Ch. 583. Nutrient Criteria for Fresh Surface Waters

Contact: Tom Danielson 207- 287-7728

Status

Permission was received from the Board of Environmental Protection (BEP) on 5/7/2009 to post the rule to public hearing and comment. DEP terminated the formal rulemaking process, and is holding stakeholder meetings.  

Introduction

SUMMARY: This Chapter establishes nutrient criteria for Class AA, A, B, C, and GPA surface waters of the State. Nutrient enrichment can cause negative environmental impacts to fresh surface waters, such as algal blooms, low dissolved oxygen concentrations, and excessive growths of filamentous algae or bacteria. Methods described in this Chapter will be used to make decisions about attainment of classification and water quality standards.

Rulemaking materials

• Chapter 583 (draft)
• Notice form (how to comment)
• Posting memo
• Fact sheet
• Posting presentation (pdf of a powerpoint presention)

Supplementary material

• Report: Description of Nutrient Criteria for Fresh Surface Waters (Chapter 583)
• SOP: Protocols for Calculating the Diatom Total Phosphorus Index (DTPI) and Diatom Total Nitrogen Index (DTNI) for Wadeable Streams and Rivers
  
• USEPA materials (off-site)
  • Water Quality Criteria for Nitrogen and Phosphorus Pollution. Nutrient criteria homepage.
    • Criteria Development Guidance. This page provides guidance to states and tribes on how to approach the development of nutrient criteria.
    • Ecoregional Criteria.
• Florida Nutrient Criteria. The USEPA recently determined that Florida's narrative nutrient criteria were insufficient to protect water quality. USEPA will promulgate nutrient criteria for Florida, if Florida does not act before the end of the year. Florida is attempting to develop its own criteria before the deadline. This has also spurred other states to develop their criteria.
  • Development of Numeric Nutrient Criteria for Florida's Waters (homepage)
  • Press release
    

Comments

• Transcript of oral testimony (June 18, 2009)
• Cara O'Donnell and Brenda Commander, Houlton Band of Maliseet Indians (second handout may be coming)
• Angie Reed, Penobscot Indian Nation (not yet available)
• Michael Barden , Maine Pulp & Paper Association
• Kirsten Hebert, Maine Rural Water Association
• Bill Ball, Acheron Engineering, Environmental, & Geologic Consultants
• Kent Mitchell, Superintendent Livermore Falls WWTF
• Dionno Serco and Nick Bennett, Natural Resources Council of Maine
• Greg Cunningham, Conservation Law Foundation
• James Fitch, Woodard & Curran
• Stephen Silva, United States Environmental Protection Agency
• Douglas McLaughlin, National Council for Air and Stream Improvement, Inc.
• June Mooney, Greater Augusta Utility District
• Steve Sutter, Presque Isle

Type of rulemaking

This is a routine technical rulemaking. Note that 38 MRSA 464(5) provides that rules promulgated to implement the water classification system become effective upon adoption. The rules shall be submitted to the Natural Resources Committee of the Legislature during the next regular session following adoption. The committee may submit legislation it deems necessary to clarify legislative intent regarding the rules. If the committee takes no action, the rules continue in effect.