[Federal Register Volume 62, Number 7 (Friday, January 10, 1997)]
[Notices]
[Pages 1454-1455]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-642]


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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5674-6]


CWA 303(d): Proposed Withdrawal of Phase I Total Maximum Daily 
Loads (TMDLs) for Copper in the New Jersey Waters of New York-New 
Jersey Harbor

AGENCY: Environmental Protection Agency, Region II (EPA).

ACTION: Notice.

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SUMMARY: EPA has determined that the New Jersey waters of the New York-
New Jersey Harbor are not water quality-limited for copper, and 
therefore, Phase I copper TMDLs are not required for these water 
segments. EPA is hereby issuing public notice of its intent to withdraw 
the Phase I TMDL for copper established by EPA on January 24, 1996.

DATES: Comments on the proposed action must be submitted to EPA on or 
before February 10, 1997.

ADDRESSES: Copies of the relevant supporting documents may be obtained 
by writing to Ms. Rosella T. O'Connor, Fate & Effects Team, U.S. 
Environmental Protection Agency Region II, 290 Broadway, 24th Floor, 
New York, New York 10006-1866 or calling (212) 637-3823.
    The administrative record containing background technical 
information is on file and may be inspected at the U.S. EPA, Region II 
office between the hours of 9:00 a.m. and 4:30 p.m., Monday through 
Friday, except holidays. Arrangements to examine the administrative 
record may be made by contacting Ms. Rosella T. O'Connor.

FOR FURTHER INFORMATION CONTACT: Ms. Rosella T. O'Connor, telephone 
(212) 637-3823.

SUPPLEMENTARY INFORMATION:

I. Background
II. Proposed Action

I. Background

    A TMDL, or total maximum daily load, is the maximum amount of the 
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(i)).
    On January 24, 1996, EPA established certain phased TMDLs, 
including waste load allocations (WLAs) and load allocations (LAs) for 
copper and mercury. (61 FR 1930). Phased TMDLs were developed for 
copper and mercury because of the limited ambient data and uncertainty 
in the model calibration for the New Jersey Harbor waters. 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 waters are Newark Bay, Hackensack River 
below the Oradell Dam, Passaic River below the Dundee Dam, Raritan 
River below the Fieldville Dam and Raritan Bay.
    The New Jersey Harbor Dischargers Group (NJHDG), in cooperation 
with the State of New Jersey and EPA, agreed to undertake the required 
additional monitoring and modeling. The first phase of the monitoring 
was designed to enhance the existing ambient data base and to confirm 
whether copper, lead, nickel and mercury exceed or potentially exceed 
applicable water quality standards in the New Jersey Harbor waters. 
Based on the results of this data collection effort, it was determined 
that certain metals and/or New Jersey Harbor waters would require 
additional monitoring and modeling to develop Phase II TMDLs. These 
data are contained in a report entitled, ``Summary of the Phase I 
Metals Sampling and Analysis Program for the New Jersey Component of 
the New York/New Jersey Harbor Estuary Program'' (March 5 and 26, 
1996). The monitoring program included one station in each of the 
Hackensack, Passaic, and Raritan Rivers, and in Raritan and Newark 
Bays. Each of these stations was sampled twice per month for six months 
(from June 1995 through December 1995). The twelve sampling events 
included three wet-weather and two tidal cycle events. Overall, ninety 
water samples and five sediment samples were collected in twelve 
sampling events over a six month study period. These data were used to 
project water quality exceedances of copper, mercury, nickel and lead 
in the New Jersey waters of the Harbor.
    Based on the ambient water quality data contained in the above-
referenced report, EPA has determined the following:
    <bullet> The New Jersey Harbor waters are not water quality-limited 
for copper, neither Phase I nor Phase II copper TMDLs are required. EPA 
is, therefore, proposing to withdraw the Phase I copper TMDLs 
promulgated on January 24, 1996;

[[Page 1455]]

    <bullet> The New Jersey Harbor waters are not water quality-limited 
for lead, no Phase II lead TMDLs are required;
    <bullet> The Passaic and Hackensack Rivers are water quality-
limited for nickel, additional monitoring and/or modeling is required 
to develop Phase II nickel TMDLs for these waterbodies, as necessary; 
and
    <bullet> Since all Harbor waters, including all New Jersey Harbor 
waters, continue to be water quality-limited for mercury, the Phase I 
mercury TMDLs established on January 24, 1996 remain in effect.

II. Proposed Action

    The action proposed, the withdrawal of the Phase I copper TMDLs, is 
appropriate given the specific circumstances, 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 
Phase I TMDLs which were established included Waste Load Allocations 
which reflect existing effluent quality. Phased TMDLs were established 
while the conflict between the limited ambient data then available 
(which did not indicate an exceedance of the applicable water quality 
standard for copper) and the uncertainty in model calibration (which 
indicated a potential to exceed the copper standard) could be addressed 
through additional monitoring and/or modeling. The ambient water 
quality data contained in the NJHDG's above-referenced report is now 
sufficient to support that the New Jersey Harbor waters are not water 
quality-limited for copper.
    EPA is soliciting public comments on the proposed withdrawal of the 
copper TMDLs for the New Jersey Harbor waters.

    Dated: December 23, 1996.

    Signed:
William J. Muszynski,
Acting Regional Administrator.
[FR Doc. 97-642 Filed 1-9-97; 8:45 am]
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