[Federal Register Volume 67, Number 239 (Thursday, December 12, 2002)]
[Notices]
[Pages 76404-76405]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-31239]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-7419-8]
Clean Water Act Section 303(d): Availability of List Decisions
AGENCY: Environmental Protection Agency.
ACTION: Notice of availability.
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SUMMARY: This notice announces the availability of EPA decisions
identifying water quality limited segments and associated pollutants in
Arizona and Nevada to be listed pursuant to Clean Water Act Section
303(d)(2), and requests public comment. Section 303(d)(2) requires that
states submit and EPA approve or disapprove lists of waters for which
existing technology-based pollution controls are not stringent enough
to attain or maintain state water quality standards and for which total
maximum daily loads (TMDLs) must be prepared.
On December 5, 2002, EPA partially approved and partially
disapproved Arizona's submittal. Specifically, EPA approved Arizona's
listing of 32 waters, associated pollutants, and associated priority
rankings. EPA disapproved Arizona's decisions not to list 19 water
quality limited segments and associated pollutants, and additional
pollutants for 3 water bodies already listed by the State. EPA
identified these additional water bodies and pollutants along with
priority rankings for inclusion on the 2002 Section 303(d) list.
On November 20, 2002, EPA partially approved and partially
disapproved Nevada's submittal. Specifically, EPA approved Nevada's
listing of 84 waters, associated pollutants, and associated priority
rankings. EPA disapproved Nevada's decisions not to list 15 water
quality limited segments and associated pollutants, and additional
pollutants for 38 water bodies already listed by the State. EPA
identified these additional water bodies and pollutants along with
priority rankings for inclusion on the 2002 Section 303(d) list.
EPA is providing the public the opportunity to review its decisions
to add waters and pollutants to Arizona and Nevada's 2002 Section
303(d) lists, as required by EPA's Public Participation regulations [40
CFR part 25]. EPA will consider public comments in reaching its final
decisions on the additional water bodies and pollutants identified for
inclusion on Arizona and Nevada's final lists.
DATES: Comments must be submitted to EPA on or before January 13, 2003.
ADDRESSES: Comments on the proposed decisions should be sent to David
Smith, TMDL Team Leader, Water Division, U.S. Environmental Protection
Agency Region IX, 75 Hawthorne Street, San Francisco, CA 94105,
telephone (415) 972-3416, facsimile (415) 947-3537, e-mail
[email protected]. Oral comments will not be considered. Copies of
the proposed decisions concerning Arizona and Nevada which explain the
rationale for EPA's decisions can be obtained at EPA Region 9's Web
site at http://www.epa.gov/region09/water/TMDL by writing or calling
Mr. Smith at the above address. Underlying documentation comprising the
record for these decisions are available for public inspection at the
above address.
FOR FURTHER INFORMATION CONTACT: David Smith at (415) 972-3416 or
[email protected].
SUPPLEMENTARY INFORMATION: Section 303(d) of the Clean Water Act (CWA)
requires that each state identify those waters for which existing
technology-based pollution controls are not stringent enough to attain
or maintain state water quality standards. For those waters, states are
required to establish TMDLs according to a priority ranking.
EPA's Water Quality Planning and Management regulations include
requirements related to the implementation of Section 303(d) of the CWA
[40 CFR 130.7]. The regulations require states to identify water
quality limited waters still requiring TMDLs every two years. The lists
of waters still needing TMDLs must also include priority rankings and
must identify the waters targeted for TMDL development during the next
two years [40 CFR 130.7]. On March 31, 2000, EPA promulgated a revision
to this regulation that waived the requirement for states to submit
Section 303(d) lists in 2000 except in cases where a court order,
consent decree, or settlement agreement required EPA to take action on
a list in 2000 [65 FR 17170].
Consistent with EPA's regulations, Arizona submitted to EPA its
listing decisions under Section 303(d)(2) on October 17, 2002. On
December 5, 2002, EPA approved Arizona's listing of 32 waters and
associated priority rankings. EPA disapproved Arizona's decisions not
to list 19 water quality limited segments and associated pollutants,
and additional pollutants for 3 water bodies already listed by the
State. EPA identified these additional waters and pollutants along with
priority rankings for inclusion on the 2002 Section 303(d) list. EPA
solicits public comment on its identification of 19 additional waters
and associated pollutants, and additional pollutants for 3 waters
[[Page 76405]]
already listed by the State, for inclusion on Arizona's 2002 Section
303(d) list.
Consistent with EPA's regulations, Nevada submitted to EPA its
listing decisions under Section 303(d)(2) on October 1, 2002. On
November 20, 2002, EPA approved Nevada's listing of 84 waters and
associated priority rankings. EPA disapproved Nevada's decisions not to
list 15 water quality limited segments and associated pollutants, and
additional pollutants for 38 water bodies already listed by the State.
EPA identified these additional waters and pollutants along with
priority rankings for inclusion on the 2002 Section 303(d) list. EPA
solicits public comment on its identification of 15 additional waters
and associated pollutants, and additional pollutants for 38 waters
already listed by the State, for inclusion on Nevada's 2002 Section
303(d) list.
Dated: November 27, 2002.
Catherine Kuhlman,
Acting Director, Water Division, EPA Region IX.
[FR Doc. 02-31239 Filed 12-11-02; 8:45 am]
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