[Federal Register Volume 62, Number 182 (Friday, September 19, 1997)]
[Notices]
[Pages 49226-49227]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-24944]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-5895-4]


EPA's Final Decision To Withdraw Phase I Total Maximum Daily 
Loads (TMDLs) for Copper in certain New Jersey Waters of New York-New 
Jersey Harbor

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA has determined that certain New Jersey waters of the New 
York-New Jersey Harbor are not water quality-limited for copper, and 
therefore, Phase I copper TMDLs are not required for these water 
segments. The New Jersey Harbor waters for which Phase I Copper TMDLS 
are being withdrawn are defined as Newark Bay, Hackensack River below 
the Oradell Dam, Passaic River below the Dundee Dam, Raritan River 
below the Fieldsville Dam, and Raritan Bay. EPA is hereby issuing 
public notice of its final decision to withdraw the Phase I TMDLs for 
copper established by EPA on January 24, 1996.

DATES: September 19, 1997.

ADDRESSES: Copies of the responsiveness summary and relevant supporting 
documents may be obtained by writing to Mr. Steven Wood, Fate & Effects 
Team, U.S. Environmental

[[Page 49227]]

Protection Agency Region II, 290 Broadway, 24th Floor, New York, New 
York 10006-1866, [email protected], or by calling (212) 637-
3866.
    The administrative record containing background technical 
information is on file and may be inspected at the U.S. EPA, Region II 
office between the hours of 8 a.m. and 5:30 p.m., Monday through 
Friday, except holidays. Arrangements to examine the administrative 
record may be made by contacting Mr. Steven Wood.

FOR FURTHER INFORMATION CONTACT: Mr. Steven Wood, telephone (212) 637-
3866.

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 the 
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(i)).
    On January 24, 1996, EPA established certain phased TMDLs, 
including waste load allocations (WLAs) and load allocations (LAs) for 
copper. (61 FR 1930). Phased TMDLs were developed for copper because of 
the limited ambient data and uncertainty in the model calibration for 
the New Jersey Harbor waters. 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 copper below Phase I levels. The New Jersey 
Harbor waters affected by this action are Newark Bay, Hackensack River 
below the Oradell Dam, Passaic River below the Dundee Dam, Raritan 
River below the Fieldville Dam and Raritan Bay.
    The New Jersey Harbor Dischargers Group (NJHDG), in cooperation 
with the State of New Jersey and EPA, agreed to undertake the required 
additional monitoring and modeling. The first phase of the monitoring 
was designed to enhance the existing ambient database and to confirm 
whether copper exceeded or potentially exceeded applicable water 
quality standards in the above defined New Jersey Harbor waters. Based 
on the results of this data collection effort, it was determined that 
copper does not exceed the appropriate water quality criteria, and 
therefore the Phase I copper TMDLs are being withdrawn, for the waters 
mentioned above.
    For the Arthur Kill and Kill Van Kull, the Phase I copper TMDLs are 
not being withdrawn by today's action. The copper TMDLs for these 
waters remain in effect. Additional monitoring and modeling is 
currently ongoing for these two waters, and EPA expects to review these 
data and take appropriate action. Such action may include, without 
limitation, withdrawing the Phase I copper TMDLs, establishing Phase II 
copper TMDLs or taking no action to revise the Phase I copper TMDLs. In 
order to clarify EPA's position in this matter, EPA will, following 
review of the data, publish notice in the Federal Register of the 
results of its review and what further action, if any, it intends to 
take on the Arthur Kill and Kill Van Kull copper TMDLs.

II. Public Notice of Draft Decision

    EPA's proposed withdrawal was public noticed in the Federal 
Register dated January 10, 1997 (62 FR 1454). A 30-day comment period 
followed, during which EPA received five comment letters. All comments 
have been addressed in a responsiveness summary which may be obtained 
by writing or calling Mr. Steven Wood as referenced above.

III. Final Decision

    EPA is noticing its final decision to withdraw the Phase I copper 
TMDLs from the following New Jersey Harbor waters:

--Hackensack River below the Oradell Dam,
--Passaic River below the Dundee Dam,
--Raritan River below the Fieldville Dam,
--Newark Bay, and
--Raritan Bay.

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

    Dated: August 28, 1997.
William J. Muszynski,
Acting Regional Administrator.
[FR Doc. 97-24944 Filed 9-18-97; 8:45 am]
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