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“any measurable changes (including calculable or predicted changes) to the existing water quality”

There is a very simple 2 step regulatory logic that needs to be more widely understood, advocated, and enforced by NJ DEP.

Step 1 (NJAC 7:9B-1.5 Statements of policy)

These Surface Water Quality Standards apply to all surface waters of the State.

This means exactly what it says – the SWQS apply to every surface water and to all activities that might impact water quality (“cause or contribute”), even if the activity is not regulated by a DEP permit program and even if there is no explicit linkage in the permit program rules that requires compliance with SWQS as a condition of permit approval.

There is explicit linkage to the SWQS in the Freshwater Wetlands rules – among many other things, those rules form the basis for the Clean Water Act’s Section 401 water quality certification.

N.J.A.C. 7:7A-7.2 Standard requirements for all individual permits    

[(a)]

(b) The Department shall issue an individual freshwater wetlands or open water fill permit only if the regulated activity:  [1. – 4.]

5. Will not cause or contribute to a violation of any applicable State water quality standard;    

There is also explicit linkage to the SWQS in the WQMP rules, which in turn capture many other rules that are linked to the WQMP rules.

The NJ SWQS are required under the federal Clean Water Act and are reviewed and approved by the US EPA. The NJ SWQS are enforceable by the US EPA and can not be changed without the review and approval of the US EPA.

People can appeal to US EPA when NJ DEP fails to enforce EPA approved State SWQS.

Step 2 (NJAC 7:9B-1.5(d)2.iii.)

Category One Waters shall be protected from any measurable changes (including calculable or predicted changes) to the existing water quality. Water quality characteristics that are generally worse than the water quality criteria, except as due to natural conditions, shall be improved to maintain or provide for the designated uses where this can be accomplished without adverse impacts on organisms, communities, or ecosystems of concern.

There are three distinct aspects of the SWQS: 1) the antidegradation policy (i.e. for C1 waters, no measurable change to existing water quality); 2) the mandate to protect all existing uses (all living things, in stream and their aquatic and aquatic dependent habitat, including State listed T&E aquatic and aquatic dependent species, are existing uses); and 3) the numeric and narrative water quality criteria designed to protect physical, chemical and biological integrity.

There it is.

Now hold DEP and the polluters and developers accountable to strict enforcement of that standard.