The Surface Water Quality Standards rules are periodically revised to address:
Changes in use classification, water quality criteria, antidegradation provisions, policies or other provisions;
Expiration of the rules requiring readoption pursuant to the New Jersey Administrative Procedure Act (NJAPA) at N.J.S.A. 52:14B-1 et seq.
Before amendments to the SWQS rules can be adopted, opportunities for public review and comment, including a public hearing, are provided as required under the NJAPA. An informal stakeholder process may be convened prior to rulemaking. Since SWQS must also comply with the federal Clean Water Act, USEPA approval is required before implementation of any amendments to the SWQS.
**Please refer to the official versions of these rules for the most accurate information about the standards currently in effect and how they are administered by the Department** Information on obtaining the official versions of Department rules is available on the Department's website.
The current SWQS rules (N.J.A.C. 7:9B) were readopted in 2023 and are scheduled to expire in 2030. This website provides access to a courtesy copy of the SWQS for informational purposes only. An official version of the rule may be obtained from LexisNexis ®, the publisher of the New Jersey Register (N.J.R.) and the New Jersey Administrative Code (N.J.A.C.). Information on obtaining the official versions of Department rules is available on the Department's website.
Changes to the SWQS can only be made by amending the rules in accordance with the New Jersey Administrative Procedure Act (N.J.S.A. 52:14B-1 et seq.) or through a Notice of Administrative Change under N.J.A.C. 7:9B-1.5(c) or 1.14(g).
The Federal Clean Water Act requires states to review the SWQS every three years (“triennial review”) to identify any necessary changes, including adoption of any revised federal surface water quality criteria or provide justification. In addition to, or as a result of this triennial review, the SWQS rules are periodically amended to update water quality criteria, stream classifications, or antidegradation designations and other policies. USEPA approval is required before any amendments to the SWQS can be implemented.
All current Department rules and regulations are posted on the Department’s website at https://dep.nj.gov/rules/, along with current and prior rule proposals and rule adoptions. A summary of amendments to the SWQS rules since 2002, along with links to corresponding maps, are provided below:
The Department has been coordinating with stakeholders to discuss anticipated amendments to reflect USEPA’s latest water quality criteria recommendations (e.g., human health criteria for toxic substances, aquatic life criteria) and policy recommendations, as well as other amendments needed to address water quality issues specific to New Jersey. The Department strives to ensure that the Surface Water Quality Standards are based on the latest science. Learn more about the Surface Water Quality Standards Rules Stakeholder Process.
The Department has amended the SWQS to incorporate the new Water Quality Standards Variance (WQSV) procedures as recommended by the USEPA in 2015. Under the federal regulations, a WQSV is a time-limited designated use and criterion for a specific pollutant that reflects the highest attainable condition (HAC) during the term of the WQSV. For additional information, please visit the federal Water Quality Regulations, 40 C.F.R. 131 at https://www.ecfr.gov.
As discussed under “Rule Amendments” above, the Department is working with a group of stakeholders to develop a WQSV for arsenic. The initial stakeholder workgroup meeting was held on September 28, 2017. Learn More.
