[Federal Register Volume 69, Number 227 (Friday, November 26, 2004)]
[Notices]
[Pages 68902-68903]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-26156]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7843-1]


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 action announces the availability of EPA decisions 
identifying

[[Page 68903]]

water quality limited segments and associated pollutants in Arizona 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 November 16, 2004, EPA partially approved and partially 
disapproved Arizona's 2004 submittal. Specifically, EPA approved 
Arizona's listing of 53 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 8 water bodies already listed by the State. 
EPA identified these additional water bodies and pollutants along with 
priority rankings for inclusion on the 2004 Section 303(d) list.
    EPA is providing the public the opportunity to review its decisions 
to add waters and pollutants to Arizona 2004 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 Arizona's final 
lists.

DATES: Comments must be submitted to EPA on or before December 27, 
2004.

ADDRESSES: Comments on the proposed decisions should be sent to Peter 
Kozelka, TMDL Liaison, Water Division (WTR-2), U.S. Environmental 
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA 
94105, telephone (415) 972-3448, facsimile (415) 947-3537, e-mail 
[email protected]. Oral comments will not be considered. Copies of 
the proposed decisions concerning Arizona which explain the rationale 
for EPA's decisions can be obtained at EPA Region 9's Web site at 
http://www.epa.gov/region9/water/tmdl/303d.html by writing or calling 
Mr. Kozelka 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: Peter Kozelka at (415) 972-3448 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 September 2, 2004. On 
November 16, 2004, EPA approved Arizona's listing of 53 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 8 water bodies already listed by the 
State. EPA identified these additional waters and pollutants along with 
priority rankings for inclusion on the 2004 Section 303(d) list. EPA 
solicits public comment on its identification of 19 additional waters 
and associated pollutants, and additional pollutants for 8 waters 
already listed by the State, for inclusion on Arizona's 2004 Section 
303(d) list.

    Dated: November 16, 2004.
Alexis Strauss,
Director, Water Division, Region IX.
[FR Doc. 04-26156 Filed 11-24-04; 8:45 am]
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