[Federal Register Volume 64, Number 208 (Thursday, October 28, 1999)]
[Notices]
[Pages 58058-58060]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-28213]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL-6465-5]
CWA 303(d): Proposed Withdrawal of Total Maximum Daily Loads
(TMDLs) for Copper in the Arthur Kill and the Kill Van Kull and
Proposed Establishment of a TMDL for Nickel in the Hackensack River
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: EPA has has reached the following conclusions regarding
certain segments of the New York-New Jersey Harbor: the applicable
water quality standard for copper in the Arthur Kill and the Kill Van
Kull is not likely to be exceeded (i.e., the waters are not water
quality-limited for copper) and, therefore, no TMDL is necessary for
copper; and the Hackensack River below the Oradell Dam is water
quality-limited for nickel.
Therefore, as part of this action, EPA is proposing to establish a
TMDL for nickel.
EPA is hereby issuing public notice on its: proposed withdrawal of
total maximum daily loads (TMDLs) for copper in the Arthur Kill and the
Kill Van Kull; and, proposed establishment of a TMDL for nickel in the
Hackensack River below the Oradell Dam.
DATES: Comments on the proposed action must be submitted to EPA on or
before November 29, 1999.
ADDRESSES: Copies of the relevant supporting documents may be obtained
by writing to Ms. Rosella O'Connor, Fate & Effects Team, U.S.
Environmental Protection Agency Region 2, 290 Broadway, 24th Floor, New
York, New
[[Page 58059]]
York 10006-1866, oconnor.rosella@epamail.epa.gov, or by calling (212)
637-3823.
The administrative record containing background technical
information is on file and may be inspected at the U.S. EPA, Region 2
office between the hours of 8:00 a.m. and 5:30 p.m., Monday through
Friday, except holidays. Arrangements to examine the administrative
record may be made by contacting Ms. Rosella O'Connor.
FOR FURTHER INFORMATION CONTACT: Ms. Rosella O'Connor, telephone number
(212) 637-3823.
SUPPLEMENTARY INFORMATION:
I. Background
II. Proposed Action
I. Background
A TMDL, or total maximum daily load, is the maximum amount of a
pollutant that a waterbody can assimilate and still meet ambient water
quality standards. TMDLs are established for water quality-limited
segments, which are defined as ``any segment where it is known that
water quality does not meet applicable water quality standards, and/or
is not expected to meet applicable water quality standards, even after
the application of technology-based effluent limitations* * *'' (40 CFR
130.2(j)).
On January 24, 1996, EPA established certain phased TMDLs,
including waste load allocations (WLAs) and load allocations (LAs) for
copper and mercury (61 F.R. 1930) for specific waters of the New York-
New Jersey Harbor. The Phase I TMDLs established in January 1996
required additional data collection in the New Jersey Harbor waters
before the establishment, as necessary, of revised Phase II TMDLs.
Phase II TMDLs were to be established only if the additional data and/
or modeling indicated that it was necessary to reduce point and/or
nonpoint sources of certain metals below Phase I levels.
The New Jersey Harbor Dischargers Group (NJHDG), in cooperation
with the New Jersey Department of Environmental Protection (NJDEP) and
EPA, agreed to undertake the necessary additional ambient and load
monitoring and modeling effort necessary to determining if copper,
nickel and lead exceeded or potentially exceeded applicable water
quality standards in the following New Jersey Harbor waters: Newark
Bay, Hackensack River below the Oradell Dam, Passaic River below the
Dundee Dam, Raritan River below the Fieldville Dam and Raritan Bay.
Based on the results of the monitoring effort, it was determined that
copper does not exceed the applicable water quality criteria in any of
the above-mentioned waters. Therefore, the Phase I copper TMDLs, for
the waters mentioned above, were withdrawn on September 19, 1997 (62 FR
49226). It was also determined that, of all of the above-mentioned
waters, only the Hackensack and Passaic Rivers are potentially water
quality-limited for nickel and required further assessment and, as
necessary, the establishment of TMDLs for nickel. None of the above
waters were water quality-limited for lead. The Arthur Kill and the
Kill Van Kull were not directly included in this investigation,
therefore the TMDLs for copper have remained in effect for those
waters. The mercury TMDLs established in 1996 still remain in effect
for those waters.
In 1997 and 1998, the NJHDG, NJDEP and EPA completed a monitoring
program and water quality modeling to: (1) Determine if copper is
actually water quality-limiting in the Arthur Kill and the Kill Van
Kull; and, establish, as necessary, nickel TMDLs for the Hackensack and
Passaic Rivers and Newark Bay. The ambient water quality data and
modeling evaluation contained in the study entitled, ``Monitoring and
Modeling of Nickel in The Hackensack and Passaic Rivers and Newark Bay
and Monitoring and Data Analysis for Copper in The Arthur Kill and Kill
Van Kull'', indicate that: (1) Copper is not water quality-limiting in
the Arthur Kill and the Kill Van Kull, and therefore, the Phase I
copper TMDLs (established January 24, 1996) are no longer necessary;
(2) the Hackensack River is water quality-limited for nickel and
requires the establishment of a TMDL for nickel; and (3) the Passaic
River and Newark Bay are not water quality-limited for nickel and, at
this time, do not require TMDLs for nickel. EPA is requesting comments
on the first two actions.
II. Proposed Action
EPA is requesting comments on the (1) proposed withdrawal of TMDLs
for copper in the Arthur Kill and Kill Van Kull because those waters
are not impaired for copper and effluent limitations required of point
sources under Section 301(b) of the Clean Water Act are stringent
enough to implement water quality standards for copper applicable to
such waters (i.e, these waters are not water quality-limited for
copper) and (2) the proposed establishment of a TMDL for nickel in the
Hackensack River. EPA is establishing the nickel TMDL in the Hackensack
River at the request of the New Jersey Department of Environmental
Protection. These proposed actions are appropriate given the specific
circumstances, original and additional monitoring data, and management
approach agreed upon by the States of New Jersey and New York and EPA,
for the waters of the New York-New Jersey Harbor.
The supporting technical documentation for these actions is
contained in ``Proposed Withdrawal of Total Maximum Daily Loads (TMDLs)
for Copper in the Arthur Kill and Kill Van Kull and Proposed
Establishment of a TMDL for Nickel in the Hackensack River (EPA,
September 1999) and ``Monitoring and Modeling of Nickel in The
Hackensack and Passaic Rivers and Newark Bay and Monitoring and Data
Analysis for Copper in The Arthur Kill and Kill Van Kull'' (Great Lakes
Environmental Center, 1998).
The determination that TMDLs for copper are no longer necessary in
the Arthur Kill and Kill Van Kull is based on additional monitoring
data and modeling conducted by the NJHDG's consultant, with assistance
from EPA. Monitoring and modeling projections included more recent
municipal plant effluent data and New Jersey storm water and combined
sewer overflow data. Previous modeling projections and TMDLs were based
on New York storm water and combined sewer overflow data. These data
were used due to a lack of data for New Jersey storm water and combined
sewer overflows. The more recent storm water and combined sewer
overflow data are much lower than the original estimates. The data and
modeling projections now indicate that the applicable copper criterion
is not likely to be exceeded in these waters. Therefore, the Arthur
Kill and Kill Van Kull are not water quality-limited for copper and do
not require TMDLs. EPA is soliciting public comment on the proposed
withdrawal of the copper TMDLs in the Arthur Kill and Kill Van Kull.
Analysis of ambient data and modeling projections in the Hackensack
River indicate that the applicable nickel criterion of 8.2 g/L
(expressed in the dissolved form) is likely to be exceeded, and
therefore, a TMDL is required. NJHDG's consultant developed a water
quality model to facilitate the development of a TMDL. Modeling
projections indicate that the Hackensack River is an effluent-dominated
river. The ambient nickel concentration is driven by the concentration
of nickel in the Bergen County Utilities Authority (BCUA) discharge.
BCUA represents the largest source of nickel to the River. Other
smaller sources include: North Bergen Sewage Treatment Plant,
[[Page 58060]]
Secaucus Sewage Treatment Plant, combined sewer overflows (CSOs), storm
water, atmospheric and background (upstream sources). Using the
calibrated water quality model, EPA calculated a TMDL of 4.98 lbs
g/day of nickel which will meet the applicable nickel
criterion, taking into account seasonal variations and critical
conditions, and including a margin of safety. The TMDL was allocated to
point sources (waste load allocations) and nonpoint sources (load
allocations). The existing loads of nickel, waste load (WLA), and load
allocations (LA) needed to achieve the TMDL are shown below. The WLA
for BCUA represents a major reduction in nickel load to the Hackensack
River. This reduction will result in meeting the applicable water
quality criterion for nickel. Because the other loads represent
relatively small contributions, and reducing their load has little or
no impact on receiving water quality, no other reductions are being
proposed at this time.
Table--1. Proposed TMDL/WLAs/LAs for Nickel in the Hackensack River
------------------------------------------------------------------------
Existing
Source load (lbs/ WLA/LA
day) (lbs/day)
------------------------------------------------------------------------
BCUA [NJ0020028].............................. 11.3 \1\ 2.2
North Bergen STP.............................. 0.28 \2\ 0.38
[NJ0034339]...................................
Secaucus STP.................................. 0.04 \3\ 0.06
[NJ0025038]...................................
CSOs.......................................... 0.10 0.10
Storm Water................................... 0.81 0.81
------------
WL 3.55
As
Atmospheric................................... 1.06 1.06
Boundary (Background) \4\..................... 0.37 0.37
------------
TMDL 4.98
------------------------------------------------------------------------
\1\ The WLA of 2.2 lbs/day is established at an effluent concentration
of 3.6 g/L (total recoverable) and flow of 75 mgd; if the
effluent flow is 109 mgd, the WLA is 3.3 lbs/day with an effluent
concentration of 3.6 g/L.
\2\ Based on design flow of 10 mgd and mean effluent concentration of
4.6 g/L (total recoverable).
\3\ Based on design flow of 5.12 mgd and mean effluent concentration of
1.5 g/L (total recoverable).
\4\ Calculated at the boundary condition of the Hackensack River
upstream at the Oradell Dam.
EPA is soliciting public comment on the proposed TMDL for nickel in
the Hackensack River.
Dated: September 30, 1999.
William J. Muszynski, Acting
Acting Regional Administrator, Region 2.
[FR Doc. 99-28213 Filed 10-27-99; 8:45 am]
BILLING CODE 6560-50-P 4163-18-P
