May 19, 2003 New Jersey Register
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THIS IS A COURTESY COPY OF THIS RULE ADOPTION. THE OFFICIAL VERSION IS SCHEDULED TO BE PUBLISHED IN THE MAY 19, 2003 NEW JERSEY REGISTER. SHOULD THERE BE ANY DISCREPENCIES BETWEEN THIS TEXT AND THE OFFICIAL VERSION OF THE ADOPTION, THE OFFICIAL VERSION WILL GOVERN. DEPARTMENT OF ENVIRONMENTAL PROTECTION LAND USE MANAGEMENT WATER MONITORING AND STANDARDS Surface Water Quality Standards N.J.A.C. 7:9B Adopted Amendments: N.J.A.C. 7:9B-1.15 Proposed: November 18, 2002 at 34 N.J.R. 3889(a) Adopted: April 22, 2003 by Bradley M. Campbell, Commissioner, Department of Environmental Protection Filed: April 28, 2003 with portions of the proposal not adopted at this time. Authority: N.J.S.A. 58:10A-1 et seq., 58:11A-1 et seq., and 13:1D-1 et seq. DEP Docket Number: 28-02-10/347 Effective Date: May 19, 2003 Expiration Date: April 17, 2005 The Department of Environmental Protection (Department) is adopting amendments to the Surface Water Quality Standards proposed on November 18, 2002 at 34 N.J.R. 3889(a). The adopted amendments upgrade the antidegradation designations for fifteen waterbodies from Category 2 to Category 1. The comment period for this proposal closed on February 17, 2003. Public hearings regarding this proposal were held on December 10, 2002 at County Administration Building, New Brunswick, New Jersey and on December 18, 2002 at the Department of Environmental Protection, Trenton, New Jersey. Debra Hammond, Chief of the Bureau of Water Quality Standards and Assessment served as the hearing officer at both the hearings. A total of 43 people presented oral comments. The Department also received approximately 9000 post cards supporting the rule proposal at the December 10, 2002 public hearing. 1 THIS IS A COURTESY COPY OF THIS RULE ADOPTION. THE OFFICIAL VERSION IS SCHEDULED TO BE PUBLISHED IN THE MAY 19, 2003 NEW JERSEY REGISTER. SHOULD THERE BE ANY DISCREPENCIES BETWEEN THIS TEXT AND THE OFFICIAL VERSION OF THE ADOPTION, THE OFFICIAL VERSION WILL GOVERN. After reviewing the Summary of the public comments and Agency responses, Debra Hammond, Chief of the Bureau of Water Quality Standards and Assessment recommended that the amendments to N.J.A.C. 7:9B-1.15 be adopted. The records of the public hearings are available for inspection in accordance with applicable law by contacting: Gary J. Brower, Esq. Attn. DEP Docket Number 28-02-10/347 Office of Legal Affairs New Jersey Department of Environmental Protection P.O. Box 402 Trenton, NJ 08625-0402 Summary of Hearing Officer's Recommendations: The Department proposed amendments to the Surface Water Quality Standards (SWQS) at N.J.A.C. 7:9B to upgrade the antidegradation designations for fifteen (15) waterbodies from Category Two (C2) to Category 1(C1) to provide enhanced protection, definitions for bioaccumulation factor and bioconcentration factor, and MA90CD10, wildlife criteria with the applicable design flows. The Department is adopting amendments to upgrade the antidegradation designations for fifteen waterbodies from Category 2 to Category 1. The Department is not adopting certain portions of the proposed amendments to the SWQS at N.J.A.C. 7:9B. The wildlife criteria proposed at N.J. A.C. 7:9B-1.14(c)13, the applicable design flow proposed at N.J.A.C. 7:9B- 1.5(c)2, and the definitions at N.J.A.C. 7:9B-1.4 are not being adopted by the Department at this time. 2 THIS IS A COURTESY COPY OF THIS RULE ADOPTION. THE OFFICIAL VERSION IS SCHEDULED TO BE PUBLISHED IN THE MAY 19, 2003 NEW JERSEY REGISTER. SHOULD THERE BE ANY DISCREPENCIES BETWEEN THIS TEXT AND THE OFFICIAL VERSION OF THE ADOPTION, THE OFFICIAL VERSION WILL GOVERN. An interagency committee comprised of New Jersey Department of Environmental Protection (NJDEP), United States Environmental Protection Agency (USEPA), and United States Fish and Wildlife Service (USFWS) was assembled to derive New Jersey-specific wildlife water quality criteria for DDT and its metabolites, mercury, and PCBs that would minimize adverse effects of these pollutants on the bald eagle and peregrine falcon. The committee agreed to respond to any comments received regarding the proposed wildlife criteria. The Department received numerous comments regarding the technical aspects of these criteria. The Department has determined it is not necessary to delay the adoption of the Category 1 upgrades while the committee reviews the technical comments on the wildlife criteria. Therefore, the Department will adopt the proposed wildlife criteria, the applicable design flow, and the definitions later in 2003. After reviewing the Summary of the public comments and Agency responses, Debra Hammond, Chief of the Bureau of Water Quality Standards and Assessment recommended that the amendments to N.J.A.C. 7:9B-1.15 be adopted. Summary of Public Comments and Agency Responses: The following people submitted written and/or oral comments on proposed amendments on Surface Water Quality Standards, N.J.A.C. 7:9B. The numbers in parentheses after each comment correspond to the number identifying commenters below. LIST OF COMMENTERS IS AT THE END OF THIS DOCUMENT COMMENT 1: Several commenters requested that the Department extend the comment period on the proposed amendments to the Surface Water Quality Standards. The commenters indicated that the proposed rules are technically complex, have the potential for far-reaching scope of impacts on development throughout the State of New Jersey, and are closely related to the Department’s Stormwater Management rules which were proposed on January 6, 2003. The commenters requested additional time ranging from 60 days to 180 days. (870, 1081,2218, 2520, 2919, 3015a,3015b, 3115) 3 THIS IS A COURTESY COPY OF THIS RULE ADOPTION. THE OFFICIAL VERSION IS SCHEDULED TO BE PUBLISHED IN THE MAY 19, 2003 NEW JERSEY REGISTER. SHOULD THERE BE ANY DISCREPENCIES BETWEEN THIS TEXT AND THE OFFICIAL VERSION OF THE ADOPTION, THE OFFICIAL VERSION WILL GOVERN. RESPONSE: On April 22, 2002, Governor James E. McGreevey announced that the State intended to strengthen water quality protections provided to six streams and nine reservoirs as the start of a broader initiative to provide New Jersey residents with clean and plentiful water. Governor McGreevey’s announcement included the identification of each of the waterbodies to be proposed. These 15 "high quality waters" covered approximately 200 stream and reservoir miles. The Department also indicated its intent to upgrade Sidney Brook and South Branch Rockaway Creek, two of the waterbodies identified by Governor McGreevey, in response to rule petitions for Category 1 upgrades in a notice published in the New Jersey Register on October 21, 2002 (34 N.J.R. 3651). The Governor’s Office issued a press release on October 21, 2002 announcing that Commissioner Campbell had signed the proposed regulation necessary to complete the upgraded antidegradation designation. On December 9, 2002, early in the public comment period, the Department announced and posted on its website the proposed Stormwater Management rules, which included a single subsection concerning Category 1 waterbodies. These proposed amendments to the Surface Water Quality Standards initially provided for a sixty day comment period from publication of the proposal on November 18, 2002. The Department agreed to extend the public comment period an additional 30 days. The comment period closed on February 17, 2003, and the comment period on the proposed Stormwater Management rule closed on April 7, 2003. The Department believes there was sufficient opportunity to comment on each of the proposed rules. General Support (1-132,134-183,185-308,310-317,319-485,487-633,635-676,678-680,682- 785,787-797,799-815,817-869,871-877,879-934,936-986,988-1080,1082-1244,1246-1260,1262- 1283,1285-1295,1297-1369,1372-1400,1402-1405,1407-1412,1415-1440,1442-2201,2203- 2217,2219-2405,2407-2433,2435-2502,2504-2519,2521-2727,2729-2816,2818-2902,2904- 2918,2920-3013,3016-3073,3075-3108,3110-3114,3116-3251,3253-3282,3284-3347,3349- 3423,3426-3431,3433-3447,3449-3522,3524-3536,3538-3687,3689-3691) 4 THIS IS A COURTESY COPY OF THIS RULE ADOPTION. THE OFFICIAL VERSION IS SCHEDULED TO BE PUBLISHED IN THE MAY 19, 2003 NEW JERSEY REGISTER. SHOULD THERE BE ANY DISCREPENCIES BETWEEN THIS TEXT AND THE OFFICIAL VERSION OF THE ADOPTION, THE OFFICIAL VERSION WILL GOVERN. COMMENT 2: The commenters strongly support the measures, including the Department’s efforts through the proposed Category 1 designations, to protect and improve water quality for the citizens of New Jersey. (677,1413) COMMENT 3: Drinking water supplies and watersheds that provide critical habitat for Threatened and Endangered (T & E) species deserve the same high level of protection as trout streams. (8,200,262,406,439,467,589,686,747,799,957,979,1080,1224,1479,1829,2116,2387,2465,2483, 2693,2706,2731,2823,2946,2947,2959,2962,3030,3038,3159,3211,3337,3451,3485). COMMENT 4: The loss of forests directly threatens water supplies, as riparian buffers and filtering forests are replaced with parking lots and rooftops that compromise the quality and quantity of our water supplies. The proposed Category 1 designations would help protect the watershed areas that filter our drinking water from the effects of this wave of development. (687) COMMENT 5: The commenter appreciates Governor James McGreevey and Commissioner Bradley Campbell taking a leadership role in proposing 15 waterways for Category 1 designation and the improvement in standards to protect State threatened and endangered wildlife. (3252) COMMENT 6: The commenter would like to thank both Governor McGreevey and Commissioner Campbell for proposing these upgrades to the New Jersey Surface Water Quality Standards. These Proposed Amendments to the existing Standards must be viewed as long overdue and more specifically as a good first step to which there will be many more steps into this direction.