[Federal Register Volume 73, Number 60 (Thursday, March 27, 2008)]
[Notices]
[Pages 16301-16302]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-6278]


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 ENVIRONMENTAL PROTECTION AGENCY

[FRL-8547-7]


Clean Water Act Section 303(d): Availability of List Decision

ACTION: Notice of Availability and Opportunity to Comment.

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SUMMARY: This notice announces the availability of, and opportunity to 
comment on, an EPA decision reconsidering its decision to approve the 
omission of microcystin toxins listings for three segments of the 
Klamath River in California and identifying microcystin toxins as an 
additional cause of impairment for a segment of the Klamath River 
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.

DATES: Comments must be submitted to EPA on or before April 28, 2008.

FOR FURTHER INFORMATION CONTACT: Comments should be sent in writing to 
Peter Kozelka, TMDL Coordinator, 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]. Materials relating to EPA's 
reconsideration and determination can be viewed at EPA Region 9's Web 
site: http://www.epa.gov/region9/water/tmdl/303d.html or obtained by 
writing or calling Mr. Kozelka at the above address. Documentation 
relating to EPA's action 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 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).
    Consistent with EPA's regulations, California submitted to EPA its 
listing decisions under section 303(d)(2) on November 24, 2006. On 
November 30, 2006, EPA approved California's list of impaired waters, 
except Walnut Creek Toxicity. On March 8, 2007, EPA disapproved 
California's decisions not to list 36 water quality limited segments 
and associated pollutants, and additional pollutants for 34 water 
bodies already listed by the State. On June 28, 2007, EPA issued its 
final decision regarding the additional waters and pollutants for 
inclusion on the 2006 section 303(d) list. Among other things, the June 
28 decision approved the 2006 section 303(d) list without adding any 
Klamath River segments as impaired due to microcystin toxins.
    California's 2006 section 303(d) List already identifies each 
segment of the Klamath River within California as impaired due to 
Nutrients, Organic Enrichment/Low Dissolved Oxygen, and Temperature. 
EPA has reconsidered its prior approval of the omission of microcystin 
toxins listings for three Klamath River segments, and on March 13, 
2008, determined to add a listing for microcystin toxins for one of 
these three segments, ``Klamath River HU, Middle HA, Oregon to Iron 
Gate''. EPA's reconsideration of its decisions related to microcystin 
toxins and the Klamath River, and its determination to add a listing 
for microcystin toxins for one of the river's segments, do not affect 
EPA's determinations regarding any other portion of California's 
section 303(d) List. Neither EPA's approval of the State's listings for 
the Klamath River listings, nor EPA's determination to add the listing 
for microcystin toxins, extends to any water bodies located within 
Indian country, as defined in 18 U.S.C. 1151.
    EPA is providing the public the opportunity to review EPA's 
reconsideration of the listings for the Klamath River related to 
microcystin toxins, and its determination to add a

[[Page 16302]]

listing for microcystin toxins for one segment of the river. EPA may 
revise its decision if warranted in response to comments received. EPA 
is soliciting comment only with respect to the reconsideration of 
listings related to microcystin toxins for three Klamath River segments 
and EPA's determination to add the listing.

    Dated: March 20, 2008.
Alexis Strauss,
Director, Water Division, EPA Region IX.
[FR Doc. E8-6278 Filed 3-26-08; 8:45 am]
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