Murphy DEP Delayed Public Records Request For Drought Documents & Data
[Update below]
The NJ Drinking Water Quality Institute (DWQI) met yesterday.
Before I get to the important issues I tried to put on the meeting agenda in written submissions and again during the public comment period (see this and this for details), let me first note that one issue on the DWQI meeting agenda was about development of next year’s (2025) workplan to specify what chemicals they would be developing drinking water standards for (MCLs).
The DWQI Chair suggested that they conduct a survey of members to identify priority chemicals to work on. I interjected and requested that the DWQI issue a public notice and provide an opportunity for public comment on what the DWQI workplan should be. Surprisingly the Chair agreed to do that! So folks should look for that and weigh in to help set the DWQI priorities and focus.
During discussion, DWQI member Judy Klotz suggested that the DWQI consider some kind of recommendation to insulate and protect NJ’s drinking water program from anticipated attacks at the federal level under the incoming Trump administration. Trump has pledged to rollback environmental regulations even more severely than he did during his first term (over 120 regulations) under the Project 2025 strategy to “dismantle the administrative state”. Klotz’s suggestion was ignored by the Chair.
During public comment, I supported Klotz’s suggestion and emphasized that the entire regulatory framework was in jeopardy and that there was a LOT the DEP Commissioner, Governor, and Legislature could do to block Trump rollbacks, including working with the outgoing Biden EPA. (One example: EPA & DEP have a contractual commitment called “NEPPS”. Revisions could lock in funding and program commitments via contract.)
During Trump’s first term, he issued Executive Orders that directed federal agencies to repeal and not enforce not only regulations, but funding and even basic foundational elements (data, methods, databases, etc). One example was the repeal of the EPA’s Social Cost of Carbon – so suppose the new Trump EPA erased the EPA’s Integrated Risk Information System?
IRIS is the scientific foundation for DEP risk assessments, regulatory standards, and permit decisions. An Emergency Order by the Governor or new legislation could freeze current science and data from any abolition or rollback, And that’s just ONE example.
During public comment period I also posed specific direct questions to the Chair:
Status Of The DWQI Recommended “Treatment Based Approach”
What was the status of the prior DWQI recommend “Treatment Based Approach” to hundreds of unregulated chemicals? Was it abandoned and defunct? Did it require new legislation? Or is DEP planning new regulations to implement it? I cited my petition for rulemaking which was recently denied by DEP. I emphasized that current low flow conditions greatly exacerbated the risk from unregulated chemicals for which there is very little data and that pass through drinking water systems into your tap water.
The Chair completely ignored and failed to respond to those critical questions.
Drinking Water Risks And Water Quality Monitoring Under Commissioner LaTourette’s Drought Order
What is the ambient river water quality upstream of drinking water intakes during the extremely low flow drought conditions? What are the risks of regulated and unregulated chemicals in that source water? Do current drinking water treatment systems remove these chemicals? How does the Department coordinate the wastewater treatment plants with the downstream drinking water intakes? For example, if there is an accidental chemical spill that impacts a river, the downstream drinking water intakes are shut down.
The Chair directed me to the Water Supply Advisory Council and felt that these issues were better addressed there, not at the DWQI.
I objected by noting the broad legislative charge to the DWQI to make recommendations regarding not just MCL’s but “implementation of the drinking water program”. I stressed the expertise in toxicology and risk assessment at the DWQI and the institutional composition of the DWQI, which includes laboratory and treatment experts and the private water purveyors.
No response to that from the Chair or members of the DWQI. Pure cowardice.
Risks And Impacts Of Water Transfers – Is NJ Replicating Flint Michigan?
I asked about how paragraphs #5 and #6 of Commissioner LaTourette’s drought Order regarding water quality were being implemented, including for reduced reservoir releases, reduced minimum flow requirements AND any water transfers.
Weeks prior to yesterday’s meeting, I filed an OPRA public records request to obtain this water quality data as well as communications with the drinking water purveyors, BEFORE the DWQI meting. DEP failed to respond by the legal deadline and instead delayed response for an indefinite period.
I asked how the public could be assured of the quality of the drinking water during drought, particularly given the DEP Water Supply Plan’s findings that during the 2016 – 2017 drought Order, which clearly stated that water purveyors refused to comply with the DEP Ordered water transfers due to concerns about changed source water chemistry leaching lead from distribution pipes, which is exactly what happened in Flint, Michigan.
The DEP representative on the DWQI responded, by assuring me that things were under control and referred me to DEP “Guidance” and US EPA regulation and Guidance. I was told that the DEP’s “Drinking Water Watch” (DWW) website regularly posted the data.
During the meeting, I pushed back on the DWW claim by asking whether that data included source water data, e.g. the chemicals upstream of drinking water intakes. I got misleading replies to which I pushed back by noting that DEP’s Water Supply Plan explicitly states that DEP lacks authority to require sampling of source water.
After the meeting, I Googled those documents and found that the DEP Guidance is not enforceable and not applicable during drought emergency.
I found that the EPA regulations and Guidance were not enforceable and that NJ, as a state with “Primacy” under the federal Safe Drinking Water Act, and DEP is the lead agency and not really directly supervised by EPA.
So, the public can have no assurance about or confidence in the safety of their drinking water, especially during drought.
The DWQI is evading its responsibilities and not responding to important science based questions.
The DEP is not cooperating in sharing information, is not replying timely as required by law to OPRA requests, is not conducting a transparent program, and is evading regulatory updates and enforcement.
Folks might like to know about that. So where are the environmental groups and media?
[Update: 12/13/24 – I resent being stonewalled and gaslighted by DEP bureaucrats, so I filed the following OPRA public records request just now. This will be interesting. I’ll share DEP’s response:
During the 12/10/24 meeting of the Drinking Water Quality Institute, in response to my questions, I was directed to 2 document: 1) the NJDEP Guidance “SOURCE WATER CHANGES AND TREATMENT MODIFICATIONS” and 2) US EPA Guidance “Optimal Corrosion Control Treatment Evaluation Technical Recommendations for Primacy Agencies and Public Water Systems”.
I request the following public records regarding those 2 documents:
1) technical reports submitted to the DEP by regulated water purveyors pursuant to those Guidance documents (and DEP & EPA regulations) during the 2016 – 2017 and current (2024) droughts, including pursuant to DEP Administrative Orders.
2) correspondence between NJ DEP and regulated water purveyors regarding the two subject Guidance documents (and DEP & EPA regulations during the 2016 – 2017 and current (2024) droughts, including pursuant to DEP Administrative Orders.
3) correspondence between NJ DEP and US EPA regarding water quality data, technical Reports, or implementation regarding the two subject Guidance documents (and DEP & EPA regulations during the 2016 – 2017 and current (2024) droughts, including pursuant to DEP Administrative Orders.