[Federal Register Volume 70, Number 69 (Tuesday, April 12, 2005)]
[Notices]
[Page 19079]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-7331]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-7898-3]
Clean Water Act Section 303(d): Availability of List Decisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of availability.
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SUMMARY: This notice announces the availability of EPA's final action
identifying water quality limited segments and associated pollutants in
Louisiana to be listed pursuant to Clean Water Act Section 303(d), and
request for public comment. Section 303(d) 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 March 31, 2005, EPA partially approved and partially disapproved
Louisiana's 2002 303(d) submittal. Specifically, EPA approved
Louisiana's listing of 442 water body-pollutant combinations and
associated priority rankings. EPA disapproved Louisiana's decisions not
to list 44 water quality limited segments (or 69 water body-pollutant
combinations). 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 final
decisions to add waters and pollutants to Louisiana's 2002 Section
303(d) List, as required by EPA's Public Participation regulations (40
CFR Part 25). EPA will consider public comments and if necessary amend
its final action on the additional water bodies and pollutants
identified for inclusion on Louisiana's Final 2002 Section 303(d) List.
DATES: Comments must be submitted in writing to EPA on or before May
12, 2005.
ADDRESSES: Comments on the decisions should be sent to Diane Smith,
Environmental Protection Specialist, Water Quality Protection Division,
U.S. Environmental Protection Agency Region 6, 1445 Ross Ave., Dallas,
TX 75202-2733, telephone (214) 665-2145, facsimile (214) 665-7373, or
e-mail: [email protected]. Oral comments will not be considered.
Copies of the documents which explain the rationale for EPA's decisions
and a list of the 49 water quality limited segments for which EPA
disapproved Louisiana's decisions not to list can be obtained at EPA
Region 6's Web site at http://www.epa.gov/earth1r6/6wq/tmdl.htm, or by
writing or calling Ms. Smith at the above address. Underlying documents
from the administrative record for these decisions are available for
public inspection at the above address. Please contact Ms. Smith to
schedule an inspection.
FOR FURTHER INFORMATION CONTACT: Diane Smith at (214) 665-2145.
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 Total Maximum Daily Loads (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 list
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, Louisiana submitted to EPA its
listing decisions under Section 303(d) on August 21, 2003, with
subsequent corrections submitted on December 10, 2003, and October 19,
2004. On March 31, 2005, EPA approved Louisiana's listing of 442 water
body-pollutant combinations and associated priority rankings. EPA
disapproved Louisiana's decisions not to list 44 water quality limited
segments (or 69 water body-pollutant combinations). 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 44 additional waters for inclusion on
Louisiana's 2002 Section 303(d) List.
Dated: April 5, 2005.
Miguel I Flores,
Director, Water Quality Protection Division, Region 6.
[FR Doc. 05-7331 Filed 4-11-05; 8:45 am]
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