Governing Law and Regulations
New York Department of Environmental Conservation (DEC) Division of Water
U.S. Environmental Protection Agency (EPA) Region 2
See ADDRESSES & CONTACTS for addresses and telephone numbers.
See national section for basic information and federal regulations.
Comparison: State vs. Federal
• Rules. New York has established specific guidelines for thermal discharges into its waters, according to a general state water classification scheme. The state's regulations follow the federal Clean Water Act. In addition, the state offers a modification option similar to the federal thermal discharge variance procedure when a less restrictive temperature limitation is appropriate. EPA Region 2 may also review cases of discharges related to temperature. For additional guidance, see the national section THERMAL DISCHARGES.
• Administration and enforcement. DEC's Division of Water is responsible for the administration and enforcement of the state's thermal discharge regulations.
6 NYCRR 704.1 to 704.7
All thermal discharges to New York waters are required to ensure the protection of the state's shellfish, fish, and wildlife.
General Discharge Criteria
6 NYCRR 704.2(a)
The following criteria apply to all state waters receiving thermal discharges:
- The annual seasonal cycle must be retained.
- Annual spring and fall temperature changes ...