[Federal Register Volume 66, Number 149 (Thursday, August 2, 2001)]
[Notices]
[Pages 40282-40283]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-19322]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7020-8]


Clean Water Act (CWA) 303(d): Proposed Addition of Six Waters to 
the State of New Jersey's 1998 Section 303(d) List

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA today notices its intent to disapprove the State of New 
Jersey's omission of six waters on its 1998 Clean Water Act Section 
303(d). EPA is proposing to add the following six waters to New 
Jersey's 1998 Section 303(d) list: Ackerman's Creek, Berry's Creek, 
Birch Swamp Creek, Capoolony Creek, Edmund's Creek, and the Singac 
River. EPA solicits public comment on the addition of the above six 
waterbodies to New Jersey's Clean Water Act Section 303(d) list.

DATES: Comments on the proposed action must be submitted to EPA on or 
before August 17, 2001.

ADDRESSES: Copies of the relevant supporting documents may be obtained 
by writing to Ms. Rosella O'Connor, U.S. Environmental Protection 
Agency Region 2, 290 Broadway, 24th Floor, New York, New York 10006-
1866, [email protected], or by calling (212) 637-3823.
    The administrative record containing background technical 
information is on file and may be inspected at the U.S. EPA, Region 2 
office between the hours of 8 a.m. and 5:30 p.m., Monday through 
Friday, except holidays. Arrangements to examine the administrative 
record may be made by contacting Ms. Rosella O'Connor.

FOR FURTHER INFORMATION CONTACT: Ms. Rosella O'Connor, telephone number 
(212) 637-3823.

SUPPLEMENTARY INFORMATION:
I. Background
II. Proposed Action

I. Background

    Section 303(d) of the Clean Water Act (CWA) and EPA's implementing 
regulations at 40 CFR 130.7, require states and territories to: develop 
lists of water-quality limited waters still requiring Total Maximum 
Daily Loads (TMDLs); establish a priority ranking of these waters; 
identify pollutants causing their impairment; and identify waters 
targeted for TMDL development over the next two (2) years. TMDLs 
include a determination of pollutant loadings compatible with 
achievement of applicable state water quality standards. State 303(d) 
lists and TMDLs are submitted to the EPA for approval or disapproval.
    Under 40 CFR 130.7(b)(1), water quality-limited segments are not 
required to be listed on a State's Section 303(d) list where: effluent 
limitations required by the CWA; more stringent effluent limitations 
required by State or local authority; or, other pollution control 
requirements required by State, local or federal authority, are 
stringent enough to implement applicable water quality standards. 
Waters may be removed from the 303(d) list if any of the listed control 
actions result in meeting water quality standards by the next listing 
cycle. If water quality standards are not expected to be achieved by 
the next listing cycle, through implementation of other required 
controls, it is appropriate for waters to remain on the 303(d) list to 
ensure that implementation of the required controls and progress 
towards compliance with applicable water quality standards occur.
    On September 15, 1998, the State of New Jersey (``New Jersey'') 
submitted its 1998 CWA Section 303(d) list to EPA for review and 
approval. On October 8, 1998, EPA approved New Jersey's CWA Section 
303(d) list. This list included approximately 1,048 water-quality 
limited segments. This list was challenged in a lawsuit commenced in 
the Federal District Court for the District of New Jersey, entitled 
American Littoral Society and New Jersey Public Interest Research Group 
v. United States Environmental Protection Agency, et al. [Civil Action 
No. 96-339 (MLC)]. In a preliminary decision and order issued in this 
case in December 2000, the Court directed EPA to provide for the 
inclusion on New Jersey's 303(d) list the five following waters: 
Ackerman's Creek; Berry's Creek; Birch Swamp Brook; Capoolony Creek; 
and Edmund's Creek. These five waters should have

[[Page 40283]]

been included on New Jersey's list due to impairment by toxic 
pollutants, but were inadvertently omitted. Subsequently, during the 
course of the litigation, EPA determined that a sixth water, the Singac 
River had also been inadvertently omitted from New Jersey's 303(d) 
list. More specifically, while the Lower Passaic River, reach number 
02030103-012-125/ at Singac, is listed in the State's 1998 303(d) list 
at page A 9 for fecal coliform and phosphorus, the Singac River, reach 
number 02030103, is not listed for whole effluent toxicity, despite the 
fact that New Jersey had previously determined it that was impaired due 
to violations of whole effluent toxicity requirements.
    In preparing its 1998 CWA Section 303(d) list, New Jersey relied 
upon several sources of information, including the EPA approved CWA 
Section 304(l) lists. Under CWA Section 304(l), states were required to 
submit to EPA several lists, including, pursuant to Section 
304(l)(A)(i)--a list of water bodies the state does not expect to 
achieve State water quality standards due to discharges of toxic 
pollutants from point or nonpoint sources (the ``mini list''). In 1993, 
EPA approved New Jersey's CWA Section 304(l) lists. A notice announcing 
EPA's final approval of New Jersey's 304(l) lists, including New 
Jersey's mini list, was published in the Federal Register on November 
2, 1993 (58 FR 58548).
    The six waters that EPA is proposing to add originate from New 
Jersey's CWA Section 304(l) mini list. With the exception of these six 
waters, the remaining waters listed under the CWA Section 304(l) mini 
list were included in New Jersey's 1998 CWA Section 303(d) list.
    Five of the six waters: Ackerman's Creek, Berry's Creek, Birch 
Swamp Brook, Capoolony Creek, and Edmund's Creek were found to be 
potentially impaired due to contamination from adjacent hazardous waste 
sites listed under the National Priority List. The Singac River was 
identified by New Jersey as requiring additional water-quality based 
controls for whole effluent toxicity.

II. Proposed Action

    EPA is proposing to disapprove New Jersey's omission of six waters 
from its 1998 CWA Section 303(d) list. EPA is proposing to add the six 
waters (shown in Table 1) to New Jersey's 1998 Section 303(d) list. 
Consistent with EPA's regulations, 40 CFR part 130.7(b)(4), the 
pollutants potentially causing impairments of the listed waters are 
identified in Table 1. The toxic pollutants identified for the listed 
waters (with the exception of the Singac River) are based on data 
collected at the adjacent hazardous waste sites. For the Singac River, 
specific toxic pollutants have yet to be identified.

 Table 1.--List of Six Waters Proposed for Addition to New Jerseys 1998
                         CWA Section 303(d) List
------------------------------------------------------------------------
           Waterbody                Reach No.          Pollutant(s)
------------------------------------------------------------------------
Ackerman's Creek...............        02030103  Chromium, mercury,
                                                  PCBs, chlorinated
                                                  benzenes.
Berry's Creek..................     02030103034  mercury, other metals.
Birch Swamp Creek..............        02030104  arsenic, lead, copper,
                                                  zinc, PCBs.
Capoolony Creek................        02030105  DDT.
Edmund's Creek.................        02030105  PCBs.
Singac River...................        02030103  Whole Effluent
                                                  Toxicity.
------------------------------------------------------------------------

    CWA Section 303(d)(1) and EPA's regulations at 40 CFR 130.7(b)(4) 
require States to prioritize waters on their Section 303(d) lists for 
TMDL development. EPA is proposing that a ranking of low priority be 
assigned to the six waters. A low priority is appropriate because of 
the control actions that are currently underway for the five 
waterbodies (Ackerman's Creek, Berry's Creek, Birch Swamp Brook, 
Capoolony Creek, Edmund's Creek) that have been listed due to potential 
contamination from adjacent hazardous waste sites. These waters should 
be restored upon implementation of the remediation plans for the sites 
impacting the waters. EPA believes that any TMDL that is developed for 
these waters will rely on the remediation plans, required under 40 CFR 
Sec. 300.430 for the hazardous waste sites. EPA expects that New Jersey 
will track the progress of remediation plans for the relevant hazardous 
sites and the water quality of the above five waters. In the case of 
the Singac River, the original listing under CWA Section 304(l) was not 
specific and there is some uncertainty as to the specific toxic 
pollutants and the degree of impairment. EPA recommends that New Jersey 
review and evaluate existing and readily available data and information 
regarding the presence of toxic pollutants in the Singac River to 
determine the specific toxic pollutants and degree of impairment.
    EPA is soliciting public comment on the proposed addition and 
priority ranking of Ackerman's Creek, Berry's Creek, Birch Swamp Creek, 
Capoolony Creek, Edmund's Creek, and the Singac River to New Jersey's 
1998 CWA Section 303(d) list.

    Dated: July 20, 2001.
George Pavlou,
Acting Regional Administrator.
[FR Doc. 01-19322 Filed 8-1-01; 8:45 am]
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