[Federal Register Volume 59, Number 154 (Thursday, August 11, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-19644]


[[Page Unknown]]

[Federal Register: August 11, 1994]


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

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.

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

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


----------------------------------------------------------------------------------------------------------------
                                                              Storm     Boundary\1\  Atmospheric\3\             
         Loading zones            Mun./Ind.     CSOs\1\     water\2\                                    TMDLs   
----------------------------------------------------------------------------------------------------------------
         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
----------------------------------------------------------------------------------------------------------------
\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