Region 2

James M. Stuhltrager
Mid-Atlantic Environmental Law Center
Wilmington, Delaware

New Jersey

Water quality issues in New Jersey have centered on two regulatory packages. In July 2000, New Jersey’s Department of Environmental Protection (NJDEP) released its Draft Watershed Management Rules. These rules proposed sweeping changes to New Jersey’s watershed planning including proposals to implement the total maximum daily load (TMDL) program, wastewater management program, water quality management plans, and environmental planning (http://www.state.nj.us/dep/watershedmgt/wmp_rule_toc.htm). The proposal met with immediate resistance from a broad range of interests ranging from the environmental community to builders and developers to a bipartisan group of legislators.

On January 31, 2001, NJDEP adopted that portion of the proposed Watershed Management Rules that require new developments using septic systems to undergo the same environmental assessments as proposed new sewer service areas. Based on the response during the public comment period, the remainder of the proposed rules are currently being reviewed by NJDEP. NJDEP expects to promulgate the remaining rules later this year.

In November 2000, New Jersey proposed revisions to several of its water quality standards (WQSs) (http://www.state.nj.us/dep/watershedmgt/swqs/). The proposal includes changes to the criteria for total dissolved solids, changes to the mixing zone regulations, and includes implementing regulations for antidegradation review. The deadline for submission of comments on these proposed WQSs is March 17, 2001.

New York

On February 9, 2001, EPA Region 2 announced that it would stand by its decision to require New York City to filter drinking water from the Croton watershed. EPA has argued that filtration is necessary to comply with the requirements of the Safe Drinking Water Act. This announcement followed a decision by the New York Court of Appeals that ruled that the city could not construct a proposed filtration plant in the Bronx without approval of the state legislature. In order to avoid such a costly investment, the City previously proposed the development of a plan (similar to a TMDL) to protect the Croton watershed. In light of the court’s decision and Region 2’s announcement, the City has indicated that it may ask EPA Administrator Christie Whitman for permission to develop this plan in lieu of filtration. Amy Waldman, Despite Ruling, E.P.A. Insists That City Must Filter Water, N.Y. Times, February 10, 2001 at B3.

New York/New Jersey

The Delaware River Basin Commission (DRBC) will conduct a series of three meetings to explore ways to reduce the amount of PCBs in the Delaware River and Delaware Bay (http://www.state.nj.us/drbc/PCB_meetings.htm). The meetings will be held in Wilmington, Philadelphia, and Mount Holly, New Jersey. DRBC has announced that it will consider establishing a TMDL that will address both point and nonpoint sources of PCBs. Both NJDEP and the New York State Department of Environmental Conservation are stakeholders in this process.

Puerto Rico and United States Virgin Islands

In Fall 2000, EPA Region 2 announced decisions on three requests for waivers from the requirement for secondary treatment at several sewage treatment plants in Puerto Rico and the Virgin Islands. EPA has decided to allow the Puerto Rico Aqueduct and Sewage Authority’s Aguadilla treatment plant to continue to provide only advanced primary treatment. Advanced primary treatment separates and settles out solid materials from sewage before discharge to the ocean. The Region also announced that its preliminary decision is to disapprove the request for waivers for the St. Croix and St. Thomas wastewater treatment plants. If these decisions are finalized, both plants will be required to upgrade to secondary.