N.Y. Comp. Codes R. & Regs. tit. 21, § 861.12
(1) The average 24-hour temperature gradient displayed during the 1961-1966 period may be interpolated from the following table, which is based on available records:
| Zone 2 | ||||||
|---|---|---|---|---|---|---|
| Date | RM 133.4 to 108.4 | RM 108.4 to 95.0 | RM 95.0 to 78.8 | |||
| (1) | (2a) | (2b) | (3a) | (3b) | (4a) | (4b) |
| °F | °C | °F | °C | °F | °C | |
| Jan. 1 | 37 | 2.8 | 41 | 5.0 | 42 | 5.6 |
| Feb. 1 | 35 | 1.7 | 35 | 1.7 | 36 | 2.2 |
| March 1 | 38 | 3.3 | 38 | 3.3 | 40 | 4.4 |
| April 1 | 46 | 7.8 | 46 | 7.8 | 47 | 8.3 |
| May 1 | 58 | 14.4 | 58 | 14.4 | 58 | 14.4 |
| June 1 | 71 | 21.7 | 71 | 21.7 | 72 | 22.2 |
| July 1 | 79 | 26.1 | 79 | 26.1 | 80 | 26.7 |
| Aug. 1 | 81 | 27.2 | 81 | 27.2 | 81 | 27.2 |
| Sept. 1 | 78 | 25.6 | 79 | 26.1 | 78 | 25.6 |
| Sept. 15 | 76 | 24.4 | 77 | 25.0 | 76 | 24.4 |
| Oct. 1 | 70 | 21.1 | 70 | 21.1 | 70 | 21.1 |
| Nov. 1 | 59 | 15.0 | 61 | 16.1 | 60 | 15.6 |
| Dec. 1 | 46 | 7.8 | 50 | 10.0 | 50 | 10.0 |
| Dec. 15 | 40 | 4.4 | 45 | 7.2 | 45 | 7.2 |
(d) Zone 5.
The induced increase above ambient temperature shall not exceed 4°F (2.2°C) from September to May and 1.5°F (0.8°C) from June to August, or a maximum of 86°F (30.0°C), whichever is less, which temperatures shall be measured outside of designated heat dissipation areas as described in subdivision (f) of this section.
(e) Zone 6.
The induced increase above ambient temperature shall not exceed 4°F (2.2°C) from September to May and 1.5°F (0.8°C) from June to August, or a maximum of 85°F (29.4°C), whichever is less, which temperatures shall be measured outside of designated heat dissipation areas as described in subdivision (f) of this section.
(f) Heat dissipation areas.
The limitations specified above may be exceeded by special permit in heat dissipation areas designated on a case-by-case basis, subject to the following conditions:
(1) Zones 1A, 1B and 1C.
(2) Zones 1D and 1E.
(3) Zones 2, 3 and 4.
(5) All other zones.
(7) Other considerations.
(ii) The determination of heat dissipation areas in tidal waters shall take into special consideration the extent and nature of the receiving waters so as to meet the intent and purpose of the criteria and standards, including provisions for the passage of free-swimming and drifting organisms so that negligible or no effects are produced on their populations.
(g) Definitions.
(a) Trout waters.
In waters classified for trout use the discharge of waste effluent shall not increase the ambient temperature of the receiving waters by more than 5°F (2.8°C) until stream temperatures reach 50°F (10.0°C), nor by more than 2°F (1.1°C) when stream temperatures are between 50°F (10.0°C) and 58°F (14.4°C), nor shall such discharge result in stream temperature exceeding 58°F (14.4°C), which temperatures shall be measured in the stream outside of heat dissipation areas as described in subdivision (f) of this section.
(b) Other nontidal waters.
In nontidal waters other than described in subdivision (a) of this section, the discharge of waste effluents shall not increase the ambient temperature of the receiving waters by more than 5°F (2.8°C), nor shall such discharge result in stream temperature exceeding 87°F (30.6°C), which temperatures shall be measured in the stream outside of heat dissipation areas as described in subdivision (f) of this section.
(c) Zones 2, 3 and 4.
The induced temperature increase shall not exceed 5°F (2.8°C) above the average 24-hour temperature gradient displayed during the 1961-1966 period, or a maximum of 86°F (30.0°C), whichever is less, which temperatures shall be measured outside of designated heat dissipation areas as described in subdivision (f) of this section.