[Federal Register Volume 71, Number 79 (Tuesday, April 25, 2006)]
[Notices]
[Pages 23918-23919]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-6159]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8161-5]


Clean Water Act Section 303(d): Availability of EPA's Decision To 
Add Bear Creek to Colorado's 2006 List of Water Quality-Limited 
Segments in Need of TMDLs

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability.

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SUMMARY: Region VIII of the EPA is hereby providing notice, and 
requesting public comment on EPA's decision to add Bear Creek (Segment 
COSPBE01a) to Colorado's list of water quality-limited segments in need 
of total maximum daily loads (TMDLs) pursuant to Clean Water Act 
Section 303(d)(2). Section 303(d)(2) of the Clean Water Act 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 TMDLs must be prepared.
    On April 12, 2006, EPA partially approved and partially disapproved 
Colorado's Section 303(d) list submittal for the 2006 listing cycle. 
Specifically, EPA approved Colorado's listing of 119 waters, associated 
pollutants, and associated priority rankings. EPA disapproved 
Colorado's decision not to list one segment of Bear Creek. EPA 
evaluated all the existing and readily available data and information 
on the Bear Creek segment and concluded that the aquatic life use in 
the Bear Creek, which includes the fishery, is not being fully met. 
Based on this evaluation EPA has determined that the Bear Creek segment 
is not fully attaining the water quality standards established by the 
State of Colorado and should be included on the State's list of 
impaired waters. Therefore, through its partial disapproval of the 
State's list, EPA added Bear Creek segment COSPBE01a to the State's 
list. This addition to the State's list includes only a portion of 
segment COSPBE01a (i.e., Bear Creek from below Evergreen Reservoir to 
Harriman Ditch).
    EPA is providing the public the opportunity to review its decision 
to add a portion of Bear Creek to Colorado's 2006 Section 303(d) list, 
as required by EPA's Public Participation regulations. EPA will 
consider public comments in reaching its final decision to add a 
portion of Bear Creek segment COSPBE01a to the State's list.

DATES: Comments must be submitted to EPA on or before June 20, 2006.

ADDRESSES: Comments on the proposed decision should be sent to George 
Parrish, TMDL Team (8EPR-EP), U.S. Environmental Protection Agency 
Region VIII, 999 18th Street, Suite 300, Denver, CO 80202-2466, 
telephone (303) 312-7027, facsimile (303) 312-6339, e-mail 
[email protected]. Oral comments will not be considered. Copies of 
EPA's letter concerning Colorado's list that explains the rationale for 
EPA's decision can be obtained at EPA Region VIII's Web site at http://www.epa.gov/region08/water/tmdl, or by writing or calling Mr. Parrish 
at the above address. The full administrative record containing 
background technical information is on file and may be inspected at the 
U.S. EPA, Region VIII Technical Library found in the Environmental 
Information Service Center (EISC). The Library and Service Center are 
located on the ground floor at Denver Place, 999 18th Street, Denver, 
Colorado. The Library is open to the public from 10 a.m. to 4 p.m. The 
Library can be contacted by calling the Service Center at (303) 312-
6312 or (800) 227-8917. Arrangements to examine the administrative 
record may also be made by contacting George Parrish.

FOR FURTHER INFORMATION CONTACT: George Parrish at (303) 312-7027 
[email protected] or Karen Hamilton at (303) 312-6236 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, 
identify the pollutants causing the impairment, and must identify the 
waters targeted for TMDL development during the next two years (40 CFR 
130.7).
    Consistent with EPA's regulations, Colorado submitted to EPA its 
listing decisions under Section 303(d)(2) in correspondence dated March 
21, 2006. On April 12, 2006, EPA approved Colorado's listing of 119 
waters and associated priority rankings. EPA disapproved Colorado's 
decision not to include Bear Creek in its list. EPA identified a 
portion of Bear Creek segment COSPBE01a for inclusion on Colorado's 
2006 Section 303(d) list. EPA solicits public comment on the addition 
of a portion of Bear Creek to the State's list, as required by EPA's 
Public Participation regulations (40 CFR part 25).

    Authority: Clean Water Act, 33 U.S.C. 1251 et seq.


[[Page 23919]]


    Dated: April 17, 2006.
Max H. Dodson,
Assistant Regional Administrator, Office of Ecosystems Protection and 
Remediation.
[FR Doc. E6-6159 Filed 4-24-06; 8:45 am]
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