[Federal Register Volume 71, Number 156 (Monday, August 14, 2006)]
[Notices]
[Page 46481]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-13284]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8209-4]


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 and requests public 
comment on EPA decisions identifying water quality limited segments and 
associated pollutants in Massachusetts to be listed pursuant to Clean 
Water Act section 303(d)(2). 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 June 21, 2006, EPA partially approved and partially disapproved 
Massachusetts' 2004 submittal. Specifically, EPA approved 
Massachusetts' listing of 734 water body segments, associated 
pollutants and priority rankings. EPA disapproved Massachusetts' 
decision not to list ninety (90) water quality limited segments 
impaired for mercury. EPA identified these additional water body 
segments, pollutants, and priority rankings for inclusion on the 2004 
section 303(d) list.
    EPA is providing the public the opportunity to review its decision 
to add waters and pollutants to Massachusetts' 2004 section 303(d) 
list, as required by EPA's Public Participation regulations. EPA will 
consider public comments in reaching its final decision on the 
additional water bodies and pollutants identified for inclusion on 
Massachusetts' final list.

DATES: Comments must be submitted to EPA on or before September 13, 
2006.

ADDRESSES: Comments on the proposed decisions should be sent to Michael 
Hill, U.S. Environmental Protection Agency, EPA New England Regional 
Office, One Congress Street, Suite 1100 (CWQ), Boston, MA 02114-2023, 
telephone (617) 918-1398, e-mail address [email protected]. Oral 
comments will not be considered.

FOR FURTHER INFORMATION CONTACT: Michael Hill at (617) 918-1398 or 
[email protected]. Copies of the proposed decisions explaining EPA's 
rationale for its partial approval and partial disapproval of 
Massachusetts' submittal can be obtained from the EPA Web site at 
http://www.epa.gov/ne/eco/tmdl/impairedh2o.html or by writing or 
calling Mr. Hill at the above address. Underlying documentation 
comprising the record for these decisions is available for public 
inspection at the above address.

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 implementing section 303(d) of the CWA (40 CFR 130.7). The 
regulations require states to identify every two years water quality 
limited waters still requiring TMDLs. 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(d)).
    Consistent with EPA's regulations, Massachusetts submitted to EPA 
its final listing decisions under section 303(d)(2) on April 19, 2005. 
On June 21, 2006, EPA approved Massachusetts' listing of 734 water body 
segments and associated priority rankings. EPA disapproved 
Massachusetts' decision not to include 90 water bodies impaired for 
mercury. 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 decision to include the 90 lakes and 
ponds impaired for mercury on Massachusetts' 2004 section 303(d) list.

    Dated: July 24, 2006.
Kenneth Moraff,
Deputy Director, Office of Ecosystem Protection, New England Regional 
Office.
[FR Doc. E6-13284 Filed 8-11-06; 8:45 am]
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