NJ DEP Adopts New Water Quality Rules

NJ DEP recently announced the final adoption of regulations that will establish more stringent standards for more than 100 toxic pollutants to protect the health of humans and a broad range of aquatic species. With this adoption, five streams will receive a new Category 1 (C1) designation based on their trout production status, but even environmental protection organizations aren't sure the new rules will truly protect sensitive trout populations.

Under the new rules, DEP will apply new temperature criteria to protect trout production streams. The adopted rules also establish more stringent criteria for dissolved oxygen, ammonia, and total suspended solids for all streams that receive upgraded protection based on their ability to support trout populations. Furthermore, the rules establish upgraded criteria for mercury and PCBs, as well as a new monitoring requirement. Dischargers will now be required to use more sensitive analytical methods for monitoring mercury and PCBs, enabling DEP to better identify and track reductions in PCB and mercury levels.

Unfortunately, these changes to the regulations have created a controversy with respect to temperature standards for trout streams, according to the Pequannock River Coalition. A 68-degree maximum temperature was formerly the standard on these waters since trout are sensitive to higher temperatures. Now, the 68-degree requirement has been changed to a 68-degree "summer average." This distinction is a concern for rivers like the Wanaque, Pequannock and Raritan where deep reservoirs normally release cold bottom water to the rivers. When the bottom releases are occurring all is well. When bottom releases are not occurring, hot spillway water flowing over dams can push downstream temperatures into the 80s, killing trout and other temperature-sensitive species. Yet the average temperature of the water can still be kept far below the required 68-degrees. NJ DEP says they are working on determining a new, appropriate daily maximum temperature.

The Surface Water Quality Standards rules and a list of the streams that will receive a C1 designation can be found at http://www.nj.gov/dep/rules/adoptions/2006-1016swqs.pdf. The Pequannock River Coalition press release: http://www.pequannockriver.org/cgi-bin/bbs/db.pl?func=expand&record_number=106