(c) Where a constituent standard (the
criterion as adjusted by the antidegradation policy and applicable criteria
exceptions) is of a lower concentration than the relevant PQL (in Appendix
Table 1), the Department shall not (in the context of an applicable regulatory
program) consider the discharge to be causing a contravention of that
constituent standard so long as the concentration of the constituent in the
affected ground water is less than the relevant PQL.
1. Where interim specific criteria are
derived by the Department, interim PQLs shall also be derived for those
constituents as appropriate.
2.
Specific PQLs are not provided for interim generic ground water criteria. The
numeric interim generic ground water criteria shall be used as the constituent
standard unless a PQL applicable for an interim generic criteria is approved by
the Department and published with the interim generic criteria in accordance
with (c)3 below.
3. Selection and
derivation of PQLs shall be as follows:
i.
PQLs shall be rounded to one significant figure using standard
methods.
ii. PQLs listed in
Appendix Table 1 were, and additional PQLs shall be, derived or selected for
each constituent using the most sensitive analytical method providing positive
constituent identification from (c)3ii(1) and (2) below, in that order of
preference:
(1) PQLs derived from Method
Detection Limit (MDL) data from the New Jersey Department of Health and Senior
Services Laboratory (DHSS) multiplied by 5;
(2) PQLs derived from laboratory performance
data that has been evaluated by the Department using the method of Sanders,
Lippincott and Eaton (See Sanders, P. et at., "Determining Quantitation Levels
for Regulatory Purposes." J. Amer. Water Works Assoc., 1996, March pp.
104-114).
iii. The
Department may approve an alternative PQL. An alternative PQL shall be approved
when the evidence (in the context of an applicable regulatory program)
establishes that:
(1) Based upon
site-specific ground water matrix considerations, a PQL listed in Appendix
Table 1 for a constituent is not valid;
(2) An alternative PQL is more appropriate
for that constituent with regard to compliance with this chapter;
(3) The alternative PQL has been determined
through rigorous laboratory analysis using methods appropriate to the
site-specific ground water matrix and constituent(s), including, without
limitation, the derivation of an MDL using the methodology specified by
Appendix B of 40 CFR Part 136; and
(4) The alternative PQL does not result in
nondetection of any target constituent due to masking effects of other target
constituents, non-target constituents, or natural substances.
iv. The approval of an alternative
PQL shall be applicable to the regulation of ground water quality affected by
the discharge for which it is derived, and its approval and utilization shall
be subject to the same procedural requirements as any other aspect of the
regulatory decision.
4.
Where ground water pollutants affect surface water quality within the meaning
of 7:9C-1.7(g), more
sensitive analytical techniques such as bioassays or bioaccumulation assays may
be required by the Department.
