New Jersey Surface Water Quality and Ground Water

New Jersey Surface Water Quality and Ground Water Quality Standards Update November 17, 2017 16 TH Annual Regulatory Update Conference Kimberly Cenno, Bureau Chief Bureau of Environmental Analysis, Restoration and Standards (BEARS) Division of Water Monitoring and Standards (WMS) New Jersey Department of Environmental Protection (NJDEP) November 2017

Who We Are November 2017 NJDEP DWMS BEARS 2

Ground Water Quality Standards �http: //www. state. nj. us/dep/wms/bears/gwqs. htm November 2017 NJDEP DWMS BEARS 3

GWQS Rules, N. J. A. C. 7: 9 C �Ground Water Classifications: Class I, II and III (including subclasses) �Established based on hydrogeologic characteristics of the ground water resource and the designated use(s) to be maintained, restored and enhanced within the classification area. �Designated Uses: Nondegradation, Water Supplies, Other Reasonable Uses �Constituent Standards �Numeric Criteria �Practical Quantitation Limits (PQLs) �Antidegradation Policies November 2017 NJDEP DWMS BEARS 4

Class I – Nondegradation Waters �Designated Uses: Maintenance of special ecological resources and potable, agricultural and industrial water supplies (secondary use). �Class I-A: Watersheds of FW 1 surface waters and State-owned Natural Areas �Class I-PL (Pinelands Protection Area) �Class I-PL (Pinelands Preservation Area) �Ground Water Quality Criteria: �“Natural quality”: Class I-A and Class I-PL (Pinelands Preservation Area) �“Background water quality”: Class I-PL (Pinelands Protection Area): November 2017 NJDEP DWMS BEARS 5

Class II – Potable Supplies �Designated Use: Potable water supplies. �Class II-A: Used as potable water supplies with conventional treatment at current water quality �Class II-B: Used as potable water supplies after enhancement or restoration of regional water quality �Ground Water Quality Criteria: Specific, Interim Specific, or Interim Generic �Constituent Standard: Higher of the Criterion and the PQL = GWQS=Remediation Standard November 2017 NJDEP DWMS BEARS 6

Specific Criteria November 2017 NJDEP DWMS BEARS 7

Interim Specific Criteria November 2017 NJDEP DWMS BEARS 8

Interim Generic Criteria November 2017 NJDEP DWMS BEARS 9

Class III – Nonpotable �Designated Use: Not suitable for potable supplies due to natural hydrogeologic characteristics or natural water quality. �Class III-A: Release or transmittal of adjacent ground or surface waters �Class III-B: Any reasonable use at existing water quality, other than potable water. �Ground Water Quality Criteria: The ground water quality criteria for Class III ground water are determined by the Department on a site-specific, case -by-case basis pursuant to N. J. A. C. 7: 9 C-1. 7(e)-(f). November 2017 NJDEP DWMS BEARS 10

GWQS = Remediation Standards �http: �See http: //www. nj. gov/dep/srp/regs/gwqsfaq. htm November 2017 NJDEP DWMS BEARS 11

Interim Specific Criteria �GWQS rules allow Department to establish interim specific criteria and interim PQLs prior to rulemaking: �For Class II constituents without a specific criterion or PQL (i. e. , not on Appendix Table 1) �Sufficient information available to determine human health risk and derive toxicity factor �Usually in response to cleanup of contaminated site �Higher of criterion and PQL = Interim GWQS �Currently, 23 interim specific GWQS �Posted on Department website �See “Interim Ground Water Quality Criteria Table” http: //www. state. nj. us/dep/wms/bears/gwqs_interim_criteria_table. htm November 2017 NJDEP DWMS BEARS 12

Phase 1 GWQS Rule Amendments �All 23 interim specific criteria were proposed to be replaced with specific criteria and added to Appendix Table 1 as part of the April 3, 2017 rulemaking. �Upon adoption, three constituent standards will become more stringent based on an updated criterion or PQL. � 2 -Hexanone will change from 300 ug/L to 40 ug/L � 4, 6 -Dinitro-o-cresol will change from 1 ug/L to 0. 7 ug/L �Caprolactam will change from 5, 000 ug/L to 4, 000 ug/L November 2017 NJDEP DWMS BEARS 13

Phase 1 GWQS Rule Amendments (cont’d) �Other aspects of the rule proposal include amendments to N. J. A. C. 7: 9 C-1. 7 and to N. J. A. C. 7: 1 E Appendix A �The complete rule proposal and the technical basis and background document are available on the Department’s website at http: //www. nj. gov/dep/rules/notices/20170403 b. html �The public comment period ended on June 2, 2017 �The rule should be adopted by the end of this year. November NJDEP DWMS 2017 BEARS 14

Phase 2 GWQS Rule Amendments �Key Issues Under Consideration: 1. Update numeric ground water quality criteria and PQLs 2. Changes to designated uses, classification areas, and/or classification area maps 3. Clarify, simplify and streamline the rules and their implementation November 2017 NJDEP DWMS BEARS 15

Phase 2 GWQS Rule Amendments, cont’d �Three Stakeholder Work Groups: �Ground Water Quality Criteria Work Group �PQL Work Group �Use and Classifications Work Group �Meetings to reconvene in January/February 2018 �For additional information, contact Sandra Cohen, rule manager, at 609 -633 -1441 or sandra. cohen@dep. nj. gov �For general rule updates, subscribe to the WMS Listserv for GWQS rules at http: //www. nj. gov/dep/wms/subscribe. htm November 2017 NJDEP DWMS BEARS 16

Surface Water Quality Standards (SWQS) N. J. A. C. 7: 9 B � Established Under the Authority of: � Water Pollution Control Act; N. J. S. A. 58: 10 A et. seq. � Water Quality Planning Act; N. J. S. A. 58: 11 A et. seq. � Implemented by Site Remediation, NJPDES, TMDLs, Land Use Regulation Programs

Surface Water Quality Standards � Rules were originally promulgated in 1964 � Readopted without change in October 2016 � New Expiration date – October 17, 2023 � Anticipated Revisions in early 2018 - Triennial Review � Last Revised in 2011

Surface Water Quality Standards (SWQS) Standards Designated uses • Aquatic life, Drinking water, • Agricultural and Industrial supplies, • Navigation, Recreation Classify waters based on Type and Designated Uses • Freshwaters: FW 1, FW 2 (TP, TM, NT) • Saline Waters: SE 1, SE 2, SE 3, SC • PL Water quality criteria are set to protect uses Policies • Aquatic life protection • Human health protection • Antidegradation • Mixing zone, SWQS Variances • General and Technical http: //www. state. nj. us/dep/wms/bears/docs/factsheet 1. pdf

Anticipated Revisions to SWQS � Recreational Criteria –Primary contact � Freshwater Ammonia Criteria � Water Quality Standards Variance � Human Health Criteria for 94 parameters � Include C 1 upgrades � Nutrient Criteria � Protection of Downstream Uses EPA

Water Quality Standards Variance (WQSV) (40 C. F. R. § 131. 14) Definition: A time-limited designated use and criterion for a specific pollutant(s) that reflect the highest attainable condition (HAC) during the term of the WQS variance. • WQSV must include: • Parameter/pollutant • Water body / waterbody segment(s) • Permittee(s) • Term / Duration (can be longer than 5 years) • HAC must be met at the end of the term • WQSV is only for NJPDES implementation Underlying use/criterion remains • Reevaluated every 5 years after EPA approval 21

Water Quality Standards Variance � Working with EPA and interested parties to develop WQSV for arsenic � Established a workgroup to discuss options, solicit input, and formalize the process � 1 st workgroup meeting held on September 28, 2017 � Identify qualifying permittees and data requirements � Reevaluation requirements would enable any advances in technology or research � Contracting with Stevens Institute of Technology bench-scale wastewater treatability study 22

Contact Information NJDEP Stakeholder Workgroup and Public Meeting Schedule Materials posted on the Department’s website at http: //www. nj. gov/dep/workgroups/ NJDEP Division of Water Monitoring and Standards Bureau of Environmental Analysis, Restoration & Standards (BEARS) http: //www. state. nj. us/dep/wms/bears/index. html November 2017 NJDEP DWMS BEARS 23