[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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