Data centers, leachate rules top Owasco Lake water quality concerns

Adam Effler Owasco Lake Watershed Management Council
Owasco Lake Watershed Management Council logo: a faucet and rain cloud pouring water onto hills and a lake.

Wildfire smoke, data center expansion, and new state landfill regulations are among the water quality issues on the radar for the Owasco Lake Watershed Management Council, according to Dr. Adam Effler, who joined the FLX Morning Podcast on July 15.

Effler addressed questions about whether wildfire smoke could affect water quality in the watershed. While particulate matter from smoke can settle and eventually run off into the lake, Effler said the impact is likely minor compared to more significant sources. “Anecdotally, I would say that it’s of lesser influence than, let’s say, the watershed-borne sediment that moves and is discharged to the lake,” he said, noting that research in this specific area remains limited.

A significant portion of the conversation focused on data centers and their water use. On July 15, Governor Kathy Hochul signed a one-year executive order placing a moratorium on data centers 50 megawatts or larger. A separate bill — the Responsible Data Center Development Act — would extend that moratorium to all data centers and awaits the governor’s signature by year’s end. The New York State Assembly is also advancing bill A-11560, which would establish the state’s first regulatory framework for hyperscale data centers, addressing impacts on energy, water, infrastructure, and public health.

Effler explained that data centers draw heavily from nearby water bodies for cooling, then discharge warmer water back — a form of heat pollution with serious ecological consequences. Even slight temperature increases can threaten aquatic life and, critically, accelerate harmful algal blooms. “Temperature is a significant cause and one that, with regards to global warming trends, is not easily controlled,” Effler said.

Effler also highlighted a proposed DEC rulemaking published July 1 in the New York State Register that would make New York the first state to require treatment of contaminants in landfill leachate — the liquid that forms as water percolates through landfill waste. The OLWMC signed onto coalition letters requesting extended public comment periods, noting that conventional wastewater treatment plants are not designed to remove the wide range of contaminants found in leachate, including those from electronic and battery waste. Written public comments are being accepted by the DEC through September 9.

The Owasco Lake Watershed Management Council holds public meetings on the third Tuesday of each month at 10 a.m. at Auburn Memorial City Hall, with a virtual attendance option available. For more information, visit olwmc.org.

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Paul Szmal: Let's bring in Adam Effler from the Awasco Lake Watershed Management Council. Adam, good morning. How are you?

Guest: Good morning, Paul. Doing well, thank you. How are you?

Paul Szmal: I am good. I wanted to start, before we get into some of the stuff that we want to talk about this morning, asking a question about stuff like wildfire smoke, because I know that's, you know, particulates in the air. It affects our air quality, but with prolonged exposure to it, if it lasts a while, does that have an effect on water quality and watershed management?

Guest: Right, so this is particulate matter, and particulate matter will settle over time. So there is potential influence there of the particulates settling within the watershed that can subsequently run off and be discharged to the lake. I would say with regards to water quality, anecdotally at least, because there's not a lot of research in the field regarding the effects of particulate matter via air quality on water quality with regards to watershed management, but anecdotally, I would say that it's of lesser influence than, let's say, the watershed-borne sediment that moves and is discharged to the lake.

Paul Szmal: We're talking with Dr. Adam Effler this morning from the Alaska Lake Watershed Management Council here on FLX Morning. There have been a couple of movements on the state level, some initiatives that are relevant to water quality protection. One of them has been the top of the news here for the past couple of days, and correct me if I'm getting this wrong, Adam, but Governor Hochul has introduced what is essentially a moratorium on the development of any further data centers in the state.

Guest: Well, so that is correct, Paul, except to the extent that you use the word any future data centers. So as it happens, today Governor Hochul will sign a one-year moratorium on data centers 50 megawatts in size or more. So this is an executive order. There's also a relevant bill on the docket called the Responsible Data Center Development Act, which, if signed by the governor, would put a one-year moratorium on all data centers. So the governor has until the end of the year to sign or veto that bill. For now, though, that executive order is in place.

Paul Szmal: There are a lot of eyes on this particular issue now, the pros and the cons regarding the development of data centers. So the New York State Assembly has been hard at work in developing a comprehensive bill. This is A-11560, and this bill would establish New York's first statewide regulatory framework for the development of what they call hyperscale data centers. And rather than addressing a single issue, this legislation would create an integrated approach to managing the industry's impacts on energy, water, infrastructure, the environment, public health, ratepayers, workers, taxpayers, and host communities. So there are a great deal of potential impacts that are involved with the development of data centers. And the legislature is saying, look, let's make sure we take a step back and do this the right way. And one of the concerns with data centers, Adam, is that data centers need to be near a body of water because they use a tremendous amount of that water to cool the systems.

Guest: That is correct. And so one of the most significant types of pollution associated with that water withdrawal is the subsequent release of warmer water. So it's considered heat pollution. And that, believe it or not, is very significant and important with regards to the ecological health of the waterways that would receive those discharges. So aquatic organisms have very narrow ranges with regards to healthy temperatures for them to survive. And so we're keeping a close look on the extent to which those data centers will self-mitigate, if you will, for that heat pollution. And if the warmer water is released into the ecosystem, sometimes, you know, a couple of degrees difference can make a drastic change. But we're talking probably significantly more than just a couple of degrees here.

Paul Szmal: Well, it could be, yes. And that's exactly what we need to learn more about so we can understand what to expect and develop some regulations and requirements around what is being discharged. And you are correct that, surprisingly, just a couple of degrees difference with regards to water temperatures has a significant impact on the ecosystem. Now, warmer water like that, does that create the potential for more things like the harmful algal blooms that we've seen in various spots around the Finger Lakes?

Guest: That is correct. So for harmful algal blooms, otherwise known as HABs, through statistical regression analyses, we have developed what are called dependencies in terms of identifying the drivers or the causes of harmful algal blooms. And temperature is a significant cause and one that with regards to global warming trends is not easily controlled. And so when we now have a potential influence through industry that can be controlled, this is really a target for making sure we have those controls in place.

Paul Szmal: I want to shift gears here and talk about one of the other state regulatory things that have come forward. This comes from the New York State Department of Environmental Conservation and concerns some new requirements for treating landfill leachate.

Guest: Paul, on July 1st, the New York State Department of Environmental Conservation published the rule making called Treatment and Disposal of Landfill Leachate. And that's within the New York State Register. The agency has announced proposed rules that would make New York the first state in the nation to require treatment of environmental contaminants in leachate at landfills. So the question is, what is leachate? Leachate is a liquid that forms as water moves through waste at landfills before it is released into the environment. And so the proposal would strengthen protections for drinking water and reduce long-term risks to public health and the environment. And so as this process evolved, the Awaska Lake Watershed Management Council also became involved. We initially signed on to a joint letter requesting that the DEC provide a 90-day public comment period upon release of the rule, and then again signed on to an updated coalition letter requesting yet an additional 30-day extension to ensure a full and fair review period. And there are some remaining concerns, and that's where having some additional time for public comment becomes very important. So those concerns have to do with whether the leachate will be treated effectively. And what I mean is, under current protocols, wastewater treatment facilities are allowed to accept leachate for treatment. And while conventional wastewater treatment facilities are designed to treat human waste, more advanced treatment may be required to remove leachate contaminants. And so for those listeners who are concerned, as we are, about the implications and sort of the final concerns associated with this published rulemaking, the written public comments will be accepted by the DEC through September 9th.

Paul Szmal: Okay. And to put this into perspective, Adam, if you had or have as part of your septic system a leach field, well, you know, that's a form of leachate. But this is different, as you said, because it's not human waste. And with a landfill, we're talking obviously a far grander scale of development of that leachate.

Guest: That's correct, Paul. So what I'd like for your listeners to consider is anything and everything that we know ends up in the landfill, you know, some items which probably shouldn't even be there, including electronic wastes, battery wastes, all of those forms of waste are influenced by the precipitation and rainwater and the extent to which that water, that leachate, collects at the bottom of the landfill. So you can imagine all of the wide variety of contaminants that are contained within that leachate and that the reality is our wastewater treatment facilities are not designed to treat or remove those contaminants. So this is an important issue. And also bear in mind that when wastewater treatment facilities discharge, they typically discharge to waterways and some of which end up subsequently flowing to drinking water supply sources, right? So these are really important issues that we need to address as we move forward and protect public health.

Paul Szmal: And I want to mention here that if you want to find out more information about things like this and what the Awasco Lake Watershed Management Council is doing, they have meetings the third Tuesday of every month at 10 a.m. The meetings are usually about an hour and a half and there is the web teleconference option for these. Adam, that is correct?

Guest: So we meet physically at Auburn Memorial City Hall and all are welcome. These are public board meetings and there's also a link provided as well for those who are interested in the Awasco Lake Watershed Management Council's efforts and interested in participating in those efforts. Please visit our website to learn more. That is olwmc.org.

Paul Szmal: All right. As always, Adam, we appreciate having you on board, sir. We'll check in with you next month.

Guest: It's always my pleasure, Paul. Have a great day.