Highlights of the NJDEP Meeting regarding changes to the 7:14A NJPDES Permitting Rules.
By Ellen Gulbinsky

On January 10th NJDEP held a meeting at their offices in Trenton to present the concepts and changes they were planning to make to the NJPDES permitting rules. A dozen AEA members sent staff representatives to the meeting. Jeff Reading is the manager for these rules. He indicated that DEP is willing to hold meetings on various topics related to the proposals. The rule will sunset in May and most likely be extended until the fall when the new rule will be proposed. As various DEP staff presented portions of the rule that would be changed, they made some statements that bounced out at me as big changes or significant impacts on members such as:

1. Reuse of effluent- It was stated that the state will not be crediting gallonage saved through reuse toward your allowable discharge. You may recall that this was supposed to be the give back to facilities that were told that their discharge gallonage would be frozen at design capacity and the state would not be approving expansions. Now, even if you save 1 MGD through a reuse alternative, you can not reuse the 1 MGD toward your discharge. They will be adopting a new Appendix A with treatment requires for specific effluent reuses.

2. End of pipe limits on impaired water bodies- Pillar Patterson proudly proclaimed to environmental activists asking for proof that new permits are more stringent and more protective of water resources than older permits that permittees on impaired water bodies receive the most stringent limit end of pipe for the listed pollutant. This was a strong affirmation of the status quo to which AEA objects. AEA has submitted documentation to NJDEP that this practice is neither required by federal law nor used by other regions across the country. In addition it is scientifically incorrect.

3. Inspection and repair of aging systems- during the question and answer part of the meeting activists were pressing DEP for controls and requirements for oversight of system maintenance and inspection.

4. Encouragement of beneficial reuse of effluent- It became clear during the discussion that activists view beneficial reuse of effluent as a progrowth effort that should be discouraged because they think it liberates gallonage for more connections or increases potable water quantity. Howard Tompkins made the statement in highlight number one (above) in reference to this concern. The program is struggling now due to a lack of funding. With no incentive to the discharger to reuse effluent gallonage, there will be even less incentive to participate and jump through the regulatory hoops.

5. Chlorination of effluent to the ocean- activists questioned DEP on how they control the discharge of chlorine to the ocean and were skeptical of DEP allowing the calculation of chlorine through the discharge pipe. DEP has specified that enterococcus monitoring will not apply to FW2 waters but rather to SE1 and SC waters. E.coli monitoring will apply to FW2 waters. DEP expressed concerns regarding quality control of the new EPA lab methods. They have decided to ask for monitoring results with the new procedure before implementing it.

6. Stormwater fees will be recalculated and raised to pay for a computer system that DEP needs to administer the program.

7. IPP programs will see many changes. DEP will be asking for data on trucked waste. They will be more prescriptive on how to issue permits and administer DLA programs to conform to federal requirements. There will be waivers for monitoring pollutants in wastewater that are not present. There will be new permits for phragmites beds and for stored residuals materials sites with >2500 Cubic Yards of material. Residuals will need to be monitored for radium. If there are odor problems or handling problems with the site where biosolids are applied, the generator is held responsible.

8. Land Application Management Approvals (LAMAS) Biosolids generators will need letters of approval that biosolids may go to the state or locations where they are going. Arial photos, detailed field maps, transportation pattern info must be supplied.

9. Posting all the permits on the DEP web site. Nancy Wittenberg indicated an interest in posting all permit data on their web site so that the public can access it. A noble idea, but will the data be accurate? As many of you know, you correct the location of your outfall and your discharge water body every time you get a permit.

Jeff Reading is the manager for these rules. He indicated that DEP is willing to hold meetings on various topics.

SUMMARY OF PLANNED AMENDMENTS TO THE NJPDES RULES
N.J.A.C. 7:14A

General
" Definition of Waters of the State - The Department proposes to amend the definition of waters of the state to add the word "wetlands". The addition of the word "wetlands" makes the NJPDES rule definition consistent with the definition found in the Surface Water Quality Standards at N.J.A.C. 7:9B-1.4.
" N.J.A.C. 7:14A-2.12 - Water Quality Study Workplans: The proposed amendment will clarify that the Department must approve workplans before studies begin.

Electronic Submissions
" N.J.A.C.7:14A-2.11 and N.J.A.C. 7:14A-6.8 - allow applicants, permittees and other interested persons to submit applications, reports, and other information electronically, with the Department's consent and in the manner prescribed by the Department, via the Department's web portal.
" N.J.A.C. 7:14A-6.8(a) and 6.8(d)1 and 2 relate to electronic submission of monitoring report forms and the NJPDES Electronic Data Interchange (EDI) Program.

Reclaimed Water for Beneficial Reuse (RWBR)
" N.J.A.C. 7:14A-2.15 - New provisions establishes permit conditions for facilities producing or proposing to produce RWBR, and describes the two broad classifications of RWBR: Restricted Access and Public Access. Ensure that RWBR is managed in an environmentally sound manner that does not pose a serious threat to the public health, safety, or welfare. The institution of an RWBR program will not enable a facility to expand its sewer service area or capacity to accept wastewater.
" Requirements for a Reuse Feasibility Study (RFS) are also specified in the proposal. A Reuse Feasibility Study evaluates the reasonable ability of a facility to implement RWBR. The Department is proposing to require an RFS in certain applications for individual NJPDES discharge to surface water (DSW) and discharge to ground water (DGW) permits for facilities in the listed coastal counties and the critical water supply areas delineated under N.J.A.C. 7:19-8. These counties and critical areas are the regions of New Jersey where the expected benefits of RWBR are projected to be the greatest.

NJPDES Permit Fees
" N.J.A.C. 7:14A-3 - Revised Ground Water Fee Method: The proposed amended method for DGW fee calculations (including operating landfills) is based upon the principal of weighted risk. Under the proposed amendments, the method for determining the Environmental Impact used in the annual fee formula for discharges to groundwater, including landfills will be updated and simplified. The proposed new fee formula results in fees that are less volatile and less sensitive to slight changes to facility rating characteristics, is simpler to understand and implement, and results in fees that are more predictable and stable from year to year.
" N.J.A.C. 7:14A-3 - NJPDES Stormwater Construction Permit Fee: The proposed amendments will address two issues: payment of fees for Federal facilities for projects that require local soil conservation district review of soil erosion and sediment control plans; and expanded fees necessary to implement the E-permitting/NJEMS initiative to bring the thousands of construction permits into the NJEMS system.

Discharges to Surface Water
" The Department proposes to amend N.J.A.C. 7:14A-4.4(b) 3 and N.J.A.C. 7:14A-4 Appendix A to update the permit application pollutant testing requirements to include additional parameters consistent with amendments to the Surface Water Quality Standards.
" N.J.A.C. 7:14A-6.5(b)2ii - The proposed amendments will address amendments to the Surface Water Quality Standards, which were adopted on October 16, 2006, revising the water quality criteria for bacterial quality. These amendments include revised criteria for enterococci (saline waters) and E. coli (freshwaters). In addition, on September 28, 2006, EPA signed amendments to 40 CFR 136 approving new methods for E. coli and enterococci in wastewater. The Department will discuss its plans to implement these revised criteria and analytical methods through permits - first through effluent characterization and subsequently effluent limits where appropriate.
" N.J.A.C. 7:14A-13 - The proposed amendments will codify the existing Department practice of using chlorine produced oxidants (CPO) decay/demand factors when calculating water quality based effluent limitations and/or CPO concentration values to be reported on discharge monitoring reports (DMRs), for dischargers that have long outfalls. This includes dischargers that utilize the outfall travel time to achieve the contact time necessary for disinfection.

Underground Injection Control (UIC)
" N.J.A.C. 7:14A-8 - The proposed amendments will supplement an existing requirement that Class I, II, III, and IV wells must be closed in a manner that prevents fluid movement that may cause a violation of the State primary drinking water regulations or any Ground Water Quality Standards, or may otherwise adversely affect the health of persons. This amendment is proposed in response to concerns expressed by USEPA.

Pretreatment Program and SIU Permits
" N.J.A.C. 7:14A-4.2(e)5 requires that SIUs discharging to a previously delegated local agency, where the Department has revoked the delegation, shall be notified of the deadline to submit applications to the Department.

" N.J.A.C. 7:14A-19 and 21 - updates the NJPDES rules to be consistent with Federal General Pretreatment regulations under 40 CFR Part 403 as modified by USEPA on October 14, 2005, commonly referred to as the Pretreatment Streamlining Rule. Updates include "optional" Streamlining provisions as per the input and recommendations of the New Jersey Pretreatment Task Force, as well as the "required" Streamlining provisions that USEPA mandates.

" Proposed amendments include a requirement that non-delegated local agencies include, as part of their annual report submission, information on whether they accept trucked-in wastes at their treatment plants.

" New language requires that sampling of the influent, effluent, and sludge at a treatment works operated by delegated local agencies (DLAs) include, along with the priority pollutants, the additional pollutants molybdenum, ammonia, and phosphorus.

" New language specifying the criteria under which a local agency could conduct limited treatment plant sampling rather than conduct a complete headworks analysis. Also includes an exemption for schools, correctional facilities, and housing developments from the requirement to develop local discharge limitations.

" New language specifies that a local agency's permit processing must be consistent with the procedures followed by the Department under the NJPDES regulations, including permit renewal, modification, suspension, and revocation procedures. Additionally, it clarifies the permit appeal process to ensure that a DLA issued permit will be subject to the same processes as a Department issued permit.

Residual
" N.J.A.C. 7:14A-6.10(a)5 obligates a permittee to report any non-compliance with a standard for residual use or disposal to the Department.

" N.J.A.C. 7:14A-20 -new and amended conditions concerning Standards for the Use or Disposal of Residual. Prohibit the use as fill of residual or marketable residual products, which include material derived from blending exceptional quality residual with soil. The proposed amendments also impose standards on all surface disposal sites, and prohibit the permitting of new surface disposal sites.

" New permit requirements for residual blending and distribution operations.

" The proposed amendments improve the specificity of reasons for addressing the behavior of bad actors; specifically addressing nutrient run-off & odors during delivery, storage and application of residuals to the land and provides two new and three amended management practices applicable to certain land application programs. The proposed amendments also eliminate the land application program that allows the marketing of poor quality product in a bag or other container.

" The proposed amendments establish significant new permit application requirements for residuals permittees including the requirement to monitor residuals for Radionuclides and Phosphorous; site evaluation and mapping; sampling plan and product literature; untried stabilization technologies; and specific, new criteria applicable to the expiration and renewal of Letters of Land Application Management Approvals.

Treatment Work Approvals (TWAs)
" N.J.A.C. 7:14A-22 - the treatment works approval portion of the Ninety-day Construction Rules (N.J.A.C. 7:1C) will be recodified in N.J.A.C. 7:14A-22 and repealed from N.J.A.C. 7:1C.