New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 10 - SAFE DRINKING WATER ACT › Subchapter 5 - STATE PRIMARY DRINKING WATER REGULATIONS › Section 7:10-5.2 - Discretionary changes to National Regulations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In
				accordance with the discretionary authority permitted by the National
				Regulations, for compliance with the State primary drinking water regulations,
				the following shall apply:
1. Surface water
				treatment requirements shall be those established under the National
				Regulations except as provided in N.J.A.C. 7:10-9.
2. Subject to
				N.J.A.C.
				7:10-5.8, the analytical, monitoring,
				treatment, and other requirements for total coliform shall be those established
				under the National Regulations.
3.
				MCLs for inorganic chemicals (IOCs) shall be those established under the
				National Regulations, except for the State-regulated contaminant arsenic, for
				which an MCL of five [micro]g/l shall apply. Monitoring requirements for IOCs
				shall be those established under the National Regulations and at (a)7
				below.
4. MCLs for volatile organic
				compounds (VOCs) shall be those established under the National Regulations
				except for the State-regulated VOCs for which the MCLs are listed in Table 1,
				below. Monitoring requirements for VOCs, including the VOCs,
				1,3-dichlorobenzene; 1,1-dichloroethane; 1,1,2,2-tetrachloroethane;
				naphthalene; and methyl tertiary butyl ether, shall be those established under
				the National Regulations and at (a)7 below.
TABLE 1
MCLs FOR STATE-REGULATED VOCS*
State-regulated VOC
MCL (in [micro]g/l or
						  ppb)
Benzene
1
Carbon tetrachloride
2
Chlorobenzene
50
1,3 Dichlorobenzene
600
1,2 Dichloroethane
2
1,1 Dichloroethylene
2
Methylene chloride
3
Tetrachloroethylene
1
Trichlorobenzene(s)
9
1,1,1 Trichloroethane
30
Trichloroethylene
1
Xylene(s)
1,000
1,1 Dichloroethane
50
1,1,2 Trichloroethane
3
1,1,2,2 Tetrachloroethane
1
Naphthalene
300
Methyl tertiary butyl ether (MTBE)
70
* The MCLs in this table are more stringent than those in the
				  National Regulations, with the exception of the following chemicals, which do
				  not have Federal MCLs: 1,3-dichlorobenzene; 1,1-dichloroethane;
				  1,1,2,2-tetrachloroethane; naphthalene; and methyl tertiary butyl ether.
5. MCLs for the State-regulated
				per- and polyfluoroalkyl substances perfluorononanoic acid (PFNA),
				perfluorooctanoic acid (PFOA), and perfluorooctanesulfonic acid (PFOS) shall be
				those established at (a)5i, ii, and iii below. Monitoring requirements for
				PFNA, PFOA, and PFOS shall be those established under the National Regulations
				at
				40 CFR
				141.24(f) and at (a)7 below.
				For PFNA, the conditions at (a)5i apply. For PFOA, the conditions at (a)5ii
				apply. For PFOS, the conditions at (a)5iii apply.
i. For PFNA, the MCL shall be 0.013
				[micro]g/l. Monitoring requirements shall begin as set forth at (a)5i(1) below
				and are subject to the condition at (a)5i(2) below.
(1) All public community water systems using
				a groundwater source(s) serving a population of 10,000 or less and public
				nontransient noncommunity water systems shall begin monitoring within the first
				quarter of 2019. All public community water systems using a surface water
				source(s) and all public community water systems serving a population greater
				than 10,000 shall begin monitoring within the first quarter of 2020.
(2) Notwithstanding the threshold set forth
				at
				40 CFR
				141.24(f)(11), the
				requirement for quarterly monitoring at
				40 CFR
				141.24(f)(11)(i) shall apply
				if PFNA is detected at a level exceeding 0.002 [micro]g/l.
ii. For PFOA, the MCL shall be 0.014
				[micro]g/l. Monitoring requirements shall begin as set forth at (a)5ii(1) below
				and are subject to the conditions at (a)5ii(2) and (3) below.
(1) All public community and public
				nontransient noncommunity water systems shall begin monitoring within the first
				quarter of 2021.
(2)
				Nothwithstanding the threshold set forth at
				40 CFR
				141.24(f)(11), the
				requirement for quarterly monitoring at
				40 CFR
				141.24(f)(11)(i) shall apply
				if PFOA is detected at a level exceeding 0.002 [micro]g/l.
(3) A public community water system or a
				public nontransient noncommunity water system may submit monitoring data for
				PFOA to the Department for a determination of whether the system may reduce
				monitoring frequency to an annual basis provided:
(A) The monitoring data are collected in
				accordance with (a)7 below after January 1, 2019; and
(B) The monitoring data are reported to the
				Department in accordance with
				N.J.A.C.
				7:10-5.4on or before June 1, 2020.
iii. For PFOS, the MCL
				shall be 0.013 [micro]g/l. Monitoring requirements shall begin as set forth at
				(a)5iii(1) below and are subject to the conditions at (a)5iii(2) and (3) below.
(1) All public community and public
				nontransient noncommunity water systems shall begin monitoring within the first
				quarter of 2021.
(2)
				Nothwithstanding the threshold set forth at
				40 CFR
				141.24(f)(11), the
				requirement for quarterly monitoring at
				40 CFR
				141.24(f)(11)(i) shall apply
				if PFOS is detected at a level exceeding 0.002 [micro]g/l.
(3) A public community water system or a
				public nontransient noncommunity water system may submit monitoring data for
				PFOS to the Department for a determination whether the system may reduce
				monitoring frequency to an annual basis provided:
(A) The monitoring data are collected in
				accordance with (a)7 below after January 1, 2019; and
(B) The monitoring data are reported to the
				Department in accordance with
				N.J.A.C.
				7:10-5.4on or before June 1, 2020.
6. MCLs for
				synthetic organic compounds (SOCs) and pesticides shall be those established
				under the National Regulations except for the State-regulated SOCs at (a)6i and
				ii below. Monitoring requirements for SOCs shall be those established under the
				National Regulations and at (a)7 below. For 1,2,3-trichloropropane, the
				conditions at (a)6ii below apply.
i.
				Chlordane, for which an MCL of 0.5 [micro]g/l shall apply; and
ii. 1,2,3-Trichloropropane, for which an MCL
				of 0.030 [micro]g/l shall apply. Monitoring requirements shall be those
				established for SOCs under the National Regulations, beginning as set forth at
				(a)6ii(1) below and subject to the condition at (a)6ii(2) below.
(1) All public community water systems using
				a groundwater source(s) serving a population 10,000 or less and public
				nontransient noncommunity water systems shall begin monitoring within the first
				quarter of 2019. All public community water systems using a surface water
				source(s) and all public community water systems serving a population greater
				than 10,000 shall begin monitoring within the first quarter of 2020.
(2) Notwithstanding the threshold set forth
				at
				40 CFR
				141.24(h)(7), the
				requirement for quarterly monitoring at
				40 CFR
				141.24(h)(7)(i) shall apply
				if 1,2,3-trichloropropane is detected at a level equal to or exceeding 0.010
				[micro]g/l.
7. Water systems that, as provided at
				40 CFR
				141.23 and
				141.24,
				are monitoring for inorganics (except asbestos, nitrate, and nitrite), volatile
				organic compounds, and synthetic organic compounds or for PFNA, PFOA, and PFOS
				at a frequency less than annually shall monitor once in each Federal three-year
				compliance period in accordance with the schedule in the table below.
Monitoring Schedule
Water System Type
Year one of the applicable threeyear Federal compliance
						  period (for example, 2017, 2020, 2023, 2026)
Any public community water system using a surface water
						  source(s) and any public community water system serving a population greater
						  than 10,000.
Year two of the applicable threeyear Federal compliance
						  period (for example, 2018, 2021, 2024, 2027)
Any public community water system using a groundwater
						  source(s) serving a population equal to or less than 10,000.
Year three of the applicable three-year Federal
						  compliance period (for example, 2019, 2022, 2025, 2028)
Any public nontransient noncommunity water system.
8.
				MCLs and monitoring requirements for disinfectants and disinfection by-products
				shall be those established under the National Regulations.
9. Action levels and monitoring requirements
				for lead and copper shall be those established under the National
				Regulations.
10. For public
				community and public nontransient noncommunity water systems, MCLs and
				monitoring requirements for radionuclides shall be those established under the
				National Regulations. Public nontransient noncommunity water systems shall
				begin monitoring within the first quarter of 2019.
11. The Department may allow monitoring
				waivers for public water systems pursuant to
				40 CFR
				141.23(c) and
				141.24(f)
				and (h) of the National
				Regulations.
12. Suppliers of water
				from a bulk purchase system are subject only to the microbiological monitoring,
				disinfectant by-product monitoring, and lead and copper monitoring requirements
				of this section.
13. If a supplier
				of water installs a treatment device or process to bring the water into
				compliance with any applicable MCL, the supplier of water shall monitor for
				that contaminant each calendar quarter (notwithstanding compliance with the
				applicable MCL for the contaminant).