[Federal Register Volume 68, Number 164 (Monday, August 25, 2003)]
[Notices]
[Pages 51012-51013]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-21659]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7547-6]


Preliminary Listing of Additional Waters to Ohio's 2002 List of 
Waters Under Section 303(d) of the Clean Water Act

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice and request for comments.

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SUMMARY: This notice announces the EPA decision identifying water 
quality limited segments and associated pollutants in Ohio to be listed 
pursuant to the Clean Water Act section 303(d)(2), and requests public 
comment. Section 303(d)(1) requires that states submit 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. 
Section 303(d)(2) requires EPA to review and approve or disapprove the 
lists submitted by the states. If EPA disapproves a state list of 
waters pursuant to section 303(d)(2), EPA must then identify the 
impaired waters.
    On July 17, 2003, EPA partially approved and partially disapproved 
Ohio's 2002 section 303(d) list of waters still requiring TMDLs. 
Specifically, EPA approved Ohio's section 303(d) list of impaired 
waters at Table 6 of the Ohio 2002 Integrated Water Quality Monitoring 
and Assessment Report, including associated pollutants and associated 
priority rankings. EPA disapproved Ohio's decision not to identify 17 
additional waters on the 2002 section 303(d) list based upon sport fish 
consumption advisories. In a July 17, 2003 decision document, EPA 
identified these additional water bodies and associated pollutants for 
inclusion on the Ohio 2002 section 303(d) list.
    EPA is providing the public the opportunity to review its decision 
to add the 17 additional water bodies and pollutants to Ohio's 2002 
section 303(d) list, as required by EPA's Public Participation 
regulations. EPA will consider public comments in reaching its final 
decisions on the additional water bodies and pollutants identified for 
inclusion on Ohio's final list.

DATES: Comments on this document must be received in writing by 
September 24, 2003.

ADDRESSES: Written comments on today's notice may be submitted to Jo 
Lynn Traub, Director, Water Division, Attn: Ohio 303 (d) list, U.S. 
Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, 
Illinois 60604. As an alternative, EPA will accept comments 
electronically. Comments should be sent to the following Internet e-
mail address: [email protected].

FOR FURTHER INFORMATION CONTACT: Donna Keclik, Watersheds and Wetlands 
Branch, at the EPA address noted above or by telephone at (312) 886-
6766.

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 FR17170).
    Consistent with EPA's regulations, Ohio submitted to EPA its 
listing decision under section 303(d)(2) on October 3, 2002. On July 
17, 2003, EPA approved Ohio's 2002 section 303(d) list of impaired 
waters and associated priority rankings. EPA disapproved Ohio's 
decision not to list 17 additional waters and associated pollutants on 
the 2002 section 303(d) list based upon sport fish consumption 
advisories. EPA solicits public comment on its identification of 17 
additional waters

[[Page 51013]]

and associated pollutants for inclusion on Ohio's 2002 section 303(d) 
list.

    Dated: August 14, 2003.
Anthony Carrollo,
Acting Director, Water Division, Region 5.
[FR Doc. 03-21659 Filed 8-22-03; 8:45 am]
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