December 20, 2006

	

Mr. Mark P. Mauriello

Assistant Commissioner

Land Use Management

New Jersey Department of 

  Environmental Protection

CN 402

Trenton, New Jersey 08625-0402

Dear Assistant Commissioner Mauriello:

The U.S. Environmental Protection Agency (EPA) has completed its review
of the revisions to the New Jersey Surface Water Quality Standards
(NJSWQS) dated October, 2006.  N.J.A.C. 7:9B.  These revisions were both
adopted by the New Jersey Department of Environmental Protection (NJDEP)
and became effective on October 16, 2006.   They were submitted to EPA
on November 8, 2006.  The submission was accompanied by a letter, dated
October 20, 2006 from New Jersey Deputy Attorney General Jane F. Engel,
which certified that the 2006 revisions had been adopted in accordance
with New Jersey law.  In taking this action, EPA considered the
following documents submitted in connection with the revised NJSWQS: 

the letter from the New Jersey Deputy Attorney General Jane F. Engel,
certifying that the standards were duly adopted pursuant to New Jersey
law (dated October 20, 2006); 	

the applicable notices from the New Jersey Register (dated September 19,
2005,   November 21, 2005, and October 16, 2006).

  

Under Section 303(c) of the Clean Water Act (CWA), 33 U.S.C. ( 1313(c),
states are required to conduct a triennial review of their water quality
standards and submit any new or revised standards to EPA for review. 
Federal regulations at 40 C.F.R. (( 131.20-131.22 implement these
requirements.  New Jersey(s previous review and revision of its water
quality standards were adopted and became effective on June 20, 2005. 
As part of the review process on the 2006 revisions, NJDEP held a public
hearing November 9, 2005 to receive public input and 

comment on the proposed revisions to the NJSWQS.  EPA considers the
adoption of the 2006 revisions to the NJSWQS, along with the public
review and comment process, to constitute the State(s triennial review
of water quality standards.  Based on our review, NJDEP(s procedures are
consistent with, and satisfy the procedural requirements of 40 C.F.R. (
131.20. 

The following constitute the revisions which are being addressed under
this action.  These revisions enhance the NJSWQS, and represent
improvements in the NJSWQS.

the additions of definitions  for (Best Management Practices (BMPs),(
(Carcinogen,( (Non-carcinogen,( and (Water Effect Ratio (WER),(
(N.J.A.C. 7:9B-1.4), which are approved as being consistent with the
requirements under 40 C.F.R. ( 131.3;

revisions to the statements of policy on carcinogens and non-carcinogens
to clarify the derivation of human health criteria for carcinogens and
non-carcinogens (7:9B-1.5(a)(5)), which are approved as being consistent
with the requirements under 40 C.F.R. ( 131.11(a);.

revision to the statements of policy on interstate waters to acknowledge
the change in name of the Interstate Environmental Commission from the
Interstate Sanitation Commission (7:9B-1.5(b)), which are approved as
being consistent with the requirements under 40 C.F.R. ( 131.3;.

revisions to the statements of policy on design flows by listing each
design flow individually instead of aggregating them into one paragraph
(7:9B-1.5(c)(2)), which are approved as being consistent with the
requirements under 40 C.F.R. ( 131.13;   

the addition of a new statement of policy on assessing compliance with
bacterial criteria. providing that NJDEP will utilize the geometric mean
to assess compliance with its bacterial indicators to protect primary
contact recreation (enterococci for marine waters and e-coli for
freshwaters), and that the single sample maximum will be used for beach
notification purposes (7:9B-1.5(c)(7)),  which is approved as being
consistent with the requirements under 40 C.F.R. ( 131.13;   

the relocation of the statements of policy on the implementation of
temperature criteria. from 7:9B-1.14(c)(11) to 7:9B-1.5(c)(8) without
substantive revisions (7:9B-1.5(c)(8)), which is approved as being
consistent with the requirements under 40 C.F.R. ( 131.13;      

the addition of a new statement of policy which allows NJDEP to require
characterization monitoring in NJPDES permits for mercury and PCBs using
EPA Method 1631 for mercury and EPA proposed Method 1668A for PCBs
(7:9B-1.5(e)(7)), which is approved as being consistent with the
requirements under 40 C.F.R. ( 131.13;     

the relocation of statements of policy on heat dissipation areas from
7:9B-1.14(c)(11ii) to 7:9B-1.5(h)(2i) without substantive revisions
(7:9B-1.5(h)(2i)), which is approved as being consistent with the
requirements under 40 C.F.R. ( 131.13;     

revisions to the surface water quality criteria for Pineland (PL)
waters so that the bacterial criteria in 7:9B-1.14(d) apply to PL waters
(7:9B-1.14(b)(2ii)), which are approved as being consistent with the
requirements under 40 C.F.R. ( 131.11(a);     

revisions to the surface water quality criteria for bacterial quality to
replace the previous fecal coliform criteria for waters classified as 
SE-1 and SC with enterococci-based  criteria, and waters classified as
FW-2 with e-coli criteria (7:9B-1.14(d)(1ii)), which are approved as
being consistent with the requirements under 40 C.F.R. ( 131.11(a);     
  

revision of the surface water quality criteria for temperature to
include a maximum temperature criterion of 20oC (68oF) for trout
production (TP) waters, to be applied as a summer seasonal average
(7:9B-1.14(d)(11i)), which is approved as being consistent with the
requirements under 40 C.F.R. ( 131.11(a);         

revision of the surface water quality criteria for temperature to
include a statement that the applicable maximum temperature criteria are
to be applied as a summer seasonal average (7:9B-1.14(d)(11)), which is
approved as being consistent with the requirements under 40 C.F.R. (
131.13;    

adoption of new or revised surface water quality criteria for aquatic
life protection for the following 14 substances: Arsenic, Lindane,
Cadmium; Chromium III, Chromium VI, Copper, Dieldrin, Endrin, Mercury,
Nickel, Pentachlorophenol, Selenium, Silver and  Zinc (7:9B-1.14(f)),
which are approved as being consistent with the requirements under 40
C.F.R. ( 131.11(a) and (b)(1);     

the adoption of a 6 hour averaging period for cadmium, chromium, lead,
mercury, nickel, silver and zinc, and a 24 hour averaging period for
copper, (7:9B-1.14(f)), which are approved as being consistent with the
requirements under 40 C.F.R. ( 131.11(b)(1);   

adoption of new or revised surface water quality criteria for the
protection of human health for over 100 substances based upon: EPA(s
2000 Human Health Methodology; EPA(s recommended fish consumption rate
of 17.5 g/day; updated toxicity information from either IRIS or the New
Jersey Drinking Water Quality Institute; and EPA(s 2005 Guidelines for
Carcinogenic Risk Assessment (7:9B-1.14(f)), which are approved as being
consistent with the requirements under 40 C.F.R. ( 131.11(a) and (b)(1);

the addition of a place holder for the inclusion of site-specific
surface water quality criteria which may be developed and adopted in the
future (7:9B-1.14(g)), which is approved as being consistent with the
requirements under 40 C.F.R. ( 131.11(b)(1)(ii);.  To date only the
previously adopted, and EPA-approved, site-specific copper criteria for
the New York/New Jersey Harbor are included in this section; and, 

revisions to seven water body classifications based on trout status
(N.J.A.C. 7:9B-1.15), which are approved as being consistent with the
requirements under 40 C.F.R. ( 131.10(a) - (e). 

By this letter, I am pleased to approve the above revisions to the
NJSWQS pursuant to Section 303(c) of the CWA, subject to the results of
consultation under section 7(a)(2) of the Endangered Species Act.

EPA initiated consultation with the U.S. Fish and Wildlife Service and
NOAA Fisheries (Services) on November 22, 2006, under Section 7(a)(2) of
the Endangered Species Act.  Section 7(a)(2) requires that federal
agencies, in consultation with the Services, insure that their actions
are not likely to jeopardize the existence of federally listed species
or result in the adverse modification of designated critical habitat of
such species.  Upon completion of consultation with the Services, EPA
will notify NJDEP of the results.	

EPA Region II looks forward to continuing to work with NJDEP to further
improve the NJSWQS.  If you have any questions, please call me at (212)
637-3725 or have your staff contact Mr. Mario Del Vicario, Chief,
Community and Ecosystem Protection Branch at (212) 637-3779.

Sincerely,

Walter Mugdan, Director

Division of Environmental Planning and Protection

cc:      	Leslie McGeorge, NJDEP

Debra Hammond, NJDEP

Lauren Wisniewski, OST-SHPD

bcc:   	Kevin Bricke, DEPP

        	Phyllis Feinmark, ORC-WGGL

        	Eduardo Gonzalez, ORC-WGGL

        	Mario Del Vicario, DEPP-CEPB

        	Felix Locicero, DEPP-CEPB

        	Wayne Jackson, DEPP-CEPB

        	

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