N.J. Admin. Code § 7:15-5.2

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:15-5.2 - Listing of 303(d) Water Quality Limited Waters

(a) The Department shall develop a biennial 303(d) List of Water Quality Limited Waters, also known as the "303(d) List" required by Section 303(d) of the Federal Clean Water Act, 33 U.S.C. § 1313 (d). The 303(d) List shall be developed in accordance with the Federal requirements at 40 CFR 130.7(b), incorporated herein by reference; Federal information or guidance concerning the Clean Water Act Section 303(d), 305(b), and 314 Integrated Reporting and Listing Decisions; the USEPA guidance document titled "Information Concerning 2014 Clean Water Act Sections 303(d), 305(b), and 314 Integrated Reporting and Listing Decisions" from Denise Keehner, September 3, 2013 (available at http://water.epa.gov/lawsregs/lawsguidance/cwa/tmdl/guidance.cfm#program) incorporated herein by reference, as amended and supplemented; and pursuant to the process set forth in (b) through (e) below.

(b) The Department shall set forth the methods to be used to develop each 303(d) List. These methods, known collectively as the "Integrated Water Quality Monitoring and Assessment Methods Document" or "Methods Document," shall include:

1. Data quality requirements;

2. Methods to evaluate water quality data to assess attainment of applicable water quality criteria and standards as set forth in the SWQS at N.J.A.C. 7:9B, assess support of applicable designated uses, and identify water quality limited waters; and

3. The basis for assigning priority for development of TMDLs to all waterbody/pollutant combinations on the 303(d) List.

(c) From time to time, the Department may revise the Methods Document prior to the development of the 303(d) List. If the Department proposes a revised Methods Document, the Department shall provide the public with the opportunity to review and comment on the draft Methods Document prior to development of the corresponding 303(d) List in accordance with (c)1 and 2 below:

1. The Department shall post the draft Methods Document and an announcement of its availability for public comment on its website at http://www.nj.gov/dep/wms/bears/generalinfo.htm. The Department shall also publish a notice in the New Jersey Register to request public comment and will announce the availability of the document electronically to entities that have requested electronic notifications from the Department pursuant to 7:15-1.6(d). The public will be afforded the opportunity to review and comment on the proposed Methods Document during the comment period established in the public notice.

2. Following the public comment period, the Department may make revisions to the draft Methods Document and will post the final Methods Document at http://www.nj.gov/dep/wms/bears/generalinfo.htm.

(d) The Department shall provide the public with the opportunity to submit water quality data to be considered in the development of the 303(d) List. The Department shall publish data submission requirements and deadlines in the New Jersey Register, on its website at http://www.nj.gov/dep/wms/bears/generalinfo.htm, and electronically to entities that have requested electronic notifications from the Department pursuant to 7:15-1.6(d).

(e) The Department shall propose each 303(d) List, provide an opportunity for public comment, and adopt the 303(d) List in accordance with 7:15-5.4.

N.J. Admin. Code § 7:15-5.2

Amended by 48 N.J.R. 2244(a), effective 11/7/2016