[Federal Register Volume 59, Number 219 (Tuesday, November 15, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-28147]


[[Page Unknown]]

[Federal Register: November 15, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5105-8]

 

Clean Water Act (CWA) 304(l): Availability of List Submissions 
and Proposed Approval Decisions

AGENCY: U.S. Environmental Protection Agency (USEPA).

ACTION: Notice of Availability.

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SUMMARY: This notice announces the availability of a list submitted to 
USEPA pursuant to Section 304(l)(1)(C) of the (CWA), 33 U.S.C. 
1314(l)(1)(C) as well as USEPA's proposed approval decision, and 
request for public comment.

DATES: Comments must be submitted to USEPA on or before December 15, 
1994.

ADDRESSES: Copies of these items can be obtained by writing or calling: 
Mr. Howard Pham, USEPA-Region 5, 304(l) Coordinator, U.S. Environmental 
Protection Agency-Region 5, Water Division (Mail Code WQP-16J), 77 West 
Jackson Blvd., Chicago, Illinois 60604-3507, Telephone: (312) 353-2310.
    Comments on these items should be sent to Howard Pham, USEPA-Region 
5 at the address given above.

FOR FURTHER INFORMATION CONTACT: Howard Pham at the address and 
telephone number given above.

SUPPLEMENTARY INFORMATION: Section 304(l) of the CWA, 33 U.S.C. 
1314(l), required each state, within 2 years after February 4, 1987, to 
submit to the USEPA, three lists of waters, including a list of those 
waters that the State does not expect to achieve applicable water 
quality standards, after application of technology-based controls, due 
to discharges of toxic pollutants from point sources (the ``B List'' or 
``Short List''). 33 U.S.C. 1314(l)(1)(B). The second, or ``Mini'' list 
consists of waters that are not meeting the new water quality standards 
developed under Section 303(c)(2)(B) for toxic pollutants because of 
pollution from point and nonpoint sources. 33 U.S.C. 1314(l)(1)(A)(i). 
The third, or ``Long'' list includes all waters on the other two lists, 
plus any waters which, after the implementation of technology-based 
controls, are not expected to meet the water quality goals of the Act. 
33 U.S.C. 1314(l)(1)(A)(ii).
    For each water segment identified in these lists, the State was 
required, by February 4, 1989, to submit a ``C List'' specifying point 
sources discharging toxic pollutants believed to be preventing or 
impairing such water quality. 33 U.S.C. 1314(l)(1)(C).
    For each point source identified on the State's C list as 
discharging toxic pollutants into a water segment on the State's B 
list, the State was further required to submit to USEPA an individual 
control strategy (ICS) that the State determined would serve to reduce 
point source discharges of toxic pollutants to the receiving water to a 
degree sufficient to attain water quality standards in that water 
within 3 years after the date of the establishment of the ICS. 33 
U.S.C. 1314(l)(1)(D).
    USEPA initially interpreted the statute to require States to 
identify on the C list only those facilities that discharge toxic 
pollutants believed to be impairing waters listed on the B list. In 
Natural Resources Defense Council (NRDC) v. U.S. EPA, 915 F.2d 1314 
(9th Cir. 1990), the Ninth Circuit Court of Appeals remanded that 
portion of the regulation and directed USEPA to amend the regulations 
to require the States to identify all point sources discharging any 
toxic pollutant that is believed to be preventing or impairing water 
quality of any stream segment listed on any of the three lists of 
waters, and to indicate the amount of the toxic pollutant discharges by 
each source. See NRDC v. U.S. EPA, 915 F.2d 1314, 1323-24 (9th Cir. 
1990). USEPA amended 40 CFR 130.10(d)(3) accordingly. See 57 FR 33040 
(July 24, 1992).
    Consistent with USEPA's amended regulation, the State of Illinois 
submitted to U.S. PA for approval on January 21, 1993, a revised 
facility list as required under Section 304(l)(1)(C). USEPA's review of 
Illinois' 304(l) facility list and its procedures used to develop the 
list, found the procedures to be inconsistent with the requirements of 
the amended regulations. Based on the above findings, the State of 
Illinois revised their procedures which were reviewed and accepted by 
USEPA, Region 5. Using the new procedures the State of Illinois, on 
August 3, 1994, submitted a new revised facility list to USEPA for 
approval. Illinois' revised list contains one facility, Crest Hill, 
located on the Des Plaines River. The pollutant of concern at the Crest 
Hill facility is silver.
    USEPA notes that Crest Hill's existing National Pollutant Discharge 
Elimination System permit is an acceptable ICS. The existing permit 
fully considers the water quality-based effluent limits.
    USEPA today proposes to approve the revised 304(l) facility list 
for Illinois. USEPA solicits public comment on the approval decision.

    Dated: October 19, 1994.
David A. Ullrich,
Acting Regional Administrator.

                              U.S. EPA Region 5 Section 304(l) Additional Listings                              
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  State          Waterbody name           NPDES No.           Discharger name           Pollutants of concern   
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IL......  Des Plaines River...........  IL0064998....  Crest Hill..................  Silver                     
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[FR Doc. 94-28147 Filed 11-14-94; 8:45 am]
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