December 2004
New Mercury, Arsenic Standards
Adopted by New Jersey Strictest in the Country
Predictions Place Over 130
Water Systems in Excess of the New Standards
Princeton, NJ— New Jersey
Department of Environmental Protection (DEP)
Commissioner Bradley M. Campbell announced
the adoption of new rules that establish the
strongest mercury and arsenic standards in
the nation. These rules will reduce mercury
emissions from certain facilities by up to
90 percent by the end of 2007 and will cut
in half the acceptable limit of arsenic in
drinking water by 2006.
“These rules build upon
Governor McGreevey’s strong legacy of
fighting pollution and protecting New Jersey’s
drinking water,” said Campbell. “If
New Jersey’s mercury rules were enacted
nationally, annual emissions from coal-fired
power plants alone would decline from approximately
48 tons to about 5 tons. At the same time,
through existing technologies we can provide
greater health protections, reducing the risk
of cancers from arsenic in drinking water.”
The adopted mercury regulations
call for a 90-percent reduction of mercury
emissions from the state’s 10 coal-fired
boilers in power plants by the end of 2007.
The rules allow for some flexibility, giving
plants the option of meeting the standards
in 2012 if they also make major reductions
in their emissions of sulfur dioxide, nitrogen
oxides, and fine particulates.
The new regulations also mandate
a reduction of mercury emissions from the
state’s six iron and steel melters of
75 percent by the end of 2009. The state estimates
that iron and steel manufacturing plants are
the largest New Jersey-based sources of mercury
emissions with much of their materials coming
from shredded automobiles’ scrap metal.
The rules also call for a further
reduction of mercury emissions from New Jersey’s
five municipal solid waste (MSW) incinerators
of at least 95 percent below 1990 levels in
2011.
In addition, the mercury rules
contain standards for medical waste incinerators
that are already being met by the three facilities
operating in New Jersey. These protective
standards will ensure that these incinerators
continue to minimize mercury emissions, allowing
for a maximum level of emissions that is one-tenth
the current federal limit.
The new arsenic rules establish
a maximum contaminant level of five parts
per billion (ppb) for arsenic concentrations
in drinking water, effective January 23, 2006.
In February 2002, the federal government adopted
a 10-ppb arsenic drinking water standard,
also effective January 23, 2006. No state
other than New Jersey has adopted an arsenic
standard as protective as 5 ppb.
New Jersey requires monitoring
for arsenic at more than 600 public community
water systems and 900 non-transient, non-community
systems, which combined serve around 85 percent
of the state’s population. Based on
past data, the DEP predicts approximately
34 community and 101 non-community systems
will have arsenic levels exceeding the new
5-ppb standard.
In addition, the new state
arsenic standard will apply to private well
owners regulated under New Jersey’s
Private Well Testing Act, requiring notification
of consumers about arsenic concentrations
during a real estate transaction and when
renting property.
Long-term exposure to arsenic
through drinking water can cause cancer of
the skin, lungs, urinary bladder, and other
organs. As arsenic is a naturally occurring
element found throughout New Jersey, it is
important for water purveyors to take active
steps to reduce arsenic levels in drinking
water.
Water systems in the Piedmont
region of New Jersey are most likely to be
affected by naturally occurring arsenic, including
areas of Bergen, Essex, Hudson, Hunterdon,
Mercer, Middlesex, Morris, Passaic, Somerset
and Union Counties. Arsenic in these areas
leaches into the ground due to the erosion
of rock deposits that contain arsenic.
Four treatment technologies
have been identified as capable of removing
arsenic in New Jersey’s drinking water
supplies below the adopted maximum contaminant
level of 5 ppb. The New Jersey Corporation
for Advanced Technology (NJCAT) has certified
one of these technologies.
Exposure to a toxic form of
mercury comes primarily from eating contaminated
fish and shellfish. Children and pregnant
women are especially susceptible to mercury
contamination. Even exposure to low levels
can potentially cause permanent brain damage
to the fetus, infants, and young children.
Scientists estimate up to 60,000 children
may be born annually in the United States
at elevated risk for neurological problems
leading to poor school performance because
of mercury exposure while in utero.
Mercury is a problem both from
long-range sources and from regional and local
sources. Contaminated fish have been found
in remote areas of the state, such as the
Pinelands, as well as in industrialized areas.
Mercury can contaminate waterbodies either
directly through runoff or from air pollution
that deposits in the water. Once in an aquatic
ecosystem, it accumulates in the tissues of
animals as methylmercury, a toxic and harmful
form of mercury.
New Jersey is one of more than
40 states that issued fish advisories for
certain species of fish contaminated with
mercury. Studies have shown that reducing
mercury emissions can significantly reduce
contamination in nearby ecosystems. In Florida,
scientists found that mercury concentrations
in fish and wading birds in the Everglades
have declined by 60 to 70 percent in the last
10 years as a result of controls in mercury
emissions in neighboring industries.
DEP developed the mercury and
arsenic rules in consultation with other governmental
agencies, universities, scientists, regulated
industry officials, and environmental and
public health advocates. The adopted rules
will appear in the December 6, 2004 New Jersey
Register.