[Federal Register Volume 65, Number 10 (Friday, January 14, 2000)]
[Notices]
[Pages 2398-2400]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-962]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6523-1]


CWA 303(d): Final Notice of EPA's Decision To Withdraw the Total 
Maximum Daily Loads (TMDLs) for Copper in the Arthur Kill and Kill Van 
Kull and Establish a TMDL for Nickel in the Hackensack River

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final decision.

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SUMMARY: EPA 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 establishing a TMDL 
for nickel in the Hackensack River.
    EPA is hereby issuing public notice of: its final decision to 
withdraw the Phase I copper TMDL in the Arthur Kill and Kill Van Kull 
established by EPA on January 24, 1996; and its final decision to 
establish a TMDL for nickel in the Hackensack River.

EFFECTIVE DATE: December 27, 1999.

ADDRESSES: Copies of the responsiveness summary and 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 York 10007-1866, 
<a href="/cdn-cgi/l/email-protection#87e8e4e8e9e9e8f5a9f5e8f4e2ebebe6c7e2f7e6eae6eeeba9e2f7e6a9e0e8f1"><span class="__cf_email__" data-cfemail="a6c9c5c9c8c8c9d488d4c9d5c3cacac7e6c3d6c7cbc7cfca88c3d6c788c1c9d0">[email protected]</span></a>, 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. Public Notice of Draft Decision
III. Final Determination

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 (61 FR 1930), EPA established certain phased 
TMDLs, including waste load allocations (WLAs) and load allocations 
(LAs) for copper

[[Page 2399]]

and mercury 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 had 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 (2) 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.

II. Public Notice of Draft Decision

    EPA's proposed withdrawal for the copper TMDL in the Arthur Kill 
and Kill Van Kull and its proposed establishment of a nickel TMDL for 
the Hackensack River was public noticed in the Federal Register dated 
October 28, 1999 (64 FR 58058). A 30-day comment period followed, 
during which EPA received comments from ten commenters. All comments 
have been addressed in a responsiveness summary which may be obtained 
by writing or calling Ms. Rosella O'Connor as referenced above. None of 
comments received during the public comment period resulted in changes 
to EPA's proposed actions to withdraw the copper TMDLs in the Arthur 
Kill and Kill Van Kull and to establish a TMDL for nickel in the 
Hackensack River.

III. Final Determination

    EPA is noticing its final decision to: (1) Withdraw the Phase I 
copper TMDLs from the Arthur Kill and the 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 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 Withdrawal of Total Maximum Daily Loads (TMDLs) for Copper 
in the Arthur Kill and Kill Van Kull and Establishment of a TMDL for 
Nickel in the Hackensack River (EPA, December 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 has made a final decision to withdraw the TMDLs 
for copper 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 <greek-m>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, Secaucus 
Sewage Treatment Plant, combined sewer overflows (CSOs), storm water, 
atmospheric deposition and background (upstream sources). Using the 
calibrated water quality model, EPA calculated a TMDL of 4.98 lbs/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 allocations (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

[[Page 2400]]

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 required at this time.

       Table 1.--TMDL/WLAs/LAs for Nickel in the Hackensack River.
------------------------------------------------------------------------
                                                      Existing
                                                        load     WLA/LA
                       Source                           (lbs/     (lbs/
                                                        day)      day)
------------------------------------------------------------------------
BCUA [NJ0020028]....................................    11.3    \1\ 2.2
North Bergen STP [NJ0034339]........................     0.28   \2\ 0.38
Secaucus STP [NJ0025038]............................     0.04   \3\ 0.06
CSOs................................................     0.10      0.10
Storm Water.........................................     0.81      0.81
                                                     -------------------
  <greek-S>WLAs.....................................  ........     3.55
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 <greek-m>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 <greek-m>g/L.
\2\ Based on design flow of 10 mgd and mean effluent concentration of
  4.6 <greek-m>g/L (total recoverable).
\3\ Based on design flow of 5.12 mgd and mean effluent concentration of
  1.5 <greek-m>g/L (total recoverable).
\4\ Calculated at the boundary condition of the Hackensack River
  upstream at the Oradell Dam.

    This action has no effect on the TMDLs for other pollutants 
established for these waters.

    Dated: December 27, 1999.
Jeanne M. Fox,
Regional Administrator, Region 2.
[FR Doc. 00-962 Filed 1-13-00; 8:45 am]
BILLING CODE 6560-50-P


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