[Federal Register Volume 71, Number 210 (Tuesday, October 31, 2006)]
[Notices]
[Pages 63759-63760]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-18263]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8236-1]


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's final action

[[Page 63760]]

identifying water quality limited segments and associated pollutants in 
Arkansas to be listed pursuant to Clean Water Act (CWA) Section 303(d), 
and request for public comment. Section 303(d) 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 October 16, 2006, EPA partially approved and partially 
disapproved Arkansas' 2004 303(d) submittal. Specifically, EPA approved 
Arkansas' listing of 271 water body-pollutant combinations, and 
associated priority rankings and deferred its action on 129 water body 
pollutant combinations until the State submits its formal 2006 303(d) 
list. EPA disapproved Arkansas' decisions not to list 5 water body-
pollutant combinations. EPA identified these additional water body 
pollutant-combinations along with priority rankings for inclusion on 
the 2004 Section 303(d) List.
    EPA is providing the public the opportunity to review its final 
decisions to add water body pollutant-combinations to Arkansas' 2004 
Section 303(d) List, as required by EPA's Public Participation 
regulations (40 CFR Part 25). EPA will consider public comments and if 
necessary amend its final action on the additional water body 
pollutant-combinations identified for inclusion on Arkansas' Final 2004 
Section 303(d) List.

DATES: Comments must be submitted in writing to EPA on or before 
November 30, 2006.

ADDRESSES: Comments on the decisions should be sent to Diane Smith, 
Environmental Protection Specialist, Water Quality Protection Division, 
U.S. Environmental Protection Agency Region 6, 1445 Ross Ave., Dallas, 
TX 75202-2733, telephone (214) 665-2145, facsimile (214) 665-7373, or 
e-mail: [email protected]. Oral comments will not be considered. 
Copies of the documents which explain the rationale for EPA's decisions 
and a list of the 5 water quality limited segments for which EPA 
disapproved Arkansas' decision not to list can be obtained at EPA 
Region 6's Web site at www.epa.gov/earth1r6/6wq/tmdl.htm, or by writing 
or calling Ms. Smith at the above address. Underlying documents from 
the administrative record for these decisions are available for public 
inspection at the above address. Please contact Ms. Smith to schedule 
an inspection.

FOR FURTHER INFORMATION CONTACT: Diane Smith at (214) 665-2145.

SUPPLEMENTARY INFORMATION: Section 303(d) of the 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 list 
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).
    Consistent with EPA's regulations, Arkansas submitted to EPA its 
listing decisions under Section 303(d) on May 20, 2004 with subsequent 
revisions submitted on August 17, 2004, November 12, 2004, July 20, 
2005, and October 11, 2005. On October 16, 2006, EPA approved Arkansas' 
listing of 271 water body-pollutant combinations and associated 
priority rankings and deferred action on 129 water body-pollutant 
combinations. EPA disapproved Arkansas' decision not to list 5 water 
body-pollutant combinations and associated priority rankings. EPA 
identified these additional water body-pollutant combinations along 
with priority rankings for inclusion on the 2004 Section 303(d) List. 
EPA solicits public comment on its identification of 5 additional water 
body-pollutant combinations for inclusion on Arkansas' 2004 Section 
303(d) List.

    Dated: October 20, 2006.
Miguel I. Flores,
Director, Water Quality Protection Division, Region 6.
[FR Doc. E6-18263 Filed 10-30-06; 8:45 am]
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