GWQS presentation April 11 2016.pptx [Read-Only] · Bureau of Environmental Analysis, Restoration and Standards (BEARS) Division of Water Monitoring and Standards (WMS) April 11,

Bureau of Environmental Analysis, Restoration and Standards (BEARS)Division of Water Monitoring and Standards (WMS)

April 11, 2016

Kimberly Cenno, Section ChiefBEARS

April 11, 2016 NJDEP DWMS BEARS 2

AgendaPlenary Session

Welcome and Introductions Description of Stakeholder Process Overview of GWQS Rules and Key Issues Discussion

Short BreakCriteria and PQLs Work Group

Review Current Criteria, PQLs and Potential Updates Information Sharing and Discussion Wrap up and Next Steps


BEARS


Ground Water Quality Standards http://www.state.nj.us/dep/wms/bears/gwqs.htm


Kerry Pflugh, ManagerOffice of Constituent Relations


Stakeholder Process Stakeholder Process Invited participantsWork groups

Expectations for Today Provide input on key issues Identify additional concerns Identify/share additional information on current studies, analytic methods, that should be considered

Identify and schedule additional work groups/meeting, if needed


Stakeholder Process, cont’d


Invited External Stakeholders AffiliationAssociation of Environmental Authorities of NJ Regulated CommunityAssociation of New Jersey Environmental Commissions Local/Regional GovernmentAtlantic County Health Department Local/Regional GovernmentBrown & Caldwell Regulated CommunityChemical Industry Counsel of NJ Regulated CommunityClean Water Action Environ OrganizationClean Water Council Advisory boardCommerce and Industry Association of NJ Regulated CommunityEnvironmental Justice Advisory Council Advisory boardErnie Risha CitizenHatch Mott MacDonald Regulated CommunityHighlands Council Local/Regional GovernmentKleinfelder Regulated CommunityLicensed Site Remediation Professional Association Regulated CommunityMonmouth County Health Dept. Local/Regional GovernmentNew Jersey Business and Industry Council Regulated CommunityNJ Builders Association Regulated CommunityPinelands Commission Local/Regional GovernmentRansom consulting Regulated CommunityRaritan Headwaters Association Environ OrganizationTony D Environmental Permitting LLC Regulated CommunityUSGS Federal Government

Stakeholder Process (cont’d) Internal Stakeholders (NJDEP)

Division of Water Monitoring and Standards Division of Science, Research and Environmental Health

Division of Water Quality Division of Water Supply and Geoscience Site Remediation and Waste Management Compliance and Enforcement Office of Administrative Law Office of Environmental Justice


Stakeholder Process http://www.nj.gov/dep/workgroups/


Sandra Cohen, Rule ManagerBEARS


Key Issues Under Consideration1. Update numeric ground water quality

criteria and practical quantitation limits (PQLs) WORK GROUP SESSION

2. Changes to the designated uses, classification areas, and/or classification area maps

3. Clarify, simplify and streamline the rules and their implementation


GWQS Rule History Readopted without change March 4, 2014 Current Criteria and PQLs adopted November 7, 2005, except Interim Specific Criteria (2008‐2015) Barium and Toluene (2009)

Other Rule Provisions adopted February 1, 1993 Definitions GW Classifications and Classification Area Maps Designated Uses Classification Exception Areas Interim Criteria


GW Classifications and UsesGW Classification Areas: established based on hydrogeologic characteristics of the ground water resource and the designated use(s) to be maintained, restored and enhanced within the classification area. Class I: Ground Water of Special Ecological Significance

Class II: Ground Water for Potable Water Supply Class III: Ground Water for Uses Other Than Potable Water Supply


Ground Water Quality Criteria Class I‐A and Class I‐PL (Pinelands Preservation Area): “Natural quality”

Class I‐PL (Pinelands Protection Area): “Background water quality”

Class II: Specific, Interim Specific, or Interim Generic Constituent Standard = Higher of the Criterion and the PQL

Class III: Site‐specific (implementing program)


Specific Criteria and PQLs – Class IIA


Interim Specific CriteriaGWQS rules allow Department to establish interim specific criteria and PQLs prior to rulemaking: For Class II constituents without a specific GWQ criterion or PQL (i.e., not on Appendix Table 1)

Sufficient information available to determine human health risk and derive toxicity factor

Usually in response to cleanup of contaminated site


Interim Specific Criteria and PQLs


Interim Generic CriteriaGWQS rules also establish interim generic criteria For Synthetic Organic Chemicals without specific or interim specific criteria

Applicable interim generic criterion depends on: CarcinogenicityNumber of SOCs


Interim Generic Criteria


Key Issues Under Consideration1. Update numeric ground water quality

criteria and practical quantitation limits (PQLs) WORK GROUP SESSION




Kerry Pflugh, Facilitator



Use and Classification Questions Do the current ground water classifications and designated uses adequately address and protect ground and surface waters of the State?

Should we combine Class IIA and Class IIB since GWQS are currently the same?

Should we combine and/or redefine Class IIIA and Class IIIB to clarify applicable criteria and implementation through regulatory programs?

Are we able to implement the narrative criteria for Class IIIA and B?



Class I ‐ Ground Water of Special Ecological Significance

Designated Uses: Maintenance of special ecological resources and potable, agricultural and industrial water supplies (secondary use).

● Class I‐A: Watersheds of FW1 surface waters and State‐owned Natural Areas

● Class I‐PL (Pinelands Protection Area)● Class I‐PL (Pinelands Preservation Area)




Class II – Ground Water for Potable Supplies● Designated Use: Potable water supplies.

● Class II‐A: Used as potable water supplies with conventional treatment at current water quality

● Class II‐B: Used as potable water supplies after enhancement or restoration of regional water quality


Class III – Ground Water for Uses Other than Potable Supplies● Designated Use: Not suitable for potable

supplies due to natural hydrogeologic characteristics or natural water quality.

● Class III‐A: Release or transmittal of adjacent ground or surface waters

● Class III‐B: Any reasonable use at existing water quality, other than potable water.






Rule Clarification and Implementation Questions●Are there terms that should be corrected, redefined, clarified, replaced, or removed?• “Constituent Standard”• “GWQ Criteria”• “GWQ Standard”• “Background Water Quality”• “Natural (Water) Quality”• “Naturally Occurring”

Rule Clarification and Implementation Questions, cont’d “Constituent standard” means the required maximum level or concentration or the required range of levels or concentrations (as applicable) for a constituent in a classification area, as established in N.J.A.C. 7:9C‐1.7, 1.8 and 1.9(a) and (b). The constituent standards shall be the basis for the Department's regulation of ground water quality effects of past, present or future discharges to ground water or the land surface, pursuant to applicable authorities as defined in N.J.A.C. 7:9C‐1.1.


Rule Clarification and Implementation Questions, cont’d “Ground water quality criteria” means the designated levels or concentrations of constituents that, when exceeded, will prohibit or significantly impair a designated use of water...”


Rule Clarification and Implementation Questions, cont’d “Ground Water Quality Standard” is used but not defined in the GWQS rules at N.J.A.C. 7:9C‐1.7 (g):

“Where ground water that receives pollutants from a discharge(s) subsequently flows to surface waters, the Department shall regulate such discharges as necessary so as not to exceed the Surface Water Quality Standards applicable to that body of surface water. The discharger may request application of only the ground water quality standards by showing, to the satisfaction of the Department, and in the context of the applicable regulatory procedure, that the flow of ground water pollutants into the surface water will not cause a violation of the Surface Water Quality Standards.”


Rule Clarification and Implementation Questions, cont’d "Background water quality" means the concentration of constituents in ground water which is determined to exist directly upgradient of a discharge but not influenced by the discharge, or is otherwise representative of such concentration of constituents as determined using methods and analyses consistent with the requirements of N.J.A.C. 7:14A‐10.11(g).”


Rule Clarification and Implementation Questions, cont’d"Natural quality" means the concentration or level of constituents which occurs in ground water of a hydrologic unit without the influence of human activity, other than the effects of regional precipitation of air pollutants (for example, acid precipitation). The natural quality for SOCs is established as zero (0.0) except where the SOCs are the result of air transport from outside the State, enter the State from ground water transport of pollutants having their origins in other states, or are created entirely by natural processes. Where natural quality for other constituents is not ascertainable from generally acceptable scientific studies, the lowest concentrations known to exist within the same or a similar hydrologic unit and setting (that is, depth) within the classification area shall be used to represent the natural quality, provided, however, that for pH, corrosivity and hardness, the most representative concentration shall be used.


Rule Clarification and Implementation Questions, cont’d “Naturally occurring” is defined within the definition of SOCs:

“…Naturally occurring organic chemicals in their natural location are not considered a pollutant pursuant to the Ground Water Quality Standards. An SOC may be considered to be in its natural location, if, by background sampling and modeling, it is shown that such SOC has migrated to that point from the place it naturally occurred.”


Rule Clarification and Implementation Questions, cont’d “Natural water quality” is used but not defined in current rules at N.J.A.C. 7:9C‐1.5(f):

“The Class III ground waters are not suitable for potable water due to natural hydrogeologic characteristics or natural water quality. Class III includes geologic formations or units that are aquitards or have a natural quality that is unsuitable for conversion to potable water (for example, saline ground water).”


Rule Clarification and Implementation Questions, cont’d “Natural concentration” is used but not defined in the GWQS rules at N.J.A.C. 7:9C‐1.5(f)3:

“Class III‐B ground water consists of all geologic formations or units which contain ground water having natural concentrations or regional concentrations (through the action of salt‐water intrusion) exceeding 3,000 mg/l Chloride or 5,000 mg/l Total Dissolved Solids, or where the natural quality of ground water is otherwise not suitable for conversion to potable uses…”


Rule Clarification and Implementation Questions, cont’d Definitions of similar terms in SWQS rules:

“Natural water quality” means the water quality that would exist in a waterway or a waterbody without the addition of water or waterborne substances from artificial origin.

“Natural background”, “background”, and “naturally occurring” are used but not defined.


Rule Clarification and Implementation Questions, cont’d Are there provisions that need to be clarified or simplified for effective implementation through regulatory programs?• Classification Exception Areas• Reclassification process

• Are there concerns about how the standards are implemented by the regulatory programs?

• Site Remediation• NJPDES‐DGW• Other



Anne Witt, Research Scientist 2BEARS


Update PQLs based on current methodsUpdate numeric ground water quality criteria based on current science

Develop new health‐based criteria and PQLs for high priority constituents

Key Issues Under Consideration


“PQL” means “practical quantitation level” Lowest concentration reliably achieved during routine laboratory operations

Derived from Method Detection Limit (MDL) data from the New Jersey Department of Health laboratory

Derived from laboratory performance data that has been evaluated by the Department

PQLs


Specific Criteria and PQLs


Constituent standard

Interim Specific Criteria and PQLs


caprolactam 105-60-2 3500 5000 5,000 2/11/2008

1-chloro-1,1-difluoroethane 75-68-3 100,000 500 100,000 11/25/2015

cobalt 7440-48-4 100 0.5 100 2/11/2008

cresols (mixed isomers) 95-48-7, 108-39-4, 106-44-5 50 0.1 50 11/25/2015

1,1-dichloro-1-fluoroethane 1717-00-6 500 30 500 11/25/2015

dichlormid 37764-25-3 600 50 600 2/11/2008

Constituent standard

If PQL is higher than criterion, the standard is “PQL‐driven”

61 standards are currently “PQL‐driven” 58 Specific Criteria (Appendix Table 1) 3 Interim Specific criteria

Change in PQL will likely result in change to the enforceable standard

“PQL‐Driven” Standards


PQL‐Driven Standards


PQL‐driven

Need for PQL Updates

New or improved analytical methods or detection limits developed or achieved since PQLs were developed in 2005.


To Derive Health‐Based Criteriafor Carcinogens


To Derive Health‐Based Criteriafor Non‐Carcinogens


USEPA Updated Ambient Water Quality Criteria for the Protection of Human Health (adopted 2015)

Stakeholder Process for Remediation Standards at N.J.A.C. 7:26D

Recommendations for new or updated health‐based MCLs

USEPA Updated Exposure Factors Handbook (2011)

Need for Criteria Updates


New Information


Constituent CASRN Ground Water Quality Criterion (ug/L)

Practical Quantitation Level (PQL)

Date Established

or Promulgated

Higher of Ground Water Quality Criterion and PQL (ug/L)

New information

(Date)

1,1,1,2‐Tetrachloroethane

630‐20‐6 1 1 2005 1

1,1,1‐Trichloroethane (TCA)

71‐55‐6 30 1 1991 30

1,1,1‐trifluoroethane 420‐46‐2 5000 60 11/25/2015 5,0001,1,2,2‐Tetrachloroethane

79‐34‐5 1 1 2005 1

1,1,2‐trichloro‐1,2,2‐trifluoroethane (Freon 113)

76‐13‐1 20,000 0.3 11/25/2015 20,000

1,1,2‐Trichloroethane 79‐00‐5 3 2 1991 31,1‐Biphenyl 92‐52‐4 400 10 2005 4001,1‐dichloro‐1‐fluoroethane

1717‐00‐6 500 30 11/25/2015 500

Kerry Pflugh, Facilitator



PQL and Criteria Update QuestionsWhich PQLs should be updated and why?Which criteria should be updated and why?Should any new criteria (and PQLs) be under development?

Are there concerns about the basis and process used to derive new and updated criteria and PQLs/standards?


Sandra Cohen, Rule ManagerBEARS


What We Heard TodayKey Issues



3. Update numeric ground water quality criteria and practical quantitation limits (PQLs)

Other ConcernsRecommendations


Next Steps● Compile and review all information and

recommendations from all stakeholders

● Crunch the numbers for potential new and updated criteria and PQLs

● Schedule additional work group meetings as needed

● Commence rulemaking process


Tentative Proposed Schedule● April – May 2016: Continue stakeholder

process● June ‐ October 2016: Draft proposed rule

amendments● November 2016: Publish Rule Proposal● Winter 2016‐2017: Public review and

comment, Public hearings● Spring – Summer 2017: Draft Final Rule● November 2017: Publish Rule Adoption


Additional Information• GWQS Rules and Program

http://www.state.nj.us/dep/wms/bears/gwqs.htm

• Current Interim GWQ Criteriahttp://www.state.nj.us/dep/wms/bears/gwqs_interim_criteria_table.htmhttp://www.state.nj.us/dep/dsr/supportdocs/

• GWQS Rules Stakeholder Processhttp://www.nj.gov/dep/workgroups/

• Ground Water Remediationhttp://www.nj.gov/dep/srp/regs/gwqs/gwqsfaq.htmhttp://www.nj.gov/dep/srp/

• NJPDES DGW Permitshttp://www.nj.gov/dep/dwq/dgw_home.htm


Contact InformationNJDEP Division of Water Monitoring and StandardsBureau of Environmental Analysis, Restoration and

Standards (BEARS)PO Box 420 (Mail Code 401‐04I)

401 East State StreetTrenton, New Jersey 08625‐0420

609‐633‐1441http://www.state.nj.us/dep/wms/bears/index.html



Documents

GWQS presentation April 11 2016.pptx [Read-Only] · Bureau of Environmental Analysis, Restoration and Standards (BEARS) Division of Water Monitoring and Standards (WMS) April 11,