N.J. Admin. Code § 7:10-5.2

Current through Register Vol. 56, No. 9, May 6, 2024

Section 7:10-5.2 - Discretionary changes to National Regulations

(a) In accordance with the discretionary authority permitted by the National Regulations, for compliance with the State primary drinking water regulations, the following shall apply:

1. Surface water treatment requirements shall be those established under the National Regulations except as provided in N.J.A.C. 7:10-9.

2. Subject to N.J.A.C. 7:10-5.8, the analytical, monitoring, treatment, and other requirements for total coliform shall be those established under the National Regulations.

3. MCLs for inorganic chemicals (IOCs) shall be those established under the National Regulations, except for the State-regulated contaminant arsenic, for which an MCL of five [micro]g/l shall apply. Monitoring requirements for IOCs shall be those established under the National Regulations and at (a)7 below.

4. MCLs for volatile organic compounds (VOCs) shall be those established under the National Regulations except for the State-regulated VOCs for which the MCLs are listed in Table 1, below. Monitoring requirements for VOCs, including the VOCs, 1,3-dichlorobenzene; 1,1-dichloroethane; 1,1,2,2-tetrachloroethane; naphthalene; and methyl tertiary butyl ether, shall be those established under the National Regulations and at (a)7 below.

TABLE 1

MCLs FOR STATE-REGULATED VOCS*
State-regulated VOC	MCL (in [micro]g/l or ppb)
Benzene	1
Carbon tetrachloride	2
Chlorobenzene	50
1,3 Dichlorobenzene	600
1,2 Dichloroethane	2
1,1 Dichloroethylene	2
Methylene chloride	3
Tetrachloroethylene	1
Trichlorobenzene(s)	9
1,1,1 Trichloroethane	30
Trichloroethylene	1
Xylene(s)	1,000
1,1 Dichloroethane	50
1,1,2 Trichloroethane	3
1,1,2,2 Tetrachloroethane	1
Naphthalene	300
Methyl tertiary butyl ether (MTBE)	70

* The MCLs in this table are more stringent than those in the National Regulations, with the exception of the following chemicals, which do not have Federal MCLs: 1,3-dichlorobenzene; 1,1-dichloroethane; 1,1,2,2-tetrachloroethane; naphthalene; and methyl tertiary butyl ether.

5. MCLs for the State-regulated per- and polyfluoroalkyl substances perfluorononanoic acid (PFNA), perfluorooctanoic acid (PFOA), and perfluorooctanesulfonic acid (PFOS) shall be those established at (a)5i, ii, and iii below. Monitoring requirements for PFNA, PFOA, and PFOS shall be those established under the National Regulations at 40 CFR 141.24(f) and at (a)7 below. For PFNA, the conditions at (a)5i apply. For PFOA, the conditions at (a)5ii apply. For PFOS, the conditions at (a)5iii apply.

i. For PFNA, the MCL shall be 0.013 [micro]g/l. Monitoring requirements shall begin as set forth at (a)5i(1) below and are subject to the condition at (a)5i(2) below.

(1) All public community water systems using a groundwater source(s) serving a population of 10,000 or less and public nontransient noncommunity water systems shall begin monitoring within the first quarter of 2019. All public community water systems using a surface water source(s) and all public community water systems serving a population greater than 10,000 shall begin monitoring within the first quarter of 2020.

(2) Notwithstanding the threshold set forth at 40 CFR 141.24(f)(11), the requirement for quarterly monitoring at 40 CFR 141.24(f)(11)(i) shall apply if PFNA is detected at a level exceeding 0.002 [micro]g/l.

ii. For PFOA, the MCL shall be 0.014 [micro]g/l. Monitoring requirements shall begin as set forth at (a)5ii(1) below and are subject to the conditions at (a)5ii(2) and (3) below.

(1) All public community and public nontransient noncommunity water systems shall begin monitoring within the first quarter of 2021.

(2) Nothwithstanding the threshold set forth at 40 CFR 141.24(f)(11), the requirement for quarterly monitoring at 40 CFR 141.24(f)(11)(i) shall apply if PFOA is detected at a level exceeding 0.002 [micro]g/l.

(3) A public community water system or a public nontransient noncommunity water system may submit monitoring data for PFOA to the Department for a determination of whether the system may reduce monitoring frequency to an annual basis provided:

(A) The monitoring data are collected in accordance with (a)7 below after January 1, 2019; and

(B) The monitoring data are reported to the Department in accordance with N.J.A.C. 7:10-5.4on or before June 1, 2020.

iii. For PFOS, the MCL shall be 0.013 [micro]g/l. Monitoring requirements shall begin as set forth at (a)5iii(1) below and are subject to the conditions at (a)5iii(2) and (3) below.

(1) All public community and public nontransient noncommunity water systems shall begin monitoring within the first quarter of 2021.

(2) Nothwithstanding the threshold set forth at 40 CFR 141.24(f)(11), the requirement for quarterly monitoring at 40 CFR 141.24(f)(11)(i) shall apply if PFOS is detected at a level exceeding 0.002 [micro]g/l.

(3) A public community water system or a public nontransient noncommunity water system may submit monitoring data for PFOS to the Department for a determination whether the system may reduce monitoring frequency to an annual basis provided:

(A) The monitoring data are collected in accordance with (a)7 below after January 1, 2019; and

(B) The monitoring data are reported to the Department in accordance with N.J.A.C. 7:10-5.4on or before June 1, 2020.

6. MCLs for synthetic organic compounds (SOCs) and pesticides shall be those established under the National Regulations except for the State-regulated SOCs at (a)6i and ii below. Monitoring requirements for SOCs shall be those established under the National Regulations and at (a)7 below. For 1,2,3-trichloropropane, the conditions at (a)6ii below apply.

i. Chlordane, for which an MCL of 0.5 [micro]g/l shall apply; and

ii. 1,2,3-Trichloropropane, for which an MCL of 0.030 [micro]g/l shall apply. Monitoring requirements shall be those established for SOCs under the National Regulations, beginning as set forth at (a)6ii(1) below and subject to the condition at (a)6ii(2) below.

(1) All public community water systems using a groundwater source(s) serving a population 10,000 or less and public nontransient noncommunity water systems shall begin monitoring within the first quarter of 2019. All public community water systems using a surface water source(s) and all public community water systems serving a population greater than 10,000 shall begin monitoring within the first quarter of 2020.

(2) Notwithstanding the threshold set forth at 40 CFR 141.24(h)(7), the requirement for quarterly monitoring at 40 CFR 141.24(h)(7)(i) shall apply if 1,2,3-trichloropropane is detected at a level equal to or exceeding 0.010 [micro]g/l.

7. Water systems that, as provided at 40 CFR 141.23 and 141.24, are monitoring for inorganics (except asbestos, nitrate, and nitrite), volatile organic compounds, and synthetic organic compounds or for PFNA, PFOA, and PFOS at a frequency less than annually shall monitor once in each Federal three-year compliance period in accordance with the schedule in the table below.

Monitoring Schedule	Water System Type
Year one of the applicable threeyear Federal compliance period (for example, 2017, 2020, 2023, 2026)	Any public community water system using a surface water source(s) and any public community water system serving a population greater than 10,000.
Year two of the applicable threeyear Federal compliance period (for example, 2018, 2021, 2024, 2027)	Any public community water system using a groundwater source(s) serving a population equal to or less than 10,000.
Year three of the applicable three-year Federal compliance period (for example, 2019, 2022, 2025, 2028)	Any public nontransient noncommunity water system.

8. MCLs and monitoring requirements for disinfectants and disinfection by-products shall be those established under the National Regulations.

9. Action levels and monitoring requirements for lead and copper shall be those established under the National Regulations.

10. For public community and public nontransient noncommunity water systems, MCLs and monitoring requirements for radionuclides shall be those established under the National Regulations. Public nontransient noncommunity water systems shall begin monitoring within the first quarter of 2019.

11. The Department may allow monitoring waivers for public water systems pursuant to 40 CFR 141.23(c) and 141.24(f) and (h) of the National Regulations.

12. Suppliers of water from a bulk purchase system are subject only to the microbiological monitoring, disinfectant by-product monitoring, and lead and copper monitoring requirements of this section.

13. If a supplier of water installs a treatment device or process to bring the water into compliance with any applicable MCL, the supplier of water shall monitor for that contaminant each calendar quarter (notwithstanding compliance with the applicable MCL for the contaminant).

(b) The National Regulations, at 40 CFR 141.151, require each community water system to annually develop and deliver to its customers a Consumer Confidence Report (CCR), which provides information on the quality of the water delivered by the system and characterizes the risks (if any) from exposure to contaminants detected in the drinking water in an accurate and understandable manner. In addition to the standards and requirements in the National Regulations for the development and distribution of the CCR, the following requirements shall apply:

1. Notwithstanding the provisions of the Federal Safe Drinking Water Act amendments of 1996, 42 U.S.C. §§ 300f et seq. and the National Regulations, at 40 C.F.R 141.155, every public community water system, regardless of the number of persons served, shall mail a copy of its Consumer Confidence Report to each of its customers.

2. The statement required pursuant to 40 C.F.R. 141.154(a) (Vulnerable Populations Statement) shall be included in bold print within the header of any chart displaying levels of detection and maximum contaminant levels for contaminants included in the Consumer Confidence Report.

i. If the Consumer Confidence Report does not contain at least one chart displaying levels of detection and maximum contaminant levels, the Vulnerable Populations Statement shall be placed at the beginning of the report.

3. In addition to the reporting requirements set forth at N.J.A.C. 7:10-7.4, if, at any time during any monitoring period within the reporting year, a sample collected and analyzed pursuant to N.J.A.C. 7:10-7.3exceeds the recommended upper limit for iron, manganese or sodium as provided at N.J.A.C. 7:10-7.2, the following language shall be included in the Consumer Confidence Report:

i. "FOR IRON: The recommended upper limit for iron is based on unpleasant taste of the water and staining of laundry. Iron is an essential nutrient, but some people who drink water with iron levels well above the recommended upper limit could develop deposits of iron in a number of organs of the body."

ii. "FOR MANGANESE: The recommended upper limit for manganese is based on staining of laundry. Manganese is an essential nutrient, and toxicity is not expected from levels which would be encountered in drinking water."

iii. "FOR SODIUM: For healthy individuals, the sodium intake from water is not important, because a much greater intake of sodium takes place from salt in the diet. However, sodium levels above the recommended upper limit may be of concern to individuals on a sodium restricted diet."

4. For the nine State-regulated contaminants for which there is no Federal MCL, the Consumer Confidence Report shall include the information set forth below:

Contaminant	New Jersey MCL ([micro]g/l)	MCL in units for CCR	Major Sources in Drinking Water	Health Effects Language
1,3-Dichlorobenzene<*>	600	600 ppb	Discharge from industrial chemical factories	Some people who drink water containing 1,3-Dichlorobenzene in excess of the MCL over many years could experience problems with their liver, kidneys, or circulatory system.
1,1-Dichloroethane	50	50 ppb	Discharge from metal degreasing sites and other factories	Some people who drink water containing 1,1-Dichloroethane in excess of the MCL over many years could experience problems with their kidneys.
Methyl tertiary butyl ether (MTBE)	70	70 ppb	Leaking underground gasoline and fuel oil tanks, gasoline and fuel oil spills	Some people who drink water containing MTBE in excess of the MCL over many years could experience problems with their kidneys.
Naphthalene	300	300 ppb	Discharge from industrial chemical factories, exposure to mothballs	Some people who drink water containing Naphthalene in excess of the MCL over many years could experience problems with cataracts and hemolytic anemia.
1,1,2,2-Tetrachloroethane	1	1 ppb	Discharge from industrial chemical factories	Some people who drink water containing 1,1,2,2-Tetrachloroethane in excess of the MCL over many years could experience problems with their liver, kidneys, and central nervous system.
Perfluorononanoic acid (PFNA)	0.013	13 ppt	Discharge from industrial chemical factories	Some people who drink water containing PFNA in excess of the MCL over many years could experience problems with their liver, kidney, immune system, or, in males, reproductive system. For females, drinking water containing PFNA in excess of the MCL over many years may cause developmental delays in a fetus and/or an infant.
Perfluorooctanoic Acid (PFOA)	0.014	14 ppt	Discharge from industrial, chemical, and manufacturing factories, release of aqueous film forming foam.	Some people who drink water containing PFOA in excess of the MCL over many years could experience problems with their blood serum cholesterol levels, liver, kidney, immune system, or, in males, reproductive system. Drinking water containing PFOA in excess of the MCL over many years may also increase the risk of testicular and kidney cancer. For females, drinking water containing PFOA in excess of the MCL over many years may cause developmental delays in a fetus and/or an infant.
Perfluorooctanesulfonic Acid (PFOS)	0.013	13 ppt	Discharge from industrial, chemical factories, release of aqueous film forming foam.	Some people who drink water containing PFOS in excess of the MCL over many years could experience problems with their immune system, kidney, liver, or endocrine system. For females, drinking water containing PFOS in excess of the MCL over many years may cause developmental effects and problems with the immune system, liver, or endocrine system in a fetus and/or an infant. Some of these developmental effects can persist through childhood.
1,2,3-Trichloropropane	0.030	30 ppt	Application of pesticides to agricultural land; discharge from metal degreasing sites, chemical manufacturing plants, and other industrial sites	Some people who drink water containing1,2,3-trichloropropane in excess of the MCL over many years may have an increased risk of getting cancer.

N.J. Admin. Code § 7:10-5.2

Amended by 49 N.J.R. 3505(b), effective 11/6/2017

Amended by 50 N.J.R. 1939(a), effective 9/4/2018

Administrative Change, 52 N.J.R. 518(a).

Amended by 52 N.J.R. 1165(b), effective 6/1/2020