||PUBLIC HEARING POSTPONED: Please be advised that, in consideration of the review of agency rules being conducted under the Executive Orders issued by Governor Christie on January 20, 2010, the public hearing for this proposal has been postponed. Notice of any rescheduled hearing will be provided in accordance with the Administrative Procedure Act.
NJ DEPARTMENT of ENVIRONMENTAL
LAND USE MANAGEMENT
Notice of Rule Proposal
Surface Water Quality Standards, N.J.A.C. 7:9B-1.4, 1.5(g) and 1.14(d)
Take notice that the NJ Department of Environmental Protection is proposing amendments to the Surface Water Quality Standards at N.J.A.C. 7:9B to amend the nutrient policy (N.J.A.C. 7:9B-1.5(g)), the nutrient/phosphorus criteria (N.J.A.C. 7:9B-1.14(d)), and the definition of watershed-specific translators (N.J.A.C. 7:9B-1.4).
The Department determined that the existing nutrient policies at N.J.A.C. 7:9B-1.5(g) could be applicable to all waters including saline estuarine (SE) and saline coastal (SC). The Department is proposing to recodify the provision from N.J.A.C. 7:9B-1.5(g)2 to N.J.A.C. 7:9B-1.14(d)4i as narrative nutrient criterion applicable to all stream classifications. As a result, the Department is proposing to recodify provisions currently at N.J.A.C. 7:9B-1.5(g)3, 4, and 5 to N.J.A.C. 7:9B-1.5(g)2, 3, and 4. The numeric phosphorus criteria of 0.1 mg/L for non-tidal streams and 0.05 mg/L phosphorus criteria for lakes, ponds and reservoirs are recodified at N.J.A.C. 7:9B-1.14(d)4ii(1) and (2). These numeric phosphorus criteria apply unless watershed-specific translators are established pursuant to proposed N.J.A.C. 7:9B-1.5(g)2 or if the Department determines that concentrations do not render the waters unsuitable for the existing or designated uses pursuant to N.J.A.C. 7:9B-1.14(d)4i.
Watershed-specific translators may be an alternative criterion or a combination of criteria. For example, a watershed-specific translator could be a variation of the existing phosphorus criteria, criteria established for a new parameter such as Chlorophyll a, or a combination of criteria for different parameters (for example, Chlorophyll a and dissolved oxygen). Watershed-specific translators are established to demonstrate compliance with the narrative criterion to protect existing or designated uses for a specified watershed. Watershed-specific translators may only be established as part of a TMDL evaluation pursuant to N.J.A.C. 7:15-6.3 to demonstrate compliance with the narrative criterion. The Department is proposing to amend the definition of watershed-specific translators to provide an accurate cross-reference to the proposed narrative criterion at N.J.A.C. 7:9B-1.14(d)4i.
The proposal is scheduled to be published in the New Jersey Register dated December 21, 2009. A courtesy copy of the proposal(PDF) is available from the Department’s web site. It may also be purchased from Lexis/Nexis at www.lexisnexis.com/bookstore.
A public hearing concerning this proposal is scheduled on Wednesday, January 27, 2010 from 3:30 PM to 5:00 PM or close of testimony, at:
Department of Environmental Protection
401 East State Street
Public Hearing Room
Trenton, NJ 08625
Written comments may be submitted by February 19, 2010 to:
Gary J. Brower, Esq.
Attn. DEP Docket Number 21-09-11/754
Office of Legal Affairs
New Jersey Department of Environmental Protection
P.O. Box 402
Trenton, NJ 08625-0402
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