Ariz. Admin. Code § 18-11-604

Current through Register Vol. 30, No. 25, June 21, 2024

Section R18-11-604 - Types of Surface Waters Placed on the Planning List and 303(d) List

A. The Department shall evaluate, at least every five years, Arizona's surface waters by considering all readily available data.

1. The Department shall place a surface water or segment on:

a. The Planning List if it meets any of the criteria described in subsection (D), or

b. The 303(d) List if it meets the criteria for listing described in subsection (E).

2. The Department shall remove a surface water or segment from the Planning List based on the requirements in R18-11-605(E)(1) or from the 303(d) List, based on the requirements in R18-11-605(E)(2).

3. The Department may move surface waters or segments between the Planning List and the 303(d) List based on the criteria established in R18-11-604 and R18-11-605.

B. When placing a surface water or segment on the Planning List or the 303(d) List, the Department shall list the stream reach, derived from EPA's Reach File System or National Hydrography Dataset, or the entire lake, unless the data indicate that only a segment of the stream reach or lake is impaired or not attaining its designated use, in which case, the Department shall describe only that segment for listing.

C. Exceptions. The Department shall not place a surface water or segment on either the Planning List or the 303(d) List if the non-attainment of a surface water quality standard is due to one of the following:

1. Pollutant loadings from naturally occurring conditions alone are sufficient to cause a violation of applicable water quality standards;

2. The data were collected within a mixing zone or under a variance or nutrient waiver established in a NPDES or AZPDES permit for the specific parameter and the result does not exceed the alternate discharge limitation established in the permit. The Department may use data collected within these areas for modeling or allocating loads in a TMDL decision; or

3. An activity exempted under R18-11-117, R18-11-118, or a condition exempted under R18-11-119.

D. Planning List.

1. The Department shall:

a. Use the Planning List to prioritize surface waters for monitoring and evaluation as part of the Department's watershed management approach;

b. Provide the Planning List to EPA; and

c. Evaluate each surface water and segment on the Planning List for impairment based on the criteria in R18-11-605(D) to determine the source of the impairment.

2. The Department shall place a surface water or segment on the Planning List based the criteria in R18-11-605(C). The Department may also include a surface water or segment on the Planning List when:

a. A TMDL is completed for the pollutant and approved by EPA;

b. The surface water or segment is on the 1998 303(d) List but the dataset used for the listing:

i. Does not meet the credible data requirements of R18-11-602, or

ii. Contains insufficient samples to meet the data requirements under R18-11-605(D);

c. Some monitoring data exist but there are insufficient data to determine whether the surface water or segment is impaired or not attaining, including:

i. A numeric surface water quality standard is exceeded, but there are not enough samples or sampling events to fulfill the requirements of R18-11-605(D);

ii. Evidence exists of a narrative standard violation, but the amount of evidence is insufficient, based on narrative implementation procedures and the requirements of R18-11-605(D)(3);

iii. Existing monitoring data do not meet credible data requirements in R18-11-602; or

iv. A numeric surface water quality standard is exceeded, but there are not enough sample results above the laboratory detection limit to support statistical analysis as established in R18-11-603(A)(1).

d. The surface water or segment no longer meets the criteria for impairment based on a change in the applicable surface water quality standard or a designated use approved by EPA under section 303(c)(1) of the Clean Water Act, but insufficient current or original monitoring data exist to determine whether the surface water or segment will meet current surface water quality standards;

e. Trend analysis using credible and scientifically defensible data indicate that surface water quality standards may be exceeded by the next assessment cycle;

f. The exceedance of surface water quality standards is due to pollution, but not a pollutant;

g. Existing data were analyzed using methods with laboratory detection limits above the numeric surface water quality standard but analytical methods with lower laboratory detection limits are available;

h. The surface water or segment is expected to attain its designated use by the next assessment as a result of existing or proposed technology-based effluent limitations or other pollution control requirements under local, state, or federal authority. The appropriate entity shall provide the Department with the following documentation to support placement on the Planning List:

i. Verification that discharge controls are required and enforceable;

ii. Controls are specific to the surface water or segment, and pollutant of concern;

iii. Controls are in place or scheduled for implementation; and

iv. There are assurances that the controls are sufficient to bring about attainment of water quality standards by the next 303(d) List submission; or

i. The surface water or segment is threatened due to a pollutant and, at the time the Department submits a final 303(d) List to EPA, there are no federal regulations implementing section 303(d) of the Clean Water Act that require threatened waters be included on the list.

E. 303(d) List. The Department shall:

1. Place a surface water or segment on the 303(d) List if the Department determines:

a. Based on R18-11-605(D), that the surface water or segment is impaired due to a pollutant and that a TMDL decision is necessary; or

b. That the surface water or segment is threatened due to a pollutant and, at the time the Department submits a final 303(d) List to EPA, there are federal regulations implementing section 303(d) of the Clean Water Act that require threatened waters be included on the list.

2. Provide public notice of the 303(d) List according to the requirements of A.R.S. § 49-232 and submit the 303(d) List according to section 303(d) of the Clean Water Act.

Ariz. Admin. Code § R18-11-604

New Section made by final rulemaking at 8 A.A.R. 3380, effective July 12, 2002 (Supp. 02-3).