On May 24, 2002, Commissioner Bradley M. Campbell announced a new phosphorus initiative at a meeting held with approximately 100 representatives of New Jersey's publicly owned treatment works. Commissioner Campbell detailed the DEP's direction to fully implement the numeric Water Quality Criteria (WQC) for total phosphorus. This decision was based on the large number of water bodies listed as impaired due to numerical exceedance of WQC for phosphorus, which is part of the State's Surface Water Quality Standards (SWQS).

Excessive phosphorus in freshwater streams, lakes and rivers results in algae blooms. These blooms cause depleted oxygen levels, adverse impacts on aquatic populations, and taste and odor problems and additional treatment costs for drinking water suppliers. In 1999, approximately 62 percent of the water bodies statewide exceeded the WQC for phosphorus. The Federal Clean Water Act requires the DEP to impose limits that will prevent/eliminate the violation of SWQS. Therefore, the imposition of Water Quality Based Effluent Limits (WQBELs) in New Jersey Pollutant Discharge Elimination System (NJPDES) discharge to surface water permits is necessary.

The imposition of WQBELs will primarily impact publicly owned sewage treatment plants. The DEP has begun issuing NJPDES permits with WQBELs for phosphorus that include a compliance schedule for implementation. In addition, the permit affords dischargers an opportunity to demonstrate (with necessary site-specific studies) why a limit is not appropriate. These demonstrations must be consistent with the provisions of the SWQS. When appropriate, the affected permittees on a shared watershed are encouraged to undertake the optional studies jointly so that redundant efforts can be eliminated and more integrated approaches found. Such approaches may include trading between point sources and between point and non-point sources. This can be part of a plan to bring a facility into compliance with their effluent limitation. Trading allows sources to use the marketplace to determine who will reduce and by how much, by allowing the buying and selling of the assigned allotments. For example, a source that reduces more than what was required can quantify that amount and create a marketable "credit." That credit, in turn, can be purchased by another source, which allows them to increase their discharge by the amount of the credit. The total discharge by both sources remains the same, thereby maintaining overall water quality standards.

If a discharger elects not to pursue a demonstration, or if the results of the demonstration reaffirm the imposition of the WQBELs, the limits will become effective in accordance with the permit schedule. The DEP expects upgraded treatment will be required to meet phosphorus WQBELs. The schedule in permits is designed to address both the optional demonstration and any treatment upgrades.

The DEP is also taking comprehensive steps to reduce phosphorus pollution in addition to the imposition of WQBELs on wastewater discharges. For example, Total Maximum Daily Load (TMDL) development is currently under way in the Passaic River Basin. TMDLs represent the assimilative or carrying capacity of the receiving water taking into consideration, point and nonpoint sources of pollution, natural background, and surface water withdrawals. A TMDL is developed as a mechanism for identifying all the contributors to surface water quality impacts and setting goals for load reductions for specific pollutants as necessary to meet SWQS. These load reductions then become an alternative means of establishing WQBELs.

Additionally, over $2 million has been spent on the development and implementation of Best Management Practices for agricultural lands to reduce nutrient runoff. The Conservation Resource Enhancement Program, when implemented, will provide federal and state funds for the purchase of stream corridor easement and the implementation of nonpoint source controls on associated farms. This program is a State-federal conservation partnership program targeted to address specific State and nationally significant water quality, soil erosion and wildlife habitat issues related to agricultural use. The program uses financial incentives to encourage farmers and ranchers to voluntarily enroll in contracts of 10 to 15 years in duration to remove lands from agricultural production. This community-based conservation program provides a flexible design of conservation practices and financial incentives to address environmental issues.

The purchase of open space, through funds provided by the many state and local programs, will act as buffers to minimize pollution and preserve water quality. Furthermore, entities regulated under the upcoming NJPDES Municipal Stormwater Regulation Program will reduce the nonpoint source load from separate storm sewers by requiring certain basic activities for existing development and updated performance standards for new developments.