by the applicant with the result that the additional cost was borne by them. The requirement for providing additional treatment for the South and Center Chautauqua Lake Sewer District (C-36-680) which services Celoron is to maintain water quality standards for dissolved oxygen in the Chadakoin River and has no relationship to nutrient levels in Chautauqua Lake. Gen- erally speaking, when the activated sludge process of providing second- ary treatment is used, the most efficient and least costly process to provide higher levels of reduction of oxygen demanding substances is nitrification. Nitrification does not remove nitrogen and its compounds from the water stream, per se, but reduces the oxygen demand from the nitrogenous substances in the sewage. Two water quality surveys of the Chadakoin, Cassadaga, and Conewango sub-basin have been conducted to determine the reasons for low dissolved oxygen levels and fish kills in the basin. The surveys results indicated that the problems were the result of the combined effects of industrial discharges from the Jamestown area, municipal discharges from Jamestown and Falconer, and nutrient enrichment from Chautauqua Lake. Thus the requirements for nitrification in the South and Center Chautauqua Lake Sewer District facility is imposed in order to ensure the attainment and maintenance of the standard for dissolved oxygen in the streams downstream from Chautauqua Lake, and not for the purpose of reducing nutrients in Chautauqua Lake. 5. The presence of aquatic vegetation in a particular water body is not in it- self a pollutant. Aquatic vegetation is a manifestation of a pollution problem whether it be a result of the natural lake aging process or the result of cultural development. This is a typical example of what the public perceives as the result of pollution. Through the 208 planning pro- cess adyerse conditions such as excessive algal growth or aquatic vegetation can be identified as a water quality problem. ------- COMMENT S FINANCING NYS's WATER QUALITY MANAGEMENT PROGRAM 1. Erie-Niagara objected to the implication that "208" had not taken a close look at the abilities of municipalities to finance water pollution control facilities. They described the work they had done in this area. 2. The Citizen's Union,Acting as a clearinghouse for other review- ers^ stated that this section "shows a welcome sensitivity to the fiscal burdens created by wastewater management on local govern- ment, and to the need for more versatile federal aid and for long term State assistance for operation and maintenance." They, however, also cited deficiencies. a. The focus of the chapter is limited to wastewater management. b. The chapter does not deal with limitationson'use of 201 funds to fund stormwater projects. c. The chapter does not deal with the "Enterprise Fund" concept which deals with segregation of water quality management revenues. d. The chapter stresses the cost of "second generation" problems, but the list of second generation problems is not consistent throughout the Agreement. 3. One reviewer stated that the Agreement should address situations where capital and O&M costs preclude the building of sewage treatment plants. ------- RESPONSES FINANCING NYS'S WATER QUALITY MANAGEMENT PROGRAM 2.c. 5 Erie-Niagara was correct; They did look at financial implications. The updated agreement will make changes Update of Agreement will incorporate the suggestions noted. The draft SW 208 Plan has already incorporated this suggestion. This concern is addressed in the draft State WQM Plan Strategies developed will be reflected in the update of the Agreement. ------- COMMENTS MANAGEMENT AND INSTITUTIONAL ASPECTS OF THE STATE'S WQM PROGRAM 1. Westchester states that this sub-chapter disregards the role of areawide agencies, and the recommendations of the 208 plans Special districts may be unnecessary. Westchester found that the necessary capabilities to implement WQM controls already exist in the County. 2- The Citizen's Union states that this section adds nothing to the Agreement and should be dropped. 3. One reviewer stated that a lead water pollution agency in each county should be designated and receive financial assistance from DEC. ------- RESPONSES MANAGEMENT AND INSTITUTIONAL ASPECTS .OF THE STATE'S WQM PROGRAM 2.C. 6 1. DEC agrees that Westchester County may already have the necessary capabili' ties to implement the WQM control needed in that County. However, all other designated 208 agency plans in NYS have recommended some changes. 2. We disagree. Program implementation requires consideration of management agency capabilities. 3. The draft Statewide 208 plan suggests that there be a lead agency at the county level responsible for water quality management. ------- COMMENTS DESIGNATION. DELEGATION AND COORDINATION OF PLANNING 3.4 1. A number of reviewers commented on the sensitive issue of the relationship between EPA, DEC and the six designated agencies. •At a. Contrary to the requirements of Section 208 of Clean Water Act, the Agreement places planning powers for the entire State, including the designated areas, in DEC. EPA and DEC may not circumvent the requirements of the law by means of a contract. Several reviewers saw this as an attempt to remove decision making from the hands of local government. b. An objection was raised to the statement that designation gives an areawide agency "a franchise to carry out DEC's role under Section 208". c. Interjection of DEC as a third party to all grant agreements made between EPA and a designated agency is illegal. Furthermore, designated agencies should receive funding directly from EPA. d. The New York metropolitan area, because of its interstate nature, requires a strong federal involvement. Testimony at the New York City public hearing indicated a strong desire to continue a direct EPA - designated agency relationship. This desire was also indi- cated in comments received in the Erie and Niagara Counties area. e. Three options for continuing designated agency involvement (desig- nation, delegation and coordination) are mentioned. However, the functions that the designated agencies will perform are not specified The continuing role of the designated agencies should be clarified throughout the Agreement. f. The present pattern of designation is not adequate to deal with the management of natural water systems. The planning boundaries differ. 2. A number of reviewers commented on how best to determine continuing planning needs, and to specify responsibilities for meeting those needs. Individual reviewers stated that: ------- a. Delegation of responsibilities to planning agencies would be acceptable only if the DEC and regional planning agencies could negotiate a long-term agreement (5 years) for future work. This agreement would be similar to the EPA/State Agreement. b. The priority program development needs are not sufficiently 'developed in the draft Agreement to allow DEC to recommend assignment of 208 funds allocated to New York State. c.The statement that "DEC will actively involve all areawide and local agencies in the decision making process for determining future timing and priorities for planning in the program" is not consistent with the rest of the Agreement. It is perceived that the Agreement establishes priorities. Therefore, the state- ment should be clarified. d.There is a need for increased stability in the funding of 208 areawide planning agencies. Without stability, it is hard to generate the momentum required to go from planning to implementation. 3.A specific item of concern was the development of population projections. Reviewers indicated: a.The Agreement should place greater emphasis on the significance 'of EDB population projections, and should describe how they are to be used. The description of the relationship between federal, state and local population projections contained in EPA's Cost Effectiveness guidelines received support. b.HUD 701 planning should be cited as being responsible for growth direction, not population projections. c.All federal agencies should be required to use the same set of geographic projections and relate those projections to a single responsible State agency. d.208 agencies or county planning agencies should certify 201 pop- ulation projections. Population projections should provide for a range of from 10-15 percent on a 20-year design basis 4. A number of reviewers emphasized the need for coordination among programs Reviewers indicated that: a. The Agreement does not adequately deal with coordination with Corps programs and the Coastal Zone Management program. ------- b'Cooperation between the Departments of Health and Environmental Conservation should be emphasized. c.The Agreement should contain a description of Tri-State's role in 208 planning. d.There should be interstate and international agreements for dealing with arid rain. 5.Other comments included the following: a.The Agreement does not come to grips with a mechansim for resolving interregional (especially interstate) disagreements. b.The section on designation, delegation and coordination provides almost no background on the key problems in planning in New York State. Therefore, subsequent recommendations "come from nowhere". The recommendations deal with some, but not all of the problems. c.DEC should use future funds to expand regional staff. Assign a coordinator to each county to act as a laison between DEC and local communities. d.DEC and DOH should each use a 75% re-imbursement rate for County Health Departments. e.The NYS Department of State made several editorial recommendations. ------- RESPONSES DESIGNATION, DELEGATION AND COORDINATION OF PLANNING 3.A l.a Under Section 130.12 of EPA's Rules and Regulations published in the Federal Register on November 28, 1975, it states that a State Planning Agency is responsible for the conduct and coordination of 208 planninn throughout the State, and the State Planning Agency must assure that each element of the States approved planning process is achieved. Therefore, it is DEC's position that it is responsible for assuring that requirements of the federal regulations, 40 CFR, Parts 130 & 131 are achieved Statewide, including the areas where the Governor has designated areawide planning agencies to do water quality management planning. However, the Agreement also recognizes the important authorities and responsibilities of designated 208 agencies. These authorities remain unchanged. Local, state and federal entities are all concerned about meeting the objectives of the Clean Water Act. Three years of 208 planning has taken place in NYS since the first 208 grant was offered in July 1975. It is now time to evaluate this experience and based upon this review to assign parts of the planning process to those agencies that have demonstrated competence, be it a municipal, regional, state or federal agency. This will be initiated through the certification and approval process and incorporated in revisions to the State/EPA Agreement. l.b The Statement should be corrected to read "the authority and responsibility to carry out areawide waste treatment planning under the overall supervision of DEC". l.c EPA has advised DEC that it could not allow the State to be a third party to any grant agreement between EPA and the designated agencies within New York State. 1-d Grants will continue to be made directly from EPA to designated 208 agencies as required by law. However, DEC feels that the existing pattern of designated and non-designated 208 planning areas in New York State does not provide an optimum structure for long term program development. As described in the Agreement, EPA Region II will be delegattngbroader supervisory responsibilities for the management of designated agency work to DEC. ------- 1-e DEC agrees that the roles to be played by the desi ana-ted agencies over the next few years should be spelled out. DEC and the areawfde agencies will be in a better position to spell these out once the initial 208 plans have been completed by the areawide agencies and sub- mitted to the State for certification. It is hoped that the functions of the designated agencies can be clearly spelled out in the first update to the Agreement 1-f Designation of the areawide boundaries tried to incor- porate all environmental constraints. Of course, the boundaries are not perfect and can be changed if there is adequate justification and significant beneficial advantage. In analyzing NYS it is important to look at the Water Management Problems on both a municipal boundary basis and on a drainage basin basis. The State will continue to look at water quality manage- ment problems throughout the State on a basin basis. Where designated agencies continue to perform water quality management planning on a municipal boundary basis, DEC will advise them concerning activities above or below them in the basin. 2.a,b,c At the time the initial Agreement was drafted, there was not sufficient information available to develop the priority program development needs for the assign- ment of 208 funds to designated agencies. As stated in response to question 1, DEC agrees that it is important to define the responsibilities of planning agencies over the five year period, and hopes that this wfll be incorporated into the first update of the State/EPA Agreement. This will be done in close consultation with the designated agencies. 2.d Agreed. EPA is endeavoring to gain stability in the 208 program. However, funding is greatly dependent upon the actions of the present 208 agencies in implementing present plans. 3.a The Population Projection issue has caused a great deal of concern both to the designated agencies and to the State (DEC). In the draft Statewide 208 plan, the State is proposing a population projection strategy consistent with EPA's cost-effectiveness guidelines. This strategy has the following concepts: (i) population projections used by State agencies shall be equal to those developed by the Department of Commerce. ------- (ii) where designated agencies population projections are not equal to those developed by the Department of Commerce, the designated agencies will revise the population projections to meet those of the Department of Commerce. (iii) 208 funds shall not be the only source of funds used to develop population projections. Other potential sources of funds include HUD 701 funds, 205g funds and 201 funds. 3.b This point will have to be resolved by the State, EPA and HUD. 3.c We desire that all federal agencies use a common set of population projections, and EPA will endeavor to obtain this common use. 3.d All 201 population projections must be consistent with the projections in approved 208 plans. We disagree with the use of a range. 4.a The update of the Agreement will consider placing more attention on coordination with the Corps program and the current coastal management program. Currently EPA is endeavoring to coordinate with all federal agencies, including the Corps of Engineers and the Coastal Zone Management program. In a like manner DEC is endeavoring to provide the necessary coordination with New York State programs. This will be reflected in the Agreement update. 4.b The Agreement required both the Department of Health and the Department of Environmental Conservation to meet over the next several months and develop an agreement to define the responsibilities of each agency in the water quality management field. 4.c The role of Tri-State in 208 planning is now being worked out with its state jurisdictions. The role of Tri-State is important in land use plans affected by water and air pollution control actions. Tri-State's Land Use Committee is trying to clarify its role. 4.d See Air Quality Management, response number 4. 5.a The authorities and responsibilities of the local, state and federal governing bodies are often redundant and over- lapping. In New York City efforts are being made to unravel the problems and to come up with an equitable solution which is agreeable to all parties. This is a difficult task. In the update to the State/EPA Agreement ------- consideration will be given as to whether or not the State/EPA Agreement should be the vehicle for identify- ing mechanisms to resolve inter-regional or inter-state di sagreements. 5.b 5.c This comment will be considered during the Agreement update DEC has requested State funding to expand regional staff, basically putting a public participation specialist in each regional office. Also, under the 205 (g) construction grant delegation agreements, it is DEC's intent to put an additional public participation coordinator in each region to assist in meeting the public participation requirements of the construction grants program. 5.d 5.e No comment. These comments update. will be considered during the Agreement ------- COMMENTS CONSOLIDATION OF PLANNING AND REPORTING REQUIREMENTS 3-5 1. One reviewer objected to the statement that the Agreement fully meets the requirements for an agreement on the level of detail and timing of water quality management plan preparation. This objection Was based on the lack of timing and cost information in the tables following each sub-chapter. 2. The Citizen's Union, acting as a clearinghouse for many other reviewers, suggested that: a. Ultimately Subchapter 3B must be expanded to coordinate other plans and reports including: (1) EDB population projections (2) 701 plans (3) CZM plans (4) Level "B" plans (5) NYS/EPA Air Agreement (6) NJS/EPA Air and Water Agreements (7) Connecticutt Air and Water Agreements (8) Water Quality Standards Review b. The suggested process should be reviewed in, at most, five years, and consideration should be given to replacing State/ EPA Agreements with State/FRC Agreements. c- The schedule should be revised to show State/EPA Agreement preparation preceeding revision of the Statewide water quality management plan. This is based on the logic of proceeding from the most general to the most specific documents. 3. One reviewer cited the need to discuss block grants in the Agreement At a minimum, the Agreement should describe the institutional and fiscal changes required to accomodate block grants. ------- RESPONSES CONSOLIDATION OF PLANNING AND REPORTING REQUIREMENTS 3.B 1. EPA and DEC understand the concerns about the lack of time and cost information. The Agreement is being revised to provide this information to the extent feasible. 2.a Consideration will be given to expand sub-Chapter 3.B to include an analysis of the items mentioned and in particular how they affect water quality management planning or how water quality management affects those activities. 2.b DEC intends to review the Agreement process on a yearly basis. Use of an FRC/State Agreement might be a long term option. 2.c The new regulations governing the preparation of State/ EPA Agreements will probably show revisions to the State/ EPA Agreement preceeding revisions to State water quality management plans. In either case, it is DEC's intention that both the Agreement and the Plan be updated on an annual basis, this is a cyclical process. The completed WQM Plan provides input to the State/EPA Agreement which in turn feeds plan updates. 3. No comment. ------- COMMENTS PUBLIC INFORMATION AND PARTICIPATION (Chapter 4) This section paraphrases comments received on Chapter 4 of the draft Agreement. Chapter 4 presents the strategy for involving the public in New York's water quality management program. Specific comments on public involvement in the development of the draft Agreement are not paraphrased here. They are discussed under the heading "General Comments" at the beginning of the chapter. I, The most fundamental deficiency cited in the Public Information and Participation Chapter was inadequate involvement of the public in the decision-making process. Comments included the following: a.The government is not interested in public participation. It is only interested in carrying out a token program. b.The chapter fails to indicate how citizen participation fits into "the agency's decision-making process." E.The emphasis is on information exchange and education, there should be more emphasis on technical and evaluative review. d.Effective public participation requires a rational planning process (State, regional and local) to which the public can relate. The. current planning process does not fulfill this condition. e.The major gap is a failure to specify an acceptable and consistent consultation process whereby local government and local government agencies can be involved in plan formulation. f.Program development should be delayed, if necessary, to allow proper public involvement. g-Implications in guidance and literature that the public will set the course for water quality management is misleading, and may lead to frustration. The law sets severe constraints on what may be done. 2. A number of reviewers commented on the structure for public participation. Comments included the following: a.There is a need to reevaluate the system of environmental management councils and 208 advisory committees. Opportunities exist for integration. One commentor stated that Environmental Management Councils ------- are an institutionalization of public involvement, and that their role should be supported and reinforced. b. There is a need to define the continuing role of existing "208" advisory committees. They are unsure of their future role. c. The maintenance of a clearinghouse to ensure public input to decision making should be a continuing function of government. d. A citizen's channel should be established to allow more effective public input to DEC and EPA. This channel could be used, for example, to allow public comment on N/SPDES permits, or to ensure public input to the State's water monitoring program. e. Industrial Advisory Councils should be cited. f. The Commissioner's Advisory Council on the Environment should meet regularly, not periodically. 3. A number of reviewers commented that the public must be involved in all stages of the program from the earliest stages of development to implementation. Public hearings do not constitute public involvement since most decisions have been made by the time the meetings are held. Furthermore, involvement should be a continuing function. 4. A number of reviewers commented on the resources available to support the public participation program. a. Not enough people know about "208". A broad based public education effort is required. However, it does not appear that adequate funds are available. b. There is a need to reimburse citizens for travel and meal expenses. c. A part-time person should be hired in each county to explain 208 to the public. d. Staffing resources must be made available to advisory committees. Technical experts should be available to aid advisory committees. Furthermore, staff is needed to support outreach programs. e. Available funds are inequitably distributed. Designated areas received far more than non-designated areas. f. All the strategies in the Chapter are meaningless without the resources to back them up. A number of reviewers commented that the percentage figures for public involvement, as stated in the draft ------- Agreement are too low. Alternative suggestions ranged be- tween 10% and 15% of the total program. g. Funds should be made available to assist local citizens in "attacking" local pollution problems. 5. Public participation should focus more broadly on environmental problems. The current focus of public participation is the "208" program. This leads to a biased focus on water. 6. Extensive detailed comments, in addition to those cited above, were submitted by the Citizens Union, the Region III 208 CAC (including the input from a number of other advisory committees), and C.M. Wacenski and M.K. Foster. 7. TheSe should be public participation in the revision to the 1972 Bi-Lateral Agreement between Canada and the United States. The revised phosphorus effluent nn&£itai being considered will SSIrkedly affect sewage treatment plant O&M costs. Therefore, the Bi-Lateral Agreement should be mentioned in this Agreement. 8. One reviewer commented that New York City's public participation program should be described in Section 4.2.4. ------- RESPONSE PUBLIC INFORMATION AND PARTICIPATION (Chapter 4) General. We view the comments received on the public participation chapter of the New York State/EPA Agreement as very constructive. We have decided that the public participation chapter should be substantially revised as a result of public comment and the following programs and regulations which have been proposed since the Agreement was drafted: --proposed public participation regulations covering all water programs --delegation of the construction grants program to NYSDEC, which will increase DEC responsibilities for assuring adequate public participation --full time public participation coordinators in each DEC Regional Office, as a result of the delegation --pilot toxics public participation program --proposed Water Quality Management regulations governing public participation in the Z08 program la. The Congress has demonstrated its commitment to assuring public participation in all Federally mandated programs by including public participation requirements in all recently enacted laws. EPA has proposed a set of regulations covering all water programs, which will not only require increased public participation, but will require that responsiveness to public comment be demonstrated. These regulations also provide the necessary resources by making public participation activities grant eligible. Both DEC and EPA have increased staff resources to assure that citizen comments and concerns are responded to. With funds available as a result of the delegation of the construction grants program, DEC will provide a full time public participation specialist in each Regional Office for 201 activities. DEC will also make public participation staff available for other water related programs. Ib. See Introduction. Ic. Agreed Id&e. A national planning process does exist. However, it needs to be presented more clearly, with associated public and local government impact points. If. Program development is a continuing process. Public involvement needs to be improved but delay serves no purpose. ------- Ig. The laws (Clean Water Act, Safe Drinking Water Act, and Resource Conservation and Recovery Act) also specifically require that the public be provided an opportunity to participate in all Federally mandated and funded programs. While there very often are severe constraints, the public can and must participate in choosing among existing alternatives. 2a. Agreed. 2b. Agreed. 2c. Agreed. 2d. A purpose of this chapter is to support and define these channels. 2e. Agreed. Others should be cited as well. 2f. To be considered. 3. Agreed. 4a. Agreed. 4b. For some programs these costs are eligible but must be individually considered based upon budgetary constraint. 4c. This is the responsibility of 208 staff in designated areas. A significant portion of 208 funds has been allocated for public participation activities. Adequate public education is one of the criteria which will be used to evaluate the effectiveness of 208 plans. For the Statewide effort in non-designated areas, staff in both the DEC headquarters office and each of the nine Regional offices will be responsible for providing opportunities for the public to participate in the 208 process. While placing staff in each county is not feasible, the establishment of public participation staff in each DEC Regional Office should result in an increase in activities at the county level. ------- 4d. To be considered. 4e. Funding distributions were made to comply with the law and rules and regulations prior to July 1, 1975. Subsequent court decisions mandated 208 planning for all portions of all state.s. A greater amount of 208 funds was available prior to July 1, 1975 to fund the designated agencies than was available after the court decision to fund the non-designated areas. Future distribution will be made according to priorities set in this Agreement. 4f. To be considered. 4g. Although there are no funded programs designed specifically for this purpose, the new public participation regulations will result in an increase in resources for public participation activities at the local level. The regulations covering the construction grants program allow for reimbursement of citizen advisory committee member expenses. All public participation activities relating to the construction grants program will be grant eligible. Agr eed. To be considered. The Bilateral Agreement has been signed. There were public hearings held on the draft stages of the Agreeme nt. A reference to the Bi-lateral Agreement will be added to chapter 3. The overall strategy for public participation will define the role of local public participation programs. The document must retain a 5 year scope with strategy level thinking. The details of an individual program should not be included. ------- Appendix "A" - NYS/EPA Agreement - Public Record Summaries of Public Meetings May 3, 1978 May 4, 1978 May 8, 1978 May 10, 1978 May 11, 1978 May 11, 1978 May 15, 1978 May 16, 1978 May 17, 1978 May 17, 1978 May 18, 1978 May 18, 1978 3une 1*, 1978 Transcripts of Public Hearings June 26, 1978 June 28, 1978 June 30, 1978 July 5, 1978 Written Statements Organization 1. Delaware River Basin Commission 2. Central New York Planning and Development Board 3. Niagara Mohawk Power Corp. 4. Erie & Niagara Counties Regional Planning Board 5. Westchester County 208 6. Senator John Marchi Ellicottville Syracuse Hauppauge New York City Albany Corning Rochester Grand Island Canton Warrensburg Binghampton Utica Westchester Rochester Albany New York City Buffalo Date Nature 8/22/78 Letter: Hansler to Beck 7/31/78 Letter: Hennigan to Eichler 8/2/78 Letter: Toennies to Seebald 8/11/78 Letter: Griffin to Beck 8/8/78 Letter: Weber to Berle 6/30/78 Statement for public hearing 7. 208 PAC Mohawk - Hudson 8. Chautauqua County Dept. of Planning & Development New York, New York 6/28/78 Statement for public hearing Albany, New York 7/5/78 Letter: Luensman to Berle and Beck ------- -2- 9. Tri-State Regional Planning Commission 7/27/78 10. Region ni CAC •$1. Madison County Water Quality Advisory Committee 6/16/78 12. Yates County Legislature 7/21/78 13. Town of Tonawanda 8/10/78 1*. Broome County Environmental Management Council 7/6/78 15. New and Used Water Sepcialists Inc. 6/20/78 16. State University College Oneonta Biology Department 6/27/78 17. Syracuse Comm. for the Con- servation of the Environment 6/21/78 18. International Paper Company 6/30/78 19. Temporary State Commission on Tug Hill 6/27/78 20. Seneca County Planning Board 6/23/78 21. 208 CAC Steuben County 6/21/78 22. Town of Amherst 5/24/78 23. Monroe County Environmental Management Council 6/29/78 on 24. The Mohawk Trust 7/5/78 25. Rochester Committee for Scientific Information 7/8/78 26. William C. Larsen, P.E. 6/27/78 27. Broome County Department of Public Works 5/30/78 Letter: Carrel to Berle and Beck Review Comments Letter: Crawford to Beck Letter: Multer and Lawson to Bonchonsky Letter: Melrose to Bonchonsky Letter: Marsi to Bonchonsky Letter: Mikaelian to Beck Letter: New to USEPA OPA Statement Letter: Whittemore to DEC Letter: Quinn to Elchler Letter: Ely to Keller Letter: Hudson to Beck Letter: Sharpe to Buechi Letter: Nelson to Beck Letter: Smiley and Beard to USEPA OPA Letter: Berg to Beck Letter: Larsen to Beck Letter: Pitman to Berle ------- -3- 28. Bob Alpern 29. Citizens Union 30. £lma Environmental Commission 31. .- 32. 33. NYS Dept of State 34. Nanco Environmental Services Inc. 35. Director of Utilities for City of Niagara Falls 36. 37. 38. 39. Erie County Dept. of Environmental Planning League of Woman Voters of Nassau <5c Suffolk Counties 41. Erie County Legislature 42. Mr. E. Robinson 43. Broome County, Executive 44. Elma, New York 45. NYS Dept. of Health 46. Central New York Regional Planning <5c Development Board 47. NYC 208 CAC 48. Office of Forest Marketing & Economic Development 6/11/78 Memo; Alpern to Bonchonsky, Marshall and Fenske Review Comments Letter: Frank to Beck Rec'd 5/25/78 Comments on Chapter IV - Wacenske, Foster 4/27/78 Comments concerning EPA/NYS Agreement: Veechi, Over, Winsor 5/23/78 Memo to Eichler from H. Williams 5/3/78 Letter: M. Gaind to Berle 5/18/78 Letter: R. Matthews to J.C. McMahon 6/2/78 Letter: Loring to OTooleJfc. 6/12/78 Letter: Loring to M. Hurd 6/9/78 Letter: Loring to W. Friedman 8/16/78 Letter: Loring to Beck €4*1. 6/30/78 Memo: 3. Northam'to vtoflt. Beck, et. al. 7/3/78 Letter: Richardson to Berle 7/7/78 Letter: Robinson to Berle 7/11/78 Letter: McManus to Berle 7/12/78 Letter: Frank to Berle 8/15/78 Letter: Helfgott to Eichler 8/28/78 Letter: Hennigan to Eichler 9/13/78 Memo: Danels to Beck 9/27/78 Memo: Oettinger to Eichler ------- *9. Onondaga County Environmental Management Council 9/12/78 Letter: Hennigan to Eichler 50. Buffalo Sewer Authority 8/2/78 Letter: Menno to Secbald 51. Central New York Regional Planning & Development Board 9/5/78 Letter: Hayes to Eichler 52. NYS Department of State 8/11/78 Memo: Williams to Eichler 53. NYS Dept. of Transportation 7/27/78 Letter: Smith to OToole 54. Erie County Department of 8/15/78 Letter: Voell to Friedman r« ------- SUMMARY OF FUNDING PRIORITIES IN THE NEW YORK STATE-EPA AGREEMENT ------- State/EPA Agreement on Water Quality Management The State/EPA Agreement has been developed to ensure the orderly integration of water quality management planning and implementation activities which are being pursued by the various entities representing Federal, State, and local government, and to ensure that these activities are consciously geared to achieve the attainment and maintenance of the objectives of the Clean Water Act. It also serves as a broad management document reflecting important decisions of New York State and EPA on New York State's environmental problems, priorities, timing of solutions, responsibilities and allocation of resources available from the Clean Water Act (CWA), Safe Drinking Water Act (SDWA) and the Resource Conservation and Recovery Act (RCRA), as well as the State funding. Funding is dependent on State and Federal budgeting processes. Clean Water Act (CWA) New York State, through the Department of Environmental Conservation (DEC), will be receiving grant awards through four sections of the CWA: §106, §201, §205g, §208* and §314. These water grants are reflected in the activities listed in the Agreement. 1. Section 106. Water Pollution Control (WPC) Program Grant Federal Fiscal Year 1979 Federal Grant Funds $2,886,400 State Matching Funds 4, 466, 765 TOTAL $7, 353, 165 A federal grant under section 106 is provided to foster development of affected state programs to implement the Clean Water Act. These programs include: monitoring and surveillance, development of water quality standards and stream classifications, issuance and enforcement of discharge permits, administration of the municipal construction grant program and response to water quality emergencies. 2. Section 201 and 1972 Environmental Quality Bond Act - Municipal Construction Grant Program Federal Fiscal Year 1979 Federal Grant (75%) $446,077,800 State Matching Grant (12^%) 74, 346, 300 Local Share (12J%) 74, 346, 300 TOTAL $594,770,400 A federal and State grant program for the construction of publicly owned treatment works. ^ The direction for this program is in accordance with the strategies and activities as identified in the Agreement. *208 grants are also made directly to designated areawide agencies. ------- 3. Section 205g. State Management Assistance Federal Fiscal Year 1979 "First Round" 205g (construction grant program) $6, 500, 000 "Second Round" 205g (Permit program, wpc, program support, New Office of Policy and Program Analysis) 1, 500, OOP TOTAL $8,000,000 The Clean Water Act of 1977 includes an amendment to Section 205 of the Federal Water Pollution Control Act which provides funds for states to manage certain aspects of the water pollution control program. These funds are available to states to manage the municipal construction grants program, the wastewater discharge permit program, the dredge or fill material permit program and the area- wide waste treatment management planning program, in the order of priority listed. The level of funding available through Section 205, State Management Assistance, is 2% of the State's annual construction grant allotment. New York State intends to spend this at the rate of approximately $8 million per year (for six years), assuming a national construction grant appropriation of $4. 5 billion and New York's allotment of 10. 62%. Each year's funds are available for expenditure for a period of 5 years. "First Round" 205g funds will be used by DEC to assume from EPA substantial delegation and administration of the federal Construction Grants Program - $6, 500, 000. "Second Round" 205g While first round monies will be used to assume the administration of the construction grants program, second round monies, amounting to $1. 5 million, and . 830 million freed-up State Purposes funds (first round monies free-up state funds from positions associated with the construction grants program), are proposed for the following: --Toxic Substances Coordination --Industrial programs --Permits, Compliance and Standards --Monitoring and surveillance --Staff training (Pure Waters) --Office of Policy and Program Analysis --The Areawide Waste treatment Management Program --Additional administrative support services necessitated by additional 205g funded workload 4. Section 208. Areawide Waste Treatment Management Plans Federal Fiscal Year 1977 Funds October 1, 1978-May28, 1979 Grant Extension Federal Grant (additional allocation - 75% grant) 835,000 State Matching Funds 278, 00^0 TOTAL 1, ti •:, 000 ------- Section 208 mandates an areawide planning process which is underway in New York to ascertain the most effective ways to achieve the 1983 national goal of swimmable, fishable waters through better management of society's wastes. Six urban regions in the State were designated by the Governor to conduct 208 planning programs. The "designated areas" have completed drafts of the... plans and are currently applying for new grants for their continuing areawide planning process. DEC was selected as the 208 planning agency for the rest of the State. The State's initial 208 plan will be completed by May 29, 1979. DEC must also oversee the designated area programs and coordinate their separate plans into the NYS plan. Specifically all the Plans must: a. Provide cost effective, point source treatment and control for areas of urban-industrial concentrations having substantial water quality control problems. b. Provide for control of non-point sources in urban industrial and other areas where such controls are required including prevention of water quality problems in the future. c. Provide for coordinated waste treatment management in such areas. It is anticipated that EPA will conditionally approve the designated area plans and DEC will continue to provide coordinated technical guidance beyond 1979 for both their initial and continuing annual update planning process. EPA Region II has received $5. 883 million and expects an additional $. 499 million in federal FY 208 funds. A limited amount of the $5. 883 million has already been obligated in the form of interim grants to designated areawide and state planning agencies. The remainder will be obligated among areawide and state agencies on the basis of demonstrated need. In NYS the vehicle for demonstrating need will be a revised Chapter 2-C of the State/EPA Agreement. 5. Section 314. Clean Lakes (Proposed) State Fiscal Year 1979-80 (approximately) Federal Grant (70%) $100,000 State Matching Funds 46, OOP TOTAL $146, 000 To develop a lake management strategy for New York State's Lakes which acknowledges the diverse recreational uses of lakes such as swimming, boat, fishing, etc. ; provides for the devd opment of data on factors which affect those ------- uses such as aquatic plant growth, algae growth, water quality; develop a classification system for NYS lakes; provides for the development of restoration techniques for lake improvement; improves public education and information dissemination on lake problems and management techniques. The Clean Lakes program involves all State agencies and DEC program divisions concerned with lake use and management. Safe Drinking Water Act (SDWA). Department of Health (DOH) Federal Fiscal Year 1979 Grant (75%) $1,431,900 State Match 659, 084 TOTAL $2,090,984 DOH is continuing to administer the State Water System Supervision Program in New York State. This program entails supervision and technical assistance for water quality surveillance at both community and non-community water systems. Activities include microbiological, organic and inorganic chemical radioactivity and .turbidity sampling and analysis as well as plan review, laboratory services and certification, training and certification of water treatment plant operators, enforcement and emergency planning. The department is also continuing its surface impoundment assessment study using a separate grant of $200,000. Resource Conservation and Recovery Act (RCRA). Division of Solid Waste Federal Fiscal Year 1979 Subtitle C Hazardous Waste Management $ 841,175 Subtitle D-State or Regional Solid Waste Plans 943, 500 Federal Grant Total $1,784,675 State Matching Funds 608, 031 TOTAL $2,392,706 Subtitle C of RCRA provides for the authorization of state regulatory programs for hazardous waste management and for financial assistance for such programs. Chapter 639 of the Laws of New York of 1978, the Industrial Hazardous Waste Management Act, provides regulatory authority to DEC for controlling the transfer, storage and disposal of hazardous waste. Activities to be undertaken include review and amendment as necessary of legislation and regulations, permitting, devd opment of a manifest system to track hazardous wastes, surveillance and enforcement, technical assistance, registration of waste collectors and development of a notification system to alert officials to persons or firms generating, storing, transporting, treating or disposing of hazardous wastes. ------- Subtitle D of RCRA requires that all solid waste (not including hazardous waste) be utilized for resource recovery or be disposed of in an environmentally sound manner. It supports states in their establishment of regulatory control over the disposal of solid wastes not regulated pursuant to Subtitle C, and to encourage resource recovery. Activities include updating State strategy, developing a regulatory plan, identification of local and regional planning responsibilities with assistance for development, review of regulatory powers, inventorying and closing or upgrading of open dumps, review of disposal facility plans, prohibition of new open dumps, technical,administrative and marketing assistance to local governments and private groups to promote resource conservation and recovery programs, as well as training courses. Facility planning and development technical assistance will be supplied on a limited basis. Technical assistance training and public education of a general nature to help regional and local governments improve solid waste management facility operation and refuse collection practices will also be undertaken. State/EPA Agreement-Deferred Activities Due to budgetary restraints DEC has had to prioritize programmatic activities. Certain of the strategies for implementation will not be undertaken or will only be undertaken on a limited basis until later in the Agreement period. These strategies are: 1. 2-1 Hydraulic/Hydrologic Modifications - Almost all deferred until later in Agreement period 2. 2-14 Public Water Supply _ With the exception of the development of the DOH-DEC Interagency Agreement, virtually all strategies affecting the integrated role between DOH and DEC are deferred. 3. 2-17 Land Use Management - Many of the activities deferred 4. 2-18 Water Conservation and Reuse Virtually totally deferred 5. 2-21 Management and Institutional Aspects - Largely deferred ------- |