CWA 303(d): Proposed Establishment of Phased Total Maximum Daily Loads (TMDLs) for Copper, Mercury, Nickel and Lead in New York-New Jersey Harbor

ENVIRONMENTAL PROTECTION AGENCY

[FRL-5029-7]

CWA 303(d): Proposed Establishment of Phased Total Maximum Daily

Loads (TMDLs) for Copper, Mercury, Nickel and Lead in New York-New

Jersey Harbor

AGENCY: Environmental Protection Agency, Region II.

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA) Region II is hereby

providing public notice on its intent to establish Phased Total Maximum

Daily Loads (TMDLs) for copper, mercury, lead and nickel in New York-

New Jersey Harbor. The proposed TMDLs are being established in

cooperation with the States of New York and New Jersey.

DATES: Comments on the proposed TMDLs must be submitted to EPA on or

before October 11, 1994.

ADDRESSES: Copies of the proposed TMDLs can be obtained by writing to

Ms. Rosella T. O'Connor, Technical Evaluation Section, U.S.

Environmental Protection Agency Region II, 26 Federal Plaza, New York,

New York 10278 or calling (212) 264-5692.

The administrative record containing background technical

information on the proposed TMDLs developed by EPA, in conjunction with

the States of NY and NJ, is on file and may be inspected at the USEPA,

Region II office between the hours of 9 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 O'Connor.

Public information meetings to discuss the proposed TMDLs will be held

on September 14, 1994 from 1 p.m. to 4 p.m. at the EPA Region II office

(Room 305C), 26 Federal Plaza, New York City and on September 21, 1994

from 1 p.m. to 4 p.m. at the EPA Edison Field Office (Building 205

Conference Room) located at 2890 Woodbridge Avenue, Edison, NJ.

FOR FURTHER INFORMATION CONTACT: Ms. Rosella O'Connor, telephone (212)

264-5692.

SUPPLEMENTARY INFORMATION:

I. Background

II. Tentative Determination

A. Description of TMDLs

B. Water Quality Standards

C. List of Proposed TMDLs

I. Background

The New York-New Jersey Harbor (geographically defined as the

Hudson River from the Tappan Zee Bridge extending out to the Outer

Harbor and including the Harlem River, East River to the Throgs Neck

Bridge, Jamaica Bay, Newark Bay, Hackensack River below the Oradell

Dam, Passaic River below the Dundee Dam, Kill Van Kull, Arthur Kill,

and the Raritan River/Bay below the Fieldville Dam) was listed by the

States of New York and New Jersey under section 304(l)(1)(B) (``the

short list'') of the Clean Water Act. Section 304(l)(1)(B) of the Clean

Water Act (CWA) requires States to develop lists of waters entirely or

substantially impacted by point source discharges of pollutants.

Section 304(l) also requires States to develop individual control

strategies for each point source. In order to establish individual

control strategies for point sources in the Harbor, the States of New

York and New Jersey and EPA joined in a cooperative effort to collect

ambient and source data, develop a water quality model to assess

relative loadings from all sources (municipal and industrial

discharges, storm water, combined sewer overflows, sediment flux,

atmospheric deposition and tributaries), and develop Total Maximum

Daily Loads (TMDLs). This effort was conducted through work groups

under the auspices of the New York-New Jersey Harbor Estuary Program.

Due to the interstate nature of the New York-New Jersey Harbor and

the desirability of consistency and equity among dischargers, the State

of New Jersey requested that EPA promulgate TMDLs for the New York-New

Jersey Harbor. EPA will, therefore, establish TMDLs as a federal

action. Except for the Kill Van Kull and Arthur Kill, New York State

has already implemented the necessary water quality-based effluent

limits for waterbodies within the Harbor by issuing individual control

strategies in the form of modified permits. EPA is establishing TMDLs

for the remaining waterbodies for which New York State has not

established TMDLs as well as Harbor waterbodies in the State of New

Jersey. The EPA promulgation will result in the incorporation of TMDLs

into State Water Quality Management Plans. In the State of New Jersey,

this promulgation will amend the Northeast, the Lower Raritan/

Middlesex County and the Monmouth County Water Quality Management

Plans. In New York State, this promulgation will amend the New York

State Water Quality Management Plan.

II. Tentative Determination

A. Description of TMDLs

The EPA is hereby issuing public notice of its intent to establish

Phased TMDLs for copper, mercury, nickel and lead in New York-New

Jersey Harbor. Based on ambient monitoring and/or water quality

modeling efforts in New York-New Jersey Harbor, certain waterbodies

within the Harbor exceed or are projected to exceed applicable water

quality standards. In such cases, the Clean Water Act requires that the

States calculate the maximum amount of the pollutant that the waterbody

can assimilate and still meet ambient water quality standards. This

amount, called the total maximum daily load, is then used to allocate

loads among sources of pollutants. Loads allocated to point sources

(e.g., municipal dischargers) are termed Waste Load Allocations (WLAs).

Loads allocated to nonpoint sources (e.g., atmospheric inputs) are

termed Load Allocations (LAs).

Waterbodies within the Harbor which are known or projected to

exceed applicable water quality standards and have been determined to

require TMDLs are denoted by an ``X'' in Table 1. Certain waterbodies

in the Harbor do not require TMDLs for all the metals of concern. For

these waterbodies, no further action is being proposed.

Table 1.--Waterbodies Needing TMDLs

------------------------------------------------------------------------

Waterbody Copper Mercury Nickel Lead

------------------------------------------------------------------------

Hudson River............ .......... X .......... ..........

Inner Harbor............ .......... X .......... ..........

Outer Harbor............ .......... X .......... ..........

Arthur Kill/Kill Van

Kull................... X X X X

East R./Harlem R........ .......... X .......... ..........

Jamaica Bay............. .......... X .......... ..........

Raritan River/Bay....... X X X X

Hackensack R./Passaic R./

Newark Bay............. X X X X

------------------------------------------------------------------------

The proposed TMDLs for copper, mercury, nickel and lead use a

phased TMDL approach. For copper, nickel, and lead, the waterbodies

listed in Table 1 exceed applicable water quality standards based on

concentrations projected to occur by the water quality model employed

for this TMDL effort. Due to the limited ambient and loading data, the

state of the model calibration is uncertain for the Raritan River/Bay,

the Hackensack and Passaic Rivers, and Newark Bay. Based on the

available ambient data, it has been determined that existing loads are

adequate to meet applicable water quality standards. The Phase I TMDLs

for these waters will be based on limiting municipal and industrial

point source dischargers to existing loads. Additional data collection

and modeling for the Hackensack River, Passaic River, Newark Bay, Kill

Van Kull, Arthur Kill, and Raritan River/Bay will be required. Once

sufficient data have been collected and the water quality model has

been adequately calibrated, Phase II TMDLs will be developed, adopted

and implemented, as necessary, by the States of New York and New Jersey

with assistance from EPA. However, if significant interstate issues

arise and the Commissioners of the New York State Department of

Environmental Conservation and the New Jersey Department of

Environmental Protection jointly request an EPA promulgation, EPA will

promulgate Phase II TMDLs for the interstate waters of New York-New

Jersey Harbor.

As indicated in Table 1, both ambient and model projected

exceedances of mercury standards occur throughout the Harbor. Water

quality modeling for mercury indicated that a significant portion of

the total mercury load was not identified by the monitoring conducted

to support the TMDL effort. This load, attributed to atmospheric

deposition, drives exceedances of water quality standards. The proposed

Phase I TMDLs for mercury are based on freezing existing point source

loads and reducing atmospheric deposition loading by a portion of the

anticipated levels of reduction resulting from the implementation of

the Clean Air Act. Additional monitoring and water quality modeling

will be conducted to: reassess the previously identified sources;

quantify loads from atmospheric deposition and sediment flux;

recalibrate the mercury water quality model; and to calculate Phase II

TMDLs.

Additional information regarding the technical development of TMDLs

for the Harbor may be found in EPA's document entitled ``Total Maximum

Daily Loads (TMDLs) for Copper, Mercury, Nickel and Lead in NY-NJ

Harbor.''

B. Water Quality Standards

States bordering interstate waters are required to assure

compliance with the adjoining States' water quality standards, as well

as their own. For all waters of NY-NJ Harbor, the States agreed to

develop and implement Phase I TMDLs based on a uniform set of water

quality criteria. The criteria, for mercury (0.025 g/L),

nickel (7.1 g/L) and lead (8.5 g/L) are based on the

marine chronic aquatic life criterion expressed as the total

recoverable form of the metal and represent the most stringent of the

applicable NJ or NY standards. The copper criterion used to develop

TMDLs is 5.6 g/L (expressed as dissolved metal). This value is

the most stringent of the two proposed site-specific copper criteria

developed (7.9 [acute] and 5.6 [chronic] g/L dissolved) for

the Harbor waters (for additional information regarding the development

of the site-specific copper criteria, refer to EPA's document entitled

``Development of a Site-Specific Copper Criterion for the NY/NJ Harbor

Complex Using the Indicator Species Procedure''). The site-specific

copper criteria will be proposed for adoption into NY and NJ State

Water Quality Standards Regulations by separate State rulemaking

actions. Phase I TMDL-based permit modifications will not be

implemented for copper until such time as the proposed site-specific

copper criteria are adopted by the States and approved by EPA. The

above criteria will be applied on a Harbor-wide basis.

C. Listing of Proposed Phase I TMDLs

Based on applicable water quality standards and an assessment of

loadings to the Harbor, Phase I TMDLs were calculated and allocated

among municipal dischargers, industrial dischargers, combined sewer

overflows, storm water, atmospheric, and tributaries.

For copper, nickel, and lead, the Phase I TMDLs/WLAs/LAs are based

on existing loads from: industrial/municipal dischargers identified as

contributing significant loads of the above substances; combined sewer

overflows; storm water dischargers; atmospheric deposition; and

tributary sources.

For mercury, Phase I TMDLs/WLAs/LAs are based on existing loads for

all point sources and a projected reduction in atmospheric loads due to

implementation of the Clean Air Act.

Phase I TMDLs/WLAs/LAs are shown in Table 2. The TMDLs/WLAs/ LAs

listed in the Tables below are not enforceable permit limits. The

enforceable permit limits for municipal and industrial dischargers will

be developed by the States based on the WLAs listed below. The Phase I

effluent limits for municipal and industrial dischargers will be based

on existing effluent quality and will be developed in accordance with

``EPA Region II's Guidance for Calculating Permit Effluent Limitations

Based on Existing Effluent Quality.'' A copy of this document may be

obtained by contacting the above mentioned person.

The tables below identify the Phase I TMDLs/WLAs/LAs for copper,

mercury, nickel, and lead in the Harbor. Additional information

regarding the calculation of the TMDLs/WLAs/LAs and a listing of the

individual WLA for each municipal and industrial discharger may be

found in EPA's document entitled ``Total Maximum Daily Loads (TMDLs)

for Copper, Mercury, Nickel and Lead in NY-NJ Harbor.''

Table 2--TMDLs/WLAs/LAs for New York-New Jersey Harbor

[Loading Zone (loads in lbs/day total recoverable metal)]

WLA/LA HACK/PAS/NEWARK KILLS RARITAN R/BAY

TMDL: COPPER

MUN./IND.......... 11.16 31.21 34.85

CSO............... 17.30 17.10 1.40

STORM WATER....... 53.30 35.10 42.70

BOUNDARY.......... 2.73 0.00 3.90

ATMOSPHERIC....... 7.40 46.40 67.60

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TMDL.......... 91.89 129.81 150.45

TMDL: NICKEL

MUN./IND.......... 18.84 20.06 19.93

CSO............... 1.70 1.68 0.14

STORM WATER....... 16.90 11.13 13.54

BOUNDARY.......... 2.07 0.00 1.49

ATMOSPHERIC....... 4.08 25.61 37.32

-----------------------------------------------------

TMDL.......... 43.59 58.48 72.42

TMDL: LEAD

MUN./IND.......... 29.17 31.88 7.51

CSO............... 10.99 10.86 0.89

STORM WATER....... 23.19 15.27 18.57

BOUNDARY.......... 1.69 0.00 0.56

ATMOSPHERIC....... 12.14 76.10 112.14

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TMDL.......... 77.18 134.10 139.67

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Storm Boundary\1\ Atmospheric\3\

Loading zones Mun./Ind. CSOs\1\ water\2\ TMDLs

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TMDL: MERCURY

Hudson River................... 0.185 0.057 0.481 0.138 0.245 1.106

Inner Harbor................... 0.183 0.034 0.007 0 0.054 0.278

Outer Harbor................... 0.000 0.026 0.010 0 1.139 1.175

Kills.......................... 0.328 0.066 0.516 0 0.225 1.135

East & Harlem R................ 1.005 0.216 1.260 0 0.679 3.16

Jamaica Bay.................... 0.274 0.106 0.119 0 0.093 0.592

Raritan Bay.................... 0.442 0.005 0.628 0.003 0.328 1.406

Hack/Pas/ Newark B............. 0.215 0.060 0.784 0.002 0.036 1.097

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\1\ Load includes a projected 10% reduction.

\2\ Load includes a projected 30% reduction.

\3\ Load includes a projected 60% reduction.

Notes: Hack/Pas/Newark = Hackensack River, Passaic River and Newark Bay.

Mun./Ind. = Municipal and Industrial dischargers.

Region 2 is soliciting public comment on the proposed establishment

of TMDLs in New York-New Jersey Harbor for copper, mercury, nickel and

lead.

Dated: July 26, 1994.

William J. Muszynski,

Deputy Regional Administrator.

[FR Doc. 94-19644 Filed 8-10-94; 8:45 am]

BILLING CODE 6560-50-P