DEP Is A National Laggard In Adopting Standards To Protect Wetlands
14 Other States Have Adopted Standards
“This rich data set includes sediment chemistry and water quality information that could be used to build a foundation for development of wetland water quality standards in the future.” (NJ DEP, 2019, page 14 – 15)
Back in 2019, the Murphy DEP adopted a New Jersey Wetland Program Plan – 2019 – 2022:
New Jersey has taken a multi-faceted, comprehensive, approach to managing and protecting freshwater and coastal wetlands. This four-year Wetland Program Plan is an update of the first Wetland Program Plan the Department of Environmental Protection (NJDEP) developed in 2013. It provides a framework for the State of New Jersey to strengthen the core elements of its wetland program and to continue to reach the goals listed herein. The steps outlined will serve to direct current and future wetland protection and management efforts along a coordinated path to the benefit of New Jersey’s wetland resources and the quality of life for future generations.
That 2019 Wetlands Program Plan highlighted the need to adopt “water quality standards” for wetlands and made a commitment to adopt such standards necessary to protect wetlands.
Going back to the Whitman Administration, the NJ environmental and conservation community has long called on DEP to adopt water quality standard for wetlands, particularly to provide enforceable standards to protect wetlands from development, stormwater runoff, and withdrawal of groundwater.
At Sierra Club, I was a member of the McGreevey Transition Team and proposed such standards to the incoming administration and later worked to make that happen inside DEP. After leaving DEP, in 2005 I testified to the NJ Clean Water Council:
11. Strengthen wetlands protections
Improve protections of wetlands by: a) establish biological and hydrological surface water quality standards to control all activities, including those located outside regulated wetlands, that could impact wetlands, such as DEP water allocation, land use, and stormwater management permits;
Importantly, as highlighted by the current drought, those standards would also protect the hydrology of wetlands, from both too little water (e.g. from water allocation permits to pump groundwater that drain wetlands) or inundation from too much water from stormwater runoff of development. Relatedly, interested readers should see the Pinelands Commission’s recently adopted standards and the science of the Kirkwood-Cohansey Project:
First, what are the probable hydrologic effects of groundwater diversions from the Kirkwood-Cohansey aquifer on stream flows and wetland water levels? Second, what are the probable ecological effects of induced stream-flow and groundwater-level changes on aquatic and wetland communities?
So this is not a novel issue. It is a long time deficit in the DEP wetlands program.
As a result, wetlands are being destroyed as developers evade real enforceable regulatory restrictions.
In seeming to finally bite the bullet and make a commitment to such regulatory standards, back in 2019, DEP designated water quality standards a “core element” of DEP’s wetlands program:
“Core Element 4: Wetland Water Quality Standards
The USEPA guidance for states and tribes developing Wetland Water Quality Standards indicates that water quality standards for wetlands may differ from other traditional surface water standards. They can be derived and supported using measurements of wetland function or condition and rely less on water chemistry parameters and more on a suite of measures such as ecological services and vegetation or macroinvertebrate diversity to identify and protect the full range of wetland functions and/or ecological condition.
The effort to develop meaningful and defensible Wetland Water Quality Standards is occurring nationwide and is well reported in publications and other resources by EPA and the Association for State Wetland Managers. For example, guidelines and templates are available to assist states in the process of developing narrative or numeric wetland water quality standards. To date, 14 states have developed narrative or numeric Wetland Water Quality Standards and information from these states would be used to inform New Jersey’s approach in considering the feasibility of developing WetlandWater Quality Standards. The Association for Clean Water Administrators focal area of Monitoring, Assessment and Standards will also be an important information resource during this process.
The State of New Jersey has been a national leader in developing robust state water quality standards based on monitoring and assessment data. Similarly, as New Jersey considers the possibility of developing Wetland Water Quality Standards, wetland monitoring and assessment data collected by wetland scientists in the state would provide critical information on wetland condition and function using a reference-based approach along a gradient from high to low ecological integrity. Ecological integrity assessment data on landscape and buffer condition, vegetation, soil and hydrology metrics and environmental stressors has been collected during statewide and USEPA National Wetland Condition Assessments. This rich data set includes sediment chemistry and water quality information that could be used to build a foundation for development of wetland water quality standards in the future.“ (page 14 – 15)
The DEP typically justifies failure to adopt new regulations because they lack sufficient data to support new rules or they lack EPA approved methods.
Lack of sufficient data and EPA approved methods was exactly DEP’s rationale in recent denials of petitions for rulemaking to set water quality standards for toxic aluminum and to implement their recommended “Treatment Based Approach” to protect drinking water from unregulated chemicals.
But in this case, DEP touts the existence of a “rich data set” for “development of wetland water quality standards”, including the experience of 14 other States and EPA approved “guidelines and templates are available to assist states”.
There are rich NJ specific data, well developed science, and EPA approved methods. There is no reason for DEP not to act.
After noting that 14 States had already adopted such standards, revealingly, DEP wrote that NJ “has been a leader” – past tense.
DEP has since failed to propose water quality standards for wetlands.
Worse, the DEP’s 2023 – 2027 Update to the 2019 – 2022 Wetlands Plan delayed even the “consideration of options” for SWQS until after 2027, see: page 19, action #3.
DEP rescinded the prior 2019 commitment to develop water quality standards for wetlands, and now will merely “consider options” and will continue that consideration through 2027:
Consider options for wetlands-specific quality standards (narrative and numeric) through collective exploration involving NJ DEP Natural and Historic Resources, Science and Research, Land Use Management, Water Resource Management, as well as the Pinelands Commission and Highlands Council
The Murphy DEP has made NJ a national laggard. They just injected at least another decade of delay, which will allow destructive sprawl development to continue.
DEP is going in reverse.
DEP is not interested in protecting wetlands in a regulatory way that might stop development.
Where the hell is the NJ environmental community?
This is just another major issue that they have abandoned work on as they became cheerleaders.