(a) The Department shall propose TMDLs as amendments to areawide WQM plans and shall establish 303(d) Lists pursuant to (a)1 through 4 below:
1. The Department shall publish a notice of the proposed new 303(d) List, or intent to amend the applicable areawide WQM plans for TMDLs, in the New Jersey Register, on the Department's website
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). The public notice shall specify the means to access the subject document electronically or by hard copy and the procedure for submitting comments. The Department may determine to hold a nonadversarial public hearing in anticipation of sufficient public interest. If so, the location, time and place of the hearing will be identified in the notice. If a public hearing is to be held, notice will be provided at least 30 days prior to the public hearing and the comment period will remain open until 15 days after the public hearing;
2. The Department may alternatively determine to hold a nonadversarial public hearing in response to expression of sufficient public interest, as defined under
7:1D-5.2, received within 30 days of the publication of the notice in (a)1 above. If the Department determines to hold a nonadversarial public hearing in response to a request, notice of the public hearing shall be provided in accordance with (a)1 above. The Department shall additionally provide notice of the public hearing to those requesting the hearing;
3. At the conclusion of the public comment period, the Department will make any appropriate revisions to the document(s) and prepare a written response to the comments. The Department shall either:
i. Establish the 303(d) List or the TMDL as proposed;
ii. Establish all or portions of the 303(d) List or the TMDL with changes which do not effectively destroy the value of the public notice regarding the proposed 303(d) List or TMDL, as applicable; or
iii. Re-propose in accordance with (a)1 above, all or portions of the 303(d) List or the TMDL with substantive changes; and
4. The Department shall submit the established 303(d) List or the established TMDL, including the response to comments received, to the USEPA for approval.
(b) Upon receipt of a response from USEPA, the Department shall:
1. Amend the document in accordance with USEPA comments and repropose the 303(d) List or TMDL amendment if USEPA requests substantive changes that effectively destroy the value of the original public notice; or
2. Adopt the 303(d) List document(s) directly or adopt the TMDL documents as an amendment to the areawide WQM plan by placing a notice in the New Jersey Register and the Department's website at
http://www.nj.gov/dep/wms/bears/generalinfo.htm. This step constitutes final agency action.
Notes
N.J. Admin. Code §
7:15-5.4
Amended by 48 N.J.R. 2244(a), effective 11/7/2016
