PROPOSED RULEMAKING
DELAWARE RIVER BASIN COMMISSION
[25 PA. CODE CH. 901]
Toxic Pollutants in Tidal Delaware River Amendments to the Comprehensive Plan, Water Code and Administrative Manual Regarding the Tidal Delaware River
[26 Pa.B. 3537] Notice is hereby given that the Delaware River Basin Commission (Commission) will hold a public hearing in accordance with this notice to receive comments on modifications to its proposed amendments to its Comprehensive Plan, Water Code and Water Quality Regulations concerning water quality criteria for toxic pollutants, and policies and procedures to establish wasteload allocations and effluent limitations for point source discharges to Zones 2 through 5 (Trenton, New Jersey to the Delaware Bay) of the tidal Delaware River.
Dates: The public hearing will be held on Thursday, September 5, 1996, beginning at 10 a.m. and continuing as long as there are people present wishing to testify.
The deadline for inclusion of written comments in the hearing record will be 5 p.m. on September 5, 1996.
Addresses: The hearing will be held in the Goddard Conference Room of the Commission's offices at 25 State Police Drive, West Trenton, New Jersey.
Written comments should be submitted to Susan M. Weisman, Commission Secretary, Delaware River Basin Commission, P.O. Box 7360, West Trenton, New Jersey 08628.
For Further Information Contact: Susan M. Weisman, Commission Secretary at (609) 883-9500 ext. 203.
SUPPLEMENTARY INFORMATION
Background and Rationale
On October 5, 11 and 13, 1995, the Commission held public hearings on proposed amendments to its water quality regulations as noticed in 25 Pa.B. 3478 (August 26, 1995) and 25 Pa.B. 4007 (September 23, 1995). The public hearing record, originally scheduled to close on November 13, 1995, was extended by the Commission at its October 25, 1995, business meeting to December 13, 1995. Oral and written comments were received from 31 individuals and organizations as well as a coalition of 14 industrial and municipal dischargers to the Delaware Estuary.
As a result of comments received on that proposal and discussions with the Commission's Water Quality and Toxics Advisory Committees, the Commission has decided to modify its initial proposal. The proposal, as modified, is described below and is the subject of the September 5, 1996, public hearing.
Persons wishing to testify are requested to notify the Secretary in advance of the hearing.
The subjects of the hearing will be as follows:
Amendments to the Comprehensive Plan, Water Code of the Delaware River Basin and Administrative Manual-- Part III Water Quality Regulations
Article 3 of the Water Code and Administrative Manual--Part III Water Quality Regulations sets forth the water quality standards for the Delaware River Basin; Article 4 the application of those standards. These regulations apply to all waste dischargers, public and private, using the waters of the Delaware River Basin. It is proposed to:
1. Amend Article 3 of the Administrative Manual--Part III Water Quality Regulations, the Comprehensive Plan and Article 3 of the Water Code of the Delaware River Basin as follows:
a. Subsection 3.10.3C. and D. are added to read as follows:
C. Aquatic Life Objectives for Toxic Pollutants. It is the policy of the Commission to designate numerical stream quality objectives for the protection of aquatic life for the Delaware River Estuary (Zones 2 through 5) which correspond to the designated uses of each zone. Aquatic life objectives for the protection from both acute and chronic effects are herein established on a pollutant-specific basis for:
pollutants listed as toxic under section 307(a)(1) of the Clean Water Act for which the U.S. Environmental Protection Agency (EPA) has published final criteria,
other chemicals for which EPA has published final criteria under Section 304(a) of the act, and
pollutants and other chemicals in combinations.
Other toxic substances for which any of the three Estuary states have adopted criteria or standards may also be considered for the development of stream quality objectives.
1. For the purpose of determining compliance with stream quality objectives for the protection of aquatic life, the duration of exposure of aquatic organisms shall be 1 hour for acute objectives and 4 days for chronic objectives.
2. Stream quality objectives for cadmium, chromium, copper, lead, nickel, silver and zinc shall be expressed as the dissolved form of the metal. The factors presented in Tables 3 and 4 shall be used to convert total recoverable criteria published by the U.S. Environmental Protection Agency to dissolved stream quality objectives. In the absence of data to develop a factor for any of the metals, an adjustment factor of 1.0 shall be utilized. Stream quality objectives for other metals shall be expressed as the concentration of the total recoverable form of the metal.
D. Human Health Objectives for Toxic Pollutants. It is the policy of the Commission to designate numerical stream quality objectives for the protection of human health for the Delaware River Estuary (Zones 2 through 5) which correspond to the designated uses of each zone. Stream quality objectives for protection from both carcinogenic and systemic effects are herein established on a pollutant-specific basis for:
pollutants listed as toxic under section 307(a)(1) and other toxic pollutants, and
other chemicals for which EPA has published final criteria under section 304(a) of the act.
Other toxic substances for which any of the three Estuary states have adopted criteria or standards may also be considered for the development of stream quality objectives.
1. An objective to protect against carcinogenic effects shall only be established if the pollutant is classified A, B or C under the U.S. EPA classification system for carcinogens, and if a cancer potency factor (CPF) exists in IRIS.
2. An objective to protect against systemic effects shall only be established for a pollutant if a reference dose (RfD) exists in IRIS. An additional safety factor of 10 shall be utilized in establishing the stream quality objectives to protect against systemic effects for pollutants classified as carcinogens if a CPF is not available in IRIS.
3. In the absence of toxicological data for an RfD or CPF in IRIS, data published in the 1980 U.S. EPA water quality criteria documents will be considered.
4. In establishing stream quality objectives for carcinogens, the level of risk is established at 10-6 or one additional cancer in every 1,000,000 humans exposed for a lifetime (70 years).
5. For the purpose of determining compliance with human health stream quality objectives, the duration of exposure shall be 70 years for carcinogens and 30 days for systemic toxicants.
6. A rate of ingestion of water of 2.0 liters per day is assumed in calculating objectives for river zones where the designated uses include public water supplies after reasonable treatment. A rate of ingestion of fish of 6.5 grams per day (equivalent to consuming a 1/2 pound portion every 35 days) is assumed in calculating freshwater stream quality objectives for human health. A rate of ingestion of fish of 37 grams per day (equivalent to consuming a 1/2 pound portion every 6 days) is assumed in calculating marine stream quality objectives for human health.
7. Maximum Contaminant Levels (MCLs) shall be applied as stream quality objectives in Zones 2 and 3 which are designated for use as public water supplies for those toxic pollutants where the MCL value is more stringent than the calculated human health objectives for carcinogens or systemic toxicants.
8. Numerical criteria for toxic pollutants to protect the taste and odor of ingested water and fish shall be applied as stream quality objectives in the Estuary if these criteria are more stringent than the calculated human health objectives for carcinogens or systemic toxicants.
b. Subsection 3.10.5D. is revised to read as follows:
D. Streamflow. Numerical stream quality objectives are based on a minimum consecutive 7-day flow with a 10-year recurrence interval unless otherwise specified.
c. Subsection 3.10.5E. is added to read as follows:
E. Requests for Modification of Stream Quality Objectives. The Commission will consider requests to modify the stream quality objectives for toxic pollutants based upon site-specific factors. Such requests shall provide a demonstration of the site-specific differences in the physical, chemical or biological characteristics of the area in question, through the submission of substantial scientific data and analysis. The demonstration shall also include the proposed alternate stream quality objectives. The methodology and form of the demonstration shall be approved by the Commission.
d. Subsections 3.10.6H. through P. are added to read as follows:
H. IRIS. The Integrated Risk Information System established and maintained by the U.S. Environmental Protection Agency. An electronic data base containing information on the toxicity and carcinogenicity of individual substances which can be accessed by regulatory agencies and the public.
I. Carcinogen. A substance for which there is no level of exposure that does not pose a small, finite probability of inducing benign or malignant tumors.
J. Systemic Toxicant. A substance having a threshold exposure which must be exceeded before deleterious effects (other than cancer) are observed in organ systems.
K. Acute Effects. Effects (including but not limited to lethality) due to exposure to a toxicant over a short time period.
L. Chronic Effects. Effects (including but not limited to reduced reproduction, reduced growth and lethality) due to exposure to a toxicant over a relatively long period of time relative to the life span of the exposed organism.
M. Cancer Potency Factor (CPF). The slope of the dose response curve in the low dose region expressed as the risk per milligram of a toxic substance per kilogram of body weight per day (mg/KG/day)-1.
N. Reference Dose (RfD). The daily exposure to a substance that is likely to be without an appreciable risk of deleterious effects during a lifetime expressed as milligram of the substance per kilogram of body weight per day (mg/KG/day).
O. Maximum Contaminant Level (MCL). The maximum permissible level of a contaminant in water which is delivered to any user of a public water system.
P. Stream Quality Objectives. Numeric values for specific pollutants and narrative descriptions of the quality of a waterbody that will assure that the designated uses of the waterbody, including the protection of aquatic life and human health, are achieved.
e. Subsection 3.30.2C.14. is added to read as follows:
14. Toxic Pollutants.
a. Applicable MCLs and criteria to protect the taste and odor of ingested water and fish are presented in Tables 5 and 6.
b. Applicable freshwater stream quality objectives for the protection of aquatic life are presented in Table 7.
c. Applicable freshwater stream quality objectives for the protection of human health are presented in Tables 8 and 9.
f. Subsection 3.30.3C.15. is added to read as follows:
15. Toxic Pollutants.
a. Applicable MCLs and criteria to protect the taste and odor of ingested water and fish are presented in Tables 5 and 6.
b. Applicable freshwater stream quality objectives for the protection of aquatic life are presented in Table 7.
c. Applicable freshwater stream quality objectives for the protection of human health are presented in Tables 8 and 9.
g. Subsection 3.30.4C.12. is added to read as follows:
12. Toxic Pollutants.
a. Applicable criteria to protect the taste and odor of ingested water and fish are presented in Table 6.
b. Applicable freshwater stream quality objectives for the protection of aquatic life are presented in Table 7.
c. Applicable freshwater stream quality objectives for the protection of human health are presented in Tables 8 and 9.
h. Subsection 3.30.5C.11. is added to read as follows:
11. Toxic Pollutants. Freshwater stream quality objectives apply in areas upstream of the Delaware Memorial Bridges (River Mile 68.75), and the more stringent of the freshwater or marine stream quality objectives apply in areas below RM 68.75.
a. Applicable criteria to protect the taste and odor of ingested water and fish are presented in Table 6.
b. Applicable freshwater and marine stream quality objectives to protect aquatic life are presented in Table 7.
c. Applicable freshwater and marine stream quality objectives to protect human health are presented in Tables 8 and 9.
Table 3: Factors for Converting Total Recoverable Freshwater Objectives for Metals for the Protection of Aquatic Life to Dissolved Objectives in the Delaware River Estuary.
METAL
Conversion Factor1 Cadmium 0.651 Chromium (Trivalent) 0.277 Chromium (Hexavalent) 0.919 Copper 0.908 Lead 0.723 Nickel 0.846 Silver 0.850 Zinc 0.950
Table 4: Factors for Converting Total Recoverable Marine Objectives for Metals for the Protection of Aquatic Life to Dissolved Objectives in the Delaware River Estuary.
METAL
Conversion Factor1 Cadmium 0.994 Chromium (Hexavalent) 0.993 Copper 0.832 Lead 0.951 Nickel 0.990 Silver 0.850 Zinc 0.946 1--Conversion Factor equals the dissolved concentration divided by the total recoverable concentration.
Table 5: Maximum Contaminant Levels to be Applied as Human Health Stream Quality Objectives in Zones 2 and 3 of the Delaware River Estuary.
Parameter Maximum Contaminant Level (µ/l) Antimony 6 Barium 2.0 mg/l Cadmium 5 Chromium (total) 100 Nickel 100 Selenium 50 1,2 - trans - Dichloroethene 100 1,2 - Dichloropropane 5 Ethylbenzene 700 gamma - BHC (Lindane) 0.2 1,2,4 - Trichlorobenzene 70 Total Trihalomethanes 100
Table 6: Criteria to protect the Taste and Odor of Ingested Water and Fish to be Applied as Human Health Stream Quality Objectives in all Zones of the Delaware River Estuary.
Parameter
STREAM QUALITY OBJECTIVE (µ/l) Phenol 300 2 - Chlorophenol 0.1 2,4 - Dichlorophenol 0.3 2,4 - Dimethylphenol 400 4 - Chloro - 3 - methylphenol 3.0 mg/l Pentachlorophenol 30 Acenaphthene 20 Chlorobenzene 20 Hexachlorocyclopentadiene 1.0 Nitrobenzene 30
Table 7: Stream Quality Objectives for Toxic Pollutants for the Protection of Aquatic Life in the Delaware River Estuary.
Parameter Freshwater Objectives (µg/l) Marine Objectives (µg/l) Acute Chronic Acute Chronic Metals (Values indicated are total recoverable;
see Section 3.10.3.C.2. for form of metal)
Aluminum 750 87 - - Arsenic (trivalent) 360 190 69 36 Cadmium e(1.128*LN(Hardness)-3.828) e0.7852*LN(Hardness)-3.49) 43 9.3 Chromium (trivalent) e(0.8190*LN(Hardness)+3.688) e(0.8190*LN(Hardness)+1.561) - - Chromium (hexavalent) 16 11 1,100 50 Copper e0.9422*LN(Hardness)-1.464) e0.8545*LN(Hardness)-1.465) 5.3 3.4 Cyanide (total) 22 5.2 1.0 - Lead 48 16 220 8.5 Mercury 2.4 0.012 2.1 0.025 Nickel e(0.846*LN(Hardness)+3.3612) e(0.846*LN(Hardness)+1.1645) 75 8.3 Selenium 20 5.0 300 71 Silver e(1.72*LN(Hardness)-6.52) - 2.3 - Zinc e(0.8473*LN(Hardness)+0.8604) e(0.8473*LN(Hardness)+0.7614) 95 86 Pesticides/PCBs
Aldrin 1.5 - 0.65 - gamma - BHC (Lindane) 1.0 0.08 0.08 - Chlordane 1.2 0.0043 0.045 0.004 Chlorpyrifos (Dursban) 0.083 0.041 0.011 0.0056 DDT and metabolites (DDE & DDD) 0.55 0.001 0.065 0.001 Dieldrin 1.25 0.0019 0.355 0.0019 Endosulfan 0.11 0.056 0.017 0.0087 Endrin 0.09 0.0023 0.019 0.0023 Heptachlor 0.26 0.0038 0.027 0.0036 PCBs (Total) 1.0 0.014 5.0 0.03 Parathion 0.065 0.013 - - Toxaphene 0.73 0.0002 0.21 0.0002 Acid Extractable Organics Pentachlorophenol e(1.005*pH-4.83) e(1.005*pH-5.29) 13 7.9 Indicator Parameters
Whole Effluent Toxicity 0.3 Toxic Unitsacute 1.0 Toxic Unitschronic 0.3 TUa 1.0 TUc
Table 8: Stream Quality Objectives for Carcinogens for the Delaware River Estuary.
Parameter EPA FRESHWATER OBJECTIVES MARINE CLASS. (µg/l) OBJECTIVES (µg/l) FISH & FISH FISH WATER INGESTION INGESTION INGESTION ONLY ONLY Arsenic A 50.0 - - Beryllium B2 0.00767 0.132 0.0232 Aldrin B2 0.00189 0.0226 0.00397 alpha - BHC B2 0.00391 0.0132 0.00231 Chlordane B2 0.000575 0.000588 0.000104 DDT B2 0.000588 0.000591 0.000104 DDE B2 0.00554 0.00585 0.00103 DDD B2 0.00423 0.00436 0.000765 Dieldrin B2 0.000135 0.000144 0.0000253 Heptachlor B2 0.000208 0.000214 0.0000375 Heptachlor epoxide B2 0.000198 0.000208 0.0000366 PCBs (Total) B2 0.0000444 0.0000448 0.0000079 Toxaphene B2 0.000730 0.000747 0.000131 Acrylonitrile B1 0.0591 0.665 0.117 Benzene A 1.19 71.3 12.5 Bromoform B2 4.31 164.0 28.9 Bromodichloromethane B2 0.559 55.7 9.78 Carbon tetrachloride B2 0.254 4.42 0.776 Chlorodibromomethane C 0.411 27.8 4.88 Chloroform B2 5.67 471.0 82.7 1,2 - Dichloroethane B2 0.383 98.6 17.3 1,1 - Dichloroethene C 0.0573 3.20 0.562 1,3 - Dichloropropene B2 87.0 14.1 2.48 Methylene chloride B2 4.65 1,580 277 Tetrachloroethene B2 0.80 8.85 1.55 1,1,1,2 - Tetrachloroethane C 1.29 29.3 5.15 1,1,2,2 - Tetrachloroethane C 0.172 10.8 1.89 1,1,2 - Trichloroethane C 0.605 41.6 7.31 Trichloroethene B2 2.70 80.7 14.2 Vinyl chloride A 2.00 525.0 92.9 Benzidine A 0.000118 0.000535 0.000094 3,3 - Dichlorobenzidine B2 0.0386 0.0767 0.0135 PAHs Benz[a]anthracene B2 0.00171 0.00177 0.00031 Benzo[b]fluoranthene B2 0.000455 0.000460 0.000081 Benzo[k]fluoranthene B2 0.000280 0.000282 0.000049 Benzo[a]pyrene B2 0.0000644 0.0000653 0.0000115 Chrysene B2 0.0214 0.0224 0.00394 Dibenz[a,h]anthracene B2 0.0000552 0.0000559 0.0000098 Indeno[1,2,3-cd]pyrene B2 0.0000576 0.0000576 0.0000101 Bis (2-chloroethyl) ether B2 0.0311 1.42 0.249 Bis (2-ethylhexyl) phthalate B2 1.76 5.92 1.04 Dinitrotoluene mixture (2,4 & 2,6) B2 17.3 1420 249 1,2 - Diphenylhydrazine B2 0.0405 0.541 0.095 Hexachlorobenzene B2 0.000748 0.000775 0.000136 Hexachlorobutadiene C 0.445 49.7 8.72 Hexachloroethane C 1.95 8.85 1.56 Isophorone C 36.3 2590 455 N-Nitrosodi-N-methylamine B2 0.000686 8.12 1.43 N-Nitrosodi-N-phenylamine B2 4.95 16.2 2.84 N-Nitrosodi-N-propylamine B2 0.00498 1.51 0.265 Pentachlorophenol B2 0.282 8.16 1.43 2,4,6 - Trichlorophenol B2 2.14 6.53 1.15 Dioxin (2,3,7,8 - TCDD) - 1.3 x 10-8 1.4 x 108 2.4 x 109
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